Posted on

Prosecutor Guide to Jury Selection in Cases with LGBTQ+ Victims of Domestic Violence, Sexual Assault, and Stalking

A prosecutor’s first opportunity to combat potential bias during a criminal trial is jury selection. Jury selection, also known as voir dire, provides an opportunity to address bias, correct misconceptions, and strive for fairness in the process. Jury selection is also an opportunity to educate the panel about the crime and parties, to obtain promises to follow instructions on the law, and to plant seeds about the concepts of fairness and justice in the context of the current case. For cases involving LGBTQ+ victims, a comprehensive voir dire strategy is key to ensuring that anti-LGBTQ+ bias does not determine the outcome of the trial.

This Guide, developed in partnership with AEquitas and the American Bar Association, is designed to support prosecutors in drafting jury selection questions and related motions in limine to help address anti-LGBTQ+ bias among potential jurors.

This project was supported by Grant No. 15JOVW-21-GK-02238-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Prosecutor Guide to Jury Selection (OVW Approved)

Posted on

Threat Assessments

This session, recorded as part of a two-day virtual Witness Intimidation Convening, focuses on methods for assessing threats against victims and witnesses of crime. Rick Harris, Senior Criminal Investigator of the Denver District Attorney’s Office (Denver DA), and Steve Siegel, independent consultant and former director of Denver DA’s Special Programs Unit, discuss how to assess the credibility of threats, resources and tools that facilitate threat assessments, working with candidates for witness protection, and strategies for maximizing the success of witness protection programs.

This event is supported by Grant No. 2020-YX-BX-K001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions discussed during this event are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Posted on

Commonwealth v. Rogers, 8 EAP 2020, Pennsylvania Supreme Court, Brief of Amici Curiae in Support of the Commonwealth

In this amicus brief, AEquitas, the Women’s Law Project, and 26 additional amici share their expertise in support of a determination that Pennsylvania’s Rape Shield Law does not permit the introduction of evidence of a complainant’s criminal record for prostitution-related offenses. Introducing this evidence would reinforce prejudicial gender and racial biases that would inhibit justice from prevailing and increase the burden of a criminal record on victims of sexual violence and exploitation.Amicus-Curiae-Brief-with-Time-Stamp

Posted on

Shielding the Victim: Litigating Rape Shield Motions

Rape shield laws provide prosecutors with a powerful tool to counter defense attempts to introduce irrelevant and highly prejudicial evidence of a victim’s sexual history at trial. First codified into law in 1974 in the state of Michigan, rape shield provisions now exist in every jurisdiction in the United States. They seek to eliminate the influence of an archaic and dangerous body of law that protected only the chaste, perpetuated overly broad notions of consent, and left victims without justice. All rape shield laws require exclusion of the victim’s prior sexual conduct unless the evidence falls within a specified exception. However, these laws have not stopped defense attempts to stretch the limits of codified exceptions in order to admit evidence of the victim’s sexual behavior. Marginalized communities, in particular, have been negatively affected by rulings under these laws. Prosecutors must be vigilant in their efforts to safeguard victims’ privacy to ensure they are not humiliated, silenced, and blamed for their own assaults.

This presentation discusses the history and foundation of rape shield laws, identifies and discusses the most frequent areas of appellate litigation, and provides prosecutors with the tools to effectively litigate rape shield motions. Presenters also discuss trial strategies to employ if efforts to preclude information about a victim’s prior sexual conduct are unsuccessful.

As a result of this presentation, participants will be able to:
-Litigate rape shield motions to protect victim privacy
-Prosecute cases using an offender-focused approach
-Employ strategies to mitigate harm to the victim and the case when evidence of victim’s prior sexual conduct is admitted

This project was supported by Grant No. 15JOVW-22-GK-03987-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Posted on

Agriculture’s Growing Problem: Investigating and Prosecuting Labor Trafficking and Co-Occurring Crimes in the Illicit Cannabis Industry

Despite the recent legalization of cannabis cultivation, possession, and use in many states across the country, the illicit market for the drug is still booming. The illicit cannabis industry is causing profound harm to the communities in which it operates—harm that goes far beyond simply producing off-the-books marijuana. Illicit market growers often seek to sidestep agricultural and worker regulations, causing widespread environmental harms, including blackouts, water theft, damage to flora and fauna, poisoned waterbeds, and wildfires. The human cost of illicit cannabis growth is even greater. Across the country, investigators have discovered laborers who have been forced to work in inhumane conditions—often without pay—and in close proximity to dangerous chemicals at illegal cannabis cultivation sites. Workers are often threatened with physical violence or deportation if they report to authorities.

 

Pursuing these crimes often requires a specialized skill set among prosecutors and investigators. This Strategies Newsletter demonstrates how investigators and prosecutors, working in conjunction with local and federal stakeholders, can ensure that labor traffickers in the illicit marijuana industry are held accountable for the full range of their conduct.Agriculture’s Growing Problem

Posted on

Tapping into Offender Accountability: Using Wiretapping in State-Level Human Trafficking Cases

Law enforcement are regularly challenged to build cases that can be successfully prosecuted when victims are unable to participate. There are a myriad of ways to build cases that are not wholly dependent on victim testimony, and one powerful strategy is to use wiretaps that can capture communications and ultimately establish the elements of “force, fraud, or coercion”. Eavesdropping warrant investigations are technical and resource-intensive, however they are highly effective in obtaining evidence to prosecute offenders without relying on testimony from victims who are often fearful, distrustful, intimidated, and traumatized.

This training focuses on how prosecutors and law enforcement can effectively use eavesdropping warrants to hold traffickers accountable and build strong, actionable investigations even if wiretapping is not ultimately employed. Presenters provide approaches to maximize resources, even when limited, to enable jurisdictions of all sizes to utilize eavesdropping warrants. Additionally, practical strategies to comply with ethical and legal obligations are discussed, including methods to minimize harm and trauma to victims and survivors.

Learning Objectives:
-Build an investigation sufficient to support an application for an eavesdropping warrant
-Define legal requirements before, during, and after intercepting electronic communications
-Litigate pretrial motions to admit out-of-court statements and expert testimony

This presentation was produced by AEquitas under 15POVC-21-GK-03263-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Posted on

Stalking Charges: An Opportunity, Not an Afterthought [ESPAÑOL]

Stalking is pervasive. Every day, victims suffer immeasurable fear and distress over repeated, unwanted, and threatening conduct directed at them by their stalkers. Despite the frequency of stalking and its profound impact on victims, offenders are rarely held accountable by the criminal justice system. Many reports from victims — to family, friends, and law enforcement — are only taken seriously once stalkers escalate their behaviors and cause significant property damage, physical harm, or death. Sometimes, even victims themselves are unable to identify stalking behaviors, largely due to narrow societal and media depictions of what constitutes stalking.

In this webinar, participants are challenged to adopt a new paradigm of offender behavior. By viewing an offender’s conduct against a victim through a holistic—rather than episodic—lens, participants learn how stalking charges can provide the critical link between seemingly isolated instances. After discussing common stalking behaviors, which go far beyond pop culture stereotypes, presenters discuss how criminal justice system actors and allied professionals can enhance their response, including methods for investigating and prosecuting stalking offenses. Instead of considering stalking crimes to be too complex or as an afterthought to other offenses, participants will view these charges as key to holding offenders accountable for the full scope of their criminality.

At the end of this webinar, participants will be able to:
-Identify stalking offenses and dynamics
-Enhance the investigation and prosecution of stalking, both as a stand-alone offense and as a co-occurring offense
-Increase the safety of stalking victims

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and Grant No. Grant No. 2017-TA-AX-K074, both awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Posted on

Stalking Charges: An Opportunity, Not an Afterthought

Stalking is pervasive. Every day, victims suffer immeasurable fear and distress over repeated, unwanted, and threatening conduct directed at them by their stalkers. Despite the frequency of stalking and its profound impact on victims, offenders are rarely held accountable by the criminal justice system. Many reports from victims — to family, friends, and law enforcement — are only taken seriously once stalkers escalate their behaviors and cause significant property damage, physical harm, or death. Sometimes, even victims themselves are unable to identify stalking behaviors, largely due to narrow societal and media depictions of what constitutes stalking.

In this webinar, participants are challenged to adopt a new paradigm of offender behavior. By viewing an offender’s conduct against a victim through a holistic—rather than episodic—lens, participants learn how stalking charges can provide the critical link between seemingly isolated instances. After discussing common stalking behaviors, which go far beyond pop culture stereotypes, presenters discuss how criminal justice system actors and allied professionals can enhance their response, including methods for investigating and prosecuting stalking offenses. Instead of considering stalking crimes to be too complex or as an afterthought to other offenses, participants will view these charges as key to holding offenders accountable for the full scope of their criminality.

At the end of this webinar, participants will be able to:
-Identify stalking offenses and dynamics
-Enhance the investigation and prosecution of stalking, both as a stand-alone offense and as a co-occurring offense
-Increase the safety of stalking victims

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and Grant No. Grant No. 2017-TA-AX-K074, both awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Posted on

“Next-Level” Compulsion of Victim Testimony in Crimes of Sexual and Intimate Partner Violence: Prosecutorial Considerations Before Using Bench Warrants/Body Attachments and Material Witness Warrants

This article examines the considerations that should be weighed in deciding whether to employ next-level measures, such as material witness warrants and body attachments, to compel victim testimony in sexual and intimate partner violence cases. While prosecutors have a great deal of discretion in deciding whether to use compulsive measures beyond issuance of a subpoena, the decision to resort to such measures should be made with great care and with an awareness of the potential consequences, as well as consideration of possible alternatives.

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.

Next-Level Compulsion of Victim Testimony

Posted on

Seeking Justice Through Sexual Violence Prosecutions

This article explains the problems that have arisen as a result of overreliance on conviction rates in cases of sexual violence. It identifies the core principles that should inform a model response to these crimes to further the goals of justice — i.e., offender accountability, victim well-being, and community safety. Finally, it discusses how prosecutors can broaden definitions of “success” in the prosecution of sexual violence, and how they can measure their current response as well as efforts toward improvement.

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.

Seeking Justice Through Sexual Violence Prosecutions