This resource outlines effective prosecution strategies for cases where witness intimidation is, or may be, a factor. It provides guidance for prosecution practices that will enhance the safety of victims and witnesses. The paper discusses the first steps a prosecutor should take upon being assigned a case in which witness intimidation is, or may be, an issue. It then discusses strategies for the various phases of a criminal prosecution, from pretrial through the final pretrial conference. Finally, the paper discusses sentencing considerations, including the need for appropriate post-release conditions that enhance the ongoing safety of victims and witnesses.
A Prosecutor’s Reference – Medical Evidence and the Role of Sexual Assault Nurse Examiners in Cases Involving Adult Victims
Prosecutors should consider the potential testimony that can be provided by Sexual Assault Nurse and Sexual Assault Forensic Examiners (SANEs/SAFEs). This monographs evaluates studies that show connections between medical-forensic examination and evidence collection and more positive criminal justice outcomes, leading prosecutors to consider the potential testimony that can be provided by these kinds of medical experts.
Intimate Partner Violence Victims Charged with Crimes – Justice and Accountability for Victims of Battering who use Violence Against their Batterers
There are many dilemmas facing police, prosecutors, and allied professionals who deal with domestic violence, especially in cases where battered women have been charged with crimes. This monograph focuses on cases involving victims of battering who were charged with crimes against their abusers. These cases are particularly challenging to prosecute because they usually involve prosecuting someone whose actions derive from the complaining witness’s ongoing abuse. The paper examines strategies for dealing with these cases is ways that are just and safe for the parties involved.
Witness Intimidation – Meeting the Challenge
Witness intimidation can hinder the investigation and prosecution of any criminal case, but it presents predictable challenges in certain categories of crime. Where the defendant has a pre-existing relationship with the victim, or in cases involving gangs or organized crime, the defendant often has the ability, directly or indirectly, to continue to inflict harm upon, or to exercise influence over, the victim or witness long after the precipitating criminal act. This monograph explores the form of witness intimidation, offers strategies to prevent and minimize its effects, suggests trial strategies for cases involving witness intimidation, including the use of forfeiture by wrongdoing as a means of admitting hearsay statements where a defendant has caused a witness’s unavailability for trial.
Field Guide to Witness Intimidation
Witness intimidation affecting the criminal justice system can take many forms and arise in many contexts. Its presence and effects are not always self-evident, either to professionals working in the system or to the witnesses themselves. While overt threats may be easily recognized and categorized, other forms of intimidation may be subtle or disguised, or too easily overlooked in the course of responding to what has been identified as the primary criminal offense. This Field Guide to Witness Intimidation is intended to be a convenient reference to assist professionals in identifying acts of witness intimidation that may affect their work with victims and witnesses vulnerable to such pressures.
Integrating a Trauma-Informed Response
Short- and long-term reactions to trauma manifest in a variety of behaviors that may have an impact on a victim’s ability to participate in the criminal justice process. In order to keep victims safe and engaged throughout the process, allied professionals must ensure that their interaction with victims and their decision-making take into account the wide-ranging effects of trauma. This webinar addresses how to recognize the signs and symptoms of trauma following a crime of violence. The presenters discuss strategies for conducting thoughtful and effective victim interviews, collaborating with allied professionals to achieve a fully integrated trauma-informed approach, and explaining victim behavior at trial.
This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Higher Education: Dispelling Myths to More Effectively Prosecute Campus Rape
Research shows the vast majority of sex offenders are non-stranger rapists and serial offenders. These offenders are often overlooked because they benefit from the common misconceptions and false expectations about a rapist’s relationship to their victim and the frequency of their offending. To more effectively identify, investigate, and prosecute non-stranger rapists on campus, prosecutors must overcome common myths and misconceptions about sexual violence, especially if judges and juries believe them. This webinar provides a comprehensive overview of sex offenders with an emphasis on non-stranger rapists and focuses on strategies for overcoming the unique challenges these offenders present on campus.
This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
From Barriers to Solutions: Investigating and Prosecuting Human Trafficking
Human trafficking thrives in rural, suburban, and urban jurisdictions across the country because it is routinely undetected, overlooked, or misidentified. Further, a lack of coordination between the criminal justice system and community-based programs results in a lack of victim identification and offender accountability. This webinar recording highlights key findings from an Urban Institute/Northeastern University report: “Identifying Challenges to Improve the Investigation and Prosecution of State and Local Human Trafficking Cases.” The presenter offers solutions for enhancing victim identification and safety and increasing offender accountability through the effective investigation and prosecution of human trafficking cases.
This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Context is Everything: Battered Women Charged with Crimes
There are many dilemmas facing police, prosecutors, and allied professionals who deal with domestic violence, especially in cases where battered women have been charged with crimes. Mandatory arrest policies can lead to the arrest of victims exercising their right to self-defense or otherwise acting in response to the dynamics of the violent relationship. This webinar emphasizes the importance of contextual analysis in evaluating criminal responsibility at all stages of the criminal justice process. Such analysis will help to ensure that the dynamics of domestic violence are properly factored into decisions about arrest, charging, plea negotiations, and sentencing, and will enhance the quality of justice for those who have been victims of abuse.
This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
The Prosecutors’ Resource on Forfeiture by Wrongdoing
Forfeiture by wrongdoing is a longstanding exception to a defendant’s Sixth Amendment right to confront the witnesses against him. If a defendant causes a witness to be unavailable for trial through his wrongful acts, with the intention of preventing that witness from testifying, then the introduction of the witness’s prior testimonial statements is not barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution. This resource will review the origins and requirements of forfeiture by wrongdoing, examine its utility in domestic violence cases, outline trial strategies, and provide a checklist for hearings on forfeiture.
