This webinar addresses the potential impact of pandemic safety measures on criminal jury trials and strategies for protecting the integrity of the proceedings. Presenters discuss strategies for triaging delayed cases; considerations of constitutional rights, including the 6th amendment right to a speedy and public trial, the 6th amendment right to confrontation, and the 1st amendment freedom of the press; the use of juror questionnaires as a way to minimize potential exposure to COVID-19 during jury selection; and methods for adapting prosecution strategies to virtual platforms.
Opioids and Drug Delivery Resulting in Death
The opioid epidemic has devastated communities across the United States, resulting in hundreds of thousands of lives lost in the past two decades. In response, state and local prosecutors have taken a multifaceted approach to the crisis: diverting defendants with substance abuse issues from traditional prosecution, educating communities about the dangers of opioid addiction; and increasingly, seeking to hold drug traffickers and dealers accountable for the deaths they cause. This webinar will spotlight one office’s efforts to tackle the opioid crisis. Tonya Lupinacci of the Montgomery County District Attorney’s Office in Norristown, PA will discuss strategies that are broadly applicable to jurisdictions across the country, with a special emphasis on prosecuting Drug Delivery Resulting in Death and similar crimes. The session will focus on the evidence necessary for building these cases, theories of offender liability, and effective presentation of evidence at trial.
Overcoming the Consent Defense: Prosecuting Known Offenders
This presentation will address the challenges inherent in prosecuting known offenders and alcohol-facilitated sexual assault, with an emphasis on overcoming the consent defense. The presentation will examine offender characteristics, motivations, and behaviors as well as the impact of the offender’s actions on the victim. The presenter will suggest strategies for overcoming common misconceptions at trial, including the importance of establishing a compelling trial theme, introducing evidence of the defendant’s predatory behavior, presenting corroborating evidence to support witness credibility, and recreating the reality of the crime at trial.
Justice in the Time of COVID-19: Strategic Responses
Social distancing and quarantine measures in response to the COVID-19 pandemic have affected all aspects of our society, including the judicial system. While these public health measures are necessary to keep our communities safe and healthy, court closures and subsequent delays in case processing, as well as other social distancing measures, will require criminal justice professionals to adapt in order to continue holding offenders accountable while protecting their rights; meeting victim/witness needs; and maintaining public safety.
This panel discussion, featuring Nancy O’Malley, District Attorney of Alameda County, CA; Ed McCann, First Assistant District Attorney of Montgomery County, PA; and Sherry Boston, District Attorney of DeKalb County, GA, as well as AEquitas Attorney Advisors, will provide practical perspectives to help guide prosecutors and other criminal justice system actors through the broad scope of issues raised by COVID-19; current responses from prosecutor’s offices around the country; and logistical and legal strategies for ensuring justice while social distancing measures remain in place. Topics will include (but aren’t limited to) implications on constitutional and statutory rights; challenges in processing, collecting, and testing crucial evidence; jail overcrowding and requests for bail; and the continuity of victim/witness services.
Model Response to Sexual Violence for Prosecutors (RSVP) Appendices
Model Response to Sexual Violence for Prosecutors (RSVP) Volume I: An Invitation to Lead
The Prosecutors’ Resource on Sexual Violence Cases Involving Victims with Intellectual Disabilities
Reaching a Verdict: Guiding the Jury’s Response to the Evidence
After being thrust into an unfamiliar role in a complex system that is often equally unfamiliar, jurors in sexual assault cases face the daunting task of reaching a just verdict for a crime that is shrouded in misconceptions. In this foreign terrain, prosecutors serve as a trusted guide—pointing out familiar landmarks of personal experience and presenting witnesses and other evidence in a manner that makes them both understandable and relatable. By assisting jurors in forming personal connections to the evidence, the prosecutor can remove obstacles that might otherwise block the jury’s path to a just finding of guilt.
This presentation will discuss ways to focus the jury’s attention on the evidence in a manner that accurately conveys the reality of sexual assault and assists jurors in rendering a fair and just verdict—beginning with jury selection and continuing through opening statement, presentation of evidence, and summation.
Who Should View
Allied justice system professionals including but not limited to prosecutors, law enforcement officers, community-based service providers, medical and mental health practitioners, probation and parole officers, judges, etc. are encouraged to view this webinar recording.
CLE Credits
This one-hour webinar recording should qualify prosecutors for one (1.0) hour of continuing legal education credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Investigating and Prosecuting Trafficking in Illicit Massage Businesses: Part 3
This portion provides an overview of how trauma impacts victims of IMBs and discusses practical trauma-informed interviewing techniques that help us build rapport with victims, investigate crimes, and develop stronger victim narratives. The presenters discuss making appropriate charging decisions, litigating pretrial motions to protect victim privacy, establishing the elements of the charges with or without victim participation, and educating the jury through voir dire, expert testimony, and effective witness examinations.
Investigating and Prosecuting Trafficking in Illicit Massage Businesses: Part 2
This portion provides practical investigative strategies to build successful prosecutions of the owners, operators, and accomplices of IMBs. The presenters discuss enhancing investigations through partnerships with civil and criminal allied investigative agencies and service providers. They also provide an analytical framework for developing investigative strategies designed to identify and preserve evidence supporting a wide range of charges that can be prosecuted with or without victim participation.
