This resource contains a statutory compilation and case law digest, including a summary of the foundational doctrine underlying forfeiture by wrongdoing. It also contains relevant federal case law.
Model Policy for Prosecutors and Judges on Imposing, Modifying and Lifting Criminal No Contact Orders
The goals of the criminal justice system in a domestic violence case are to seek justice, protect the victim and the community, hold the offender accountable, prevent and deter future crime, and rehabilitate the abuser. Criminal no-contact orders are an effective tool to help protect victims of domestic violence during the pendency of criminal prosecution. This resource outlines what a no-contact order is, how it is obtained, and the complexities around whether to impose or maintain them when taking the victim’s wishes and safety into account. The authors discuss how to implement processes to gather timely and accurate information about risk and lethality, a particular victim’s wishes and motivations, and possible negative consequences in order to best determine when to impose or maintain a no contact order in the face of a victim’s opposition.
Annotated Bibliography of Witness Intimidation Resources
This annotated bibliography compiles legal research, social science research, assessment, and best practices and policies for addressing witness intimidation. The first section reviews legal literature that analyzes the legal foundations of witness intimidation, including Supreme Court decisions, statutes, and relevant case law. The second section contains social science research on victims’ experiences of intimidation, as well as implementation of laws and policies to address the problem. The third section summarizes evaluative reports on witness intimidation dynamics in particular communities. The final section, contains best practices and policies to be implemented based on the assessment and research foundations described above.
Improving Witness Safety and Preventing Witness Intimidation in the Justice System – Benchmarks for Progress
The pervasive problem of victim/witness intimidation in the criminal justice system requires a strategy for change and firm commitments from leaders and practitioners alike. This resource includes tools for practitioners to use collaboratively within their communities. These tools provide criminal justice leaders with concrete guidance to implement best practices in preventing and responding to witness intimidation. The resource defines the problem, identifies concrete solutions, and outlines a process for assessing and improving witness safety.
Justice for Victims Behind Bars: Improving the Response to Cases of Sexual Abuse in Confinement
The passage of the Prison Rape Elimination Act (PREA) in 2003 created not only a requirement that jurisdictions prevent and respond to incidents of sexual abuse in confinement, but firmly planted sexual abuse in confinement on the list of critical issues for criminal justice system officials across the country. This resource gives an overview of the PREA standards and outlines what an appropriate response to cases of sexual abuse in confinement requires. Professionals require relevant information on the PREA Standards, an understanding of the dynamics of sexual abuse (particularly those dynamics specific to abuse in the confinement setting), and collaboration among the professionals in the jurisdiction. The criminal justice system should consider victims’ safety, privacy, and well-being throughout the process, while ensuring they have access to information and services. Such a response keeps the focus on the actions, behaviors, characteristics, and intent of the abuser.
Justice for Victims Behind Bars Improving the Response to Cases of Sexual Abuse in Confinement
Prosecuting Intimate Partner Violence and Animal Cruelty
While control of the victim is the ultimate goal of perpetrators of intimate partner violence, victims themselves are not the only targets of these tactics. Abusers may also threaten and commit acts of violence against the victim’s children, family members, and even their pets. This article discusses strategies for protecting victims of abuse and their pets and holding offenders accountable for their actions. The author encourages prosecutors and allied professionals to work together in a coordinated fashion to better identify, investigate, and prosecute acts of animal cruelty. A coordinated community response to co-occurring animal abuse and domestic violence, together with the effective use of strategies to permit successful prosecution in the absence of active participation by the victim, will promote the safety and well-being of victims and their pets while holding the offender accountable for the abuse of all victims in the household.
SIB_Issue_14_Prosecuting_Intimate_Partner_Violence_and_Animal_Cruelty
Evading Justice: The Pervasive Nature of Witness Intimidation
Acts of witness intimidation range from the crude to the complex and, when successful, evade the purview of the justice system, which allows the criminal behavior to continue unchecked. The pervasive nature of these crimes is devastating to victims and to community confidence in the justice system’s ability to keep victims safe and hold offenders accountable. Criminal justice professionals, community leaders, and researchers have declared witness intimidation a national concern and a challenge to the administration of justice. This article discusses how to recognize intimidation and reduce its impact on the criminal justice system through education, documentation and other preventive measures. The authors also offer effective investigation and prosecution strategies.
“I Hear You Knockin’ But You Can’t Come In [At Least While I’m Here]” Fernandez v. California: Third-Party Consent Search After Arrest of Objecting Suspect-Occupant
Does a suspect’s refusal of entry prevent the police from later, in the absence of the objecting occupant, obtaining the consent of an adult co-occupant to enter and search the premises without a warrant? In its recent decision in Fernandez v. California, the United States Supreme Court answered that question in the negative—at least where the police have, in good faith, removed the objecting suspect by arresting him or her. This article reviews the facts of the case, state court proceedings, the US Supreme Court’s opinion, and the gang connection and witness intimidation involved. The article ultimately concludes that the Fernandez decision will facilitate prompt and efficient evidence collection in many crimes involving domestic violence while simultaneously empowering victims to consent to reasonable investigative requests that will facilitate holding their abusers accountable.
Identifying, Investigating, and Prosecuting Witness Intimidation in Cases of Sexual Abuse in Confinement
Regardless of the setting in which it occurs, witness intimidation is a chronic problem with devastating implications for victims and for the prosecution of crimes. Victims of sexual abuse in confinement are especially vulnerable to intimidation because they typically have fewer opportunities to escape from (or even avoid) their abusers. This article identifies strategies for investigations and prosecutions that build trust in the criminal justice system and provide multiple, safe, and confidential points of entry for potential reporters. It also discusses victim and witness safety, retaliatory violence, verbal and physical intimidation, and financial and emotional manipulation. The author also examines the potential for intimidation and violence over the course of multiple cases and across time in a single case, as well as policies and protocols that promote effective prosecution of these cases.
AEquitas: Established to Promote Justice in Violence Against Women Prosecution
The criminal justice system is a critical resource for victims of sexual assault, domestic violence, stalking, and dating violence. As experienced prosecutors recognize, the concept of justice must also consider the victim’s safety, experience, and perspective. In order to provide the nation’s prosecutors with the support, information, training, mentorship, and resources necessary to objectively evaluate and constantly refine the prosecution of violence against women, several former prosecutors, a forensic nurse, and two national technical assistance providers created AEquitas: The Prosecutors’ Resource on Violence Against Women.
