Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This article examines the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The issue discusses detailed strategy for prosecuting these cases, including investigation, dealing with gang involvement, and trial testimony.
Williams v. Illinois and Forensic Evidence – The Bleeding Edge of Crawford
The application of Crawford principles in the context of forensic evidence continues to plague the criminal justice system. The United States Supreme Court’s decision in Williams v. Illinois raises more questions than it answers about when and how an expert may testify to conclusions based upon the opinions or work of other (non-testifying) experts or technicians. This article reviews the relevant case law, and explores how trial prosecutors can present a case involving forensic testing conducted by a multitude of technicians and experts. It also addresses Williams’ impact on cold cases, in which original experts who performed autopsies and other forensic examinations and testing are no longer available for trial. The author provides practical suggestions to trial prosecutors who must balance limited resources against the need to secure convictions that will withstand confrontation challenges on appeal.
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The Prosecutors’ Resource on Crawford and its Progeny
There are many barriers to victims’ participation in the prosecution of their abusers. When prosecuting a domestic violence case with a non-participating victim (one who either is not in court, or who is in court but is unavailable by reason of refusal to testify, exercise of a privilege, illness, or incompetency) the prosecutor must anticipate a challenge under Crawford v. Washington to the introduction of the victim’s out-of-court statements. Crawford and its progeny are landmark cases that address the admissibility of out-of-court statements in light of an accused’s Sixth Amendment right to confrontation. This Resource focuses on interpretations of the Sixth Amendment’s Confrontation Clause under Crawford. The prosecutor must be aware, however, of the simultaneous need to satisfy state evidence rules concerning hearsay. This paper places Crawford in its historical context, presents a framework for analyzing admissibility of out-of-court statements under the Crawford rules, and provides resources, sample questions, and strategy suggestions to assist the prosecutor in satisfying the confrontation requirements under the Sixth Amendment.
The Prosecutors’ Resource on Witness Intimidation
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.
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.
Under the Radar: Prosecuting Intimate Partner Sexual Violence
The majority of sexual violence victims know their assailants, a fact that can greatly affect and complicate the reactions that victims experience during and after an assault. Intimate partner sexual violence usually co-occurs with other forms of physical and psychological violence and may indicate a greater lethality risk than with other victims of sexual violence. Criminal justice, advocacy, and health care professionals must consider these and other complexities as they seek to create a victim-centered response. This webinar describes the common dynamics, prevalence, perpetrators, and victims of intimate partner sexual assault, examines ways in which allied professionals may need to expand their practices to adequately and holistically care for these victims, and summarizes the legal issues relevant to the prosecution of intimate partner sexual violence.
This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Trial Strategies for the Prosecution of Sexual Abuse in Confinement
Trial strategies for sexual abuse in confinement cases require consistent and comprehensive approaches designed to keep the focus on offenders’ criminal behavior. Prosecutors need to work to overcome jury bias, contextualizing and explaining victim behavior, and developing a trial theme that recreates the reality of the crime and the unique venue in which it occurred. To achieve these goals, prosecutors must employ a victim-centered response, particularly when considering common victim behaviors encountered in sexual abuse cases, including delayed disclosure, minimization, recantation, and a hesitance or failure to participate in the investigation or prosecution of the offender. This webinar provides prosecutors with the tools they need to prosecute a case of sexual abuse in confinement by challenging participants to consider innovative strategies to overcome the barriers identified in various case-related scenarios. Participants should be better able to develop case-in-chief tactics, work with victims who recant or do not want to participate in the investigation or prosecution of their case, and combat common defenses.
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.
Sexual Abuse in Confinement – An Introduction for Prosecutors
Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This webinar provides an overview of the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The presenter discusses victim behaviors and the dynamics inherent to a correctional setting. It also focuses on offender tactics, including grooming, isolation, threats, concealment or destruction of evidence, intimidation, the use of allies, and other coercive tactics.
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.
