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.
Betraying the Badge: Officer-Involved Domestic Violence
Batterers who wear a badge can misuse their professional training and authority as weapons against their victims. Officers who are victims of intimate partner violence may be reluctant to identify as victims and may face negative professional consequences for reporting, or failing to report, the abuse. This webinar addresses: the complex dynamics of violence when one or both parties are in law enforcement; effective management of simultaneous administrative and criminal proceedings; provision of appropriate services for victims; and the mitigation of consequences for victim-officers who recant, fail to appear, or otherwise decline to participate.
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 Sexual Abuse in Confinement
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 resource 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 issue discusses detailed strategy for prosecuting these cases, including investigation, pretrial, jury selection, trial testimony and sentencing.
Witness Intimidation
We have developed two individual resources related to witness intimidation. One is a collection of state statutes that includes laws such as those expressly prohibiting witness intimidation, harassment, perjury, retaliation, bribery, false reporting,and tampering with witnesses or evidence.
The second is a compilation of case summaries provides insight into the dynamics and prosecution of witness intimidation, harassment, perjury, retaliation, bribery, false reporting,and tampering with witnesses or evidence.
