Sandra T Murphy Legal Policy Advisor BWJP New Orleans LA July 2017 The Prosecutor and the Art of Victim Engagement Workshop Objectives Improve identification and assessment of various risks and barriers faced by IPV victims ID: 619508
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The Prosecutor and the Art of Victim Engagement
Sandra T. MurphyLegal Policy AdvisorBWJPNew Orleans, LAJuly 2017Slide2
The Prosecutor and the Art of Victim Engagement
Workshop Objectives
Improve identification and assessment of various risks and barriers faced by IPV victims
Build credibility of CJS and prosecutor office as effective resource for IPV victims
Utilize victim engagement as means to better assess and strengthen IPV cases
Effectuate individualized and effective case outcomes for victims and offenders based upon victim engagement efforts
© BWJP, 2017Slide3
The Prosecutor and the Art of Victim Engagement
What needs to change?
“victim nonparticipation is a self-fulfilling prophecy attributable to the actions of prosecutors, judges and defense attorneys”
-
Ford &
Ragoli (1993; 141) © BWJP, 2017Slide4
The Prosecutor and the Art of Victim Engagement
Engaging with victims
Conversations about risk, danger & lethality
Put factors into larger context of relationship
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The Prosecutor and the Art of Victim Engagement
Context of violence/coercion
Offender’s intent in use of tactic
Meaning of tactic to victim
Effect of tactic on victim
Who is doing what, to whom, with what impact?
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The Prosecutor and the Art of Victim Engagem
ent
Challenge for CJS Practitioners
Battering = physical violence
Miss other risks and challenges victim faces within relationship
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The Prosecutor and the Art of Victim Engagement
Context of Violence/Control
Must inform the interventions if CJS to provide a successful response
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Barriers to ParticipationSlide9
The Prosecutor and the Art of Victim Engagement
How Barriers Manifest in CJS:
Reluctance – Refusal – Recantation
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The Prosecutor and the Art of Victim Engagement
Risks/Dangers for Victims
Offender-generated
System-generated
Life-generated
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The Prosecutor and the Art of Victim Engagement
Engagement – Context - Intimidation
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RISKSlide12
The Prosecutor and the Art of Victim Engagement
Victim Engagement
Assess and strengthen case
Address
Crawford
caselawOther evidentiary issues
Forfeiture by wrongdoing (
Giles
)
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The Prosecutor and the Art of Victim Engagement
Strengthening the Case
Support non-testimonial argument
Bolster emergency standard argument
Identify other (non-gov’t) witnesses
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The Prosecutor and the Art of Victim Engagement
Other Evidentiary Uses
404(b) prior bad acts evidence
Identify and prepare for defenses
New crimes to charge
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The Prosecutor and the Art of Victim Engagement
Other Evidentiary Uses – Forfeiture by Wrongdoing
Elements
Victim is “unavailable”
Defendant made victim unavailable by some action
Defendant intended to keep victim from testifying
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The Prosecutor and the Art of Victim Engagement
Forfeiture by Wrongdoing
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The Prosecutor and the Art of Victim Engagement
Creating Effective Outcomes
Plea negotiations
Sentencing recommendations
Probation requirements
Status of NCO
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The Prosecutor and the Art of Victim Engagement
Conclusion
In-person meetings, early and often
Updates on
ALL
case eventsRegular check-insEncourage contact with local IPV program
Follow-through
© BWJP, 2017Slide19
The Prosecutor and the Art of Victim Engagement
© BWJP, 2017
Sandi Tibbetts Murphy
Legal Policy Advisor
smurphy@bwjp.org515/554-5501