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The Prosecutor and the Art of Victim Engagement The Prosecutor and the Art of Victim Engagement

The Prosecutor and the Art of Victim Engagement - PowerPoint Presentation

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Uploaded On 2018-01-04

The Prosecutor and the Art of Victim Engagement - PPT Presentation

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

engagement victim art prosecutor victim engagement prosecutor art bwjp 2017 cjs ipv context victims case effective wrongdoing evidentiary barriers

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Slide1

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

© BWJP, 2017Slide5

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?

© BWJP, 2017Slide6

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

© BWJP, 2017Slide7

The Prosecutor and the Art of Victim Engagement

Context of Violence/Control

Must inform the interventions if CJS to provide a successful response

© BWJP, 2017Slide8

Barriers to ParticipationSlide9

The Prosecutor and the Art of Victim Engagement

How Barriers Manifest in CJS:

Reluctance – Refusal – Recantation

© BWJP, 2017Slide10

The Prosecutor and the Art of Victim Engagement

Risks/Dangers for Victims

Offender-generated

System-generated

Life-generated

© BWJP, 2017Slide11

The Prosecutor and the Art of Victim Engagement

Engagement – Context - Intimidation

© BWJP, 2017

RISKSlide12

The Prosecutor and the Art of Victim Engagement

Victim Engagement

Assess and strengthen case

Address

Crawford

caselawOther evidentiary issues

Forfeiture by wrongdoing (

Giles

)

© BWJP, 2017Slide13

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

© BWJP, 2017Slide14

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

© BWJP, 2017Slide15

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

© BWJP, 2017Slide16

The Prosecutor and the Art of Victim Engagement

Forfeiture by Wrongdoing

© BWJP, 2017Slide17

The Prosecutor and the Art of Victim Engagement

Creating Effective Outcomes

Plea negotiations

Sentencing recommendations

Probation requirements

Status of NCO

© BWJP, 2017Slide18

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