A Guide for Effective Issuance & Enforcement of Protection Orders
"This publication, also known as the Burgundy Book, was developed to give communities and professionals precise tools and strategies they can implement to broaden the effectiveness of protection orders, both from a practical standpoint and from a philosophical perspective. This guide is intended for advocates, civil attorneys, courts and judiciary, law enforcement and prosecutors."
A Passport to Safety: Full Faith and Credit, A Judge's Guide
This publication is also known as "Passport to Safety" and is designed to facilitate the efforts of states, tribes, and territories to implement Full Faith & Credit Provisions of the Violence Against Women Act (VAWA). Since its initial printing in 1999, VAWA has been amended twice - once in 2000 and again in 2005. This version reflects the 2005 amendments and expands "Passport to Safety" from its original issuing and enforcing benchcards to include two new subject-area cards: one on firearms and one on custody, visitation, and support provisions within protection orders.
A Prosecutor's Reference: Medical Evidence and the Role of Sexual Assault Nurse Examiners in Cases Involving Adult Victims (PDF)
This publication serves as a handbook to prosecutors working with medical evidence and Sexual Assault Nurse Examiners (SANE) in cases of violence against adult victims. When the SANE examination takes on a more investigation-centered approach, it is often because of the belief that such a practice philosophy will result in more effective investigations and prosecutions of sexual assault cases. This is not a finding supported by recent research. This monograph provides prosecutors with an understanding of how SANEs focused on patient care and appropriate support services and referrals, rather than a specific investigative agenda can positively impact victim engagement in the criminal prosecution of their perpetrator. A glossary of commonly used terms used in medical examination reports is also included.
A Report from the 2003 Domestic Violence Safety and Accountability Audit: Prosecution Response to Misdemeanor Domestic Violence Cases Jackson County, Oregon
"The audit in Jackson County was conceived to examine the response to domestic violence by the misdemeanor prosecution element of its criminal justice system. This report includes findings of the audit team and the consultant, within the context of accepted best practices; and recommendations of the audit team and the consultant, that the Jackson County Council Against Domestic and Sexual Violence, Community Works, and the Jackson County District Attorney’s Office can work together to implement in the months ahead."
A Victim-Centered Approach To Domestic Violence Against Native Women
"This resource guide was developed to provide a starting point for drafting or revising tribal laws on domestic violence. It is written with a philosophy that tribal laws should reflect tribal values."
Addressing Domestic Violence in Indian Country
This manual examines the reasons behind the presence of domestic and sexual violence in Native communities by looking at its historical origins and how to address it in the community.
Assessing Justice System Response To Violence Against Women: A Tool for Law Enforcement, Prosecution, and Courts
This document contains an assessment tool for jurisdictions to use in developing effective responses by law enforcement, prosecution, and the courts.
Assessing Justice System Response To Violence Against Women
This is the second installment on this website from the STOP-TA Project's Promising Practices Initiative. The document contains profiles of 17 non-profit victim advocacy organizations around the nation. The profiles highlight innovative outreach and service delivery strategies that address the needs of victims of sexual assault, stalking and domestic violence.
Assisting Immigrant Victims of Domestic Violence Prosecutor's Guide (PDF)
"This guide is intended to give a brief overview of the issues prosecutors should consider when handling cases involving immigrant victims. The guide explores relevant laws, challenges immigrant crime victims face in navigating the justice system, and identifies how prosecutors can most effectively proceed with cases involving immigrant crime victims."
Assisting Survivors of Domestic Violence in Applying for Housing
This Manual was created for advocates and attorneys working with survivors of domestic violence who are applying for housing. Efforts to help survivors find housing are crucial, as housing instability is a major obstacle for survivors who are seeking to end abusive relationships or to avoid returning to their abusers. The Manual provides background information and sample documents that can be used to advocate on behalf of survivors who are seeking housing. The goal of this Manual is to make housing issues more accessible and easily understandable to advocates, regardless of their prior knowledge of housing law.
Assisting Survivors With Housing Issues (PDF)
This document provides information on issues relating to domestic violence and housing. These issues range from termination of a lease to transferring to another housing unit. Legal court cases are cited to provide information on victim's rights on this issue.
Best Practices For Lawyers Assisting Pro Se Victims of Domestic Violence, Sexual Assault, and Stalking With Civil Protection Cases (PDF)
These guidelines are intended to reflect the best national practices that may be used by civil lawyers who provide no-cost assistance to pro se victims of domestic violence, sexual assault and stalking in civil protection order cases. This manual will assist practitioners in planning and implementing a Pro Se Project (PSP) in a collaborative, cost-effective, and ethical manner. Through the use of a PSP, lawyers can provide legal guidance to victims who cannot, or will not, obtain full legal representation, thus mitigating the unmet legal needs of victims of violence in the community. Effective PSP legal services will build public confidence in a just and fair legal system by working to promote safety for victims of domestic violence, sexual assault and stalking, and accountability for abusers.
Child Support Protocol: A Guide for Integrated Domestic Violence Courts
A best practices guide for legal professionals who oversee integrated domestic violence court cases involving child custody issues.
Civil Protection Orders: A Guide for Improving Practice (CPO Guide)
NCJFCJ's Family Violence Department, in partnership with OVW, developed Civil Protection Orders: A Guide for Improving Practice (CPO Guide) as a tool designed to support the work of professional dedicated to enhancing the effectiveness of the civil protection order process. It provides guidance for advocates, attorneys, judges, law enforcement personnel, and prosecutors to help ensure that protection orders are effectively issued, served, and enforced across the country.
Collaborating to Help Trafficking Survivors: Emerging Issues and Practice Pointers
This manual is for those committed to assisting trafficking survivors, especially sexual assault and domestic violence advocates and their allies in the criminal and legal systems who have basic knowledge of the trafficking assistance process.
Community Corrections Response To Domestic Violence: Guidelines For Practice (PDF)
"This document provides a series of guidelines for community corrections professionals that support a proactive community supervision approach for domestic violence cases. It pulls together in one place for community corrections professionals and allied justice system and community-based services the conceptual information and practical tools to develop or enhance effective programs."
Community-Based Analysis of the U.S. Legal System's Intervention in Domestic Abuse Cases Involving Indigenous Women (PDF)
"This is a report about institutional processes within the U.S. legal system and their impact on the lives of Indigenous women who are battered."
Comprehensive Issue Spotting: A Tool for Civil Attorneys Representing Victims of Domestic & Dating Violence, Sexual Assault & Stalking
This is a client-centered tool for civil attorneys new to representing victims of domestic and dating violence, sexual assault, and stalking to provide comprehensive representation and advocacy for their clients. This tool is not an intake sheet or a broad referral list, but should be used in conjunction with those items to facilitate effective and holistic client centered representation. This tool does not comprehensively address the specific needs of tribal communities.
Creative Civil Remedies Against Non-Indian Offenders in Indian Country (PDF)
"This report explores ways in which tribes can work within current jurisdictional limitations to impose significant, meaningful, and effective deterrents and consequences for non-Indian offenders."
Criminal Domestic Violence Case Processing: A Case Study of the Five Boroughs of New York City (PDF)
A study of the five boroughs of New York City in which domestic violence criminal case processing exist. The study seeks to establish what the policies and practices of the domestic violence courts are, to understand their underlying rationale, and to learn what the stakeholders perceive as their strengths and weaknesses.
DNA Evidence: Enhancing Law Enforcement’s Impact From Crime Scene to Courtroom and Beyond (PDF)
"This report attempts to capture the issues and concerns identified and the recommendations related to crime victims, DNA evidence, and the criminal justice system that emerged from the sharing of so many varied perspectives."
Does My Client Need An I-192? U Visas and Inadmissibility Issues - Power Point (PDF)
This power point is intended to help advocates and attorneys know when their client needs the I-192, how to prepare the package on U visa cases and potential challenges and how to address them.
Domestic Violence and the Fair Housing Act: A Toolkit for Grantees (PDF)
The National Housing Law Project has created the attached advocate toolkit outlining how the Fair Housing Act can help survivors of domestic violence obtain and maintain housing. The toolkit is designed to provide advocates with an overview of the FHA and strategies that advocates have used to bring fair housing claims on behalf of survivors of domestic violence.
Domestic Violence Civil Protection Orders (CPOs) By State (PDF)
A chart that lists domestic violence civil protection orders (CPOs) by state.
Domestic Violence Safety and Accountability Audit: Findings and Recommendations for Prosecution and Probation Responses in Bellingham-Whatcom County (PDF)
This safety audit explored how prosecution and probation respond to the complexities and risk for safety for all victims of domestic violence in the City of Bellingham and Whatcom County. The report identified gaps between what victims experience and need and what the institutions provide. Findings and recommendations for closing the gaps are provided.
Domestic Violence, Sexual Assault & Stalking Prevention and Intervention in Rural Native American Communities: Training, Research and Education Programs
A comprehensive training manual for rural Native American communities addressing domestic violence, sexual assault and stalking through training, research and educational programming. Note: This document provides a general overview. When developing a plan for your community, look to your own tribal codes and state and federal laws concerning confidentiality and explore methods which can be used in the civil or criminal justice arenas which would enhance victim safety.
El Paso County, Colorado Institutional Safety and Accountability Audit Report: A Project of the El Paso County Greenbook Project (PDF)
This report explores adult/child victim safety and offender accountability efforts in the criminal justice response. The goal of this audit was to strategize ways to improve the safety and well being of adult/child victims, enhance offender accountability, and create a system of accountability for the agencies that respond to domestic violence.
Employment Rights for Victims of Domestic Violence
Legal Momentum uses targeted litigation, legislative advocacy, and training to protect victims from employment discrimination and to help employers and unions understand how they can assist victims keep their jobs and stay safe. This website provides survivors, attorneys or advocates, and employers with information on the employment rights of victims of domestic violence.
Enforcing Domestic Violence Firearm Prohibitions: A Report on Promising Practices (PDF)
"This report highlights promising practices currently employed around the United States and in tribal jurisdictions that represent innovative approaches to enforcing domestic violence firearm prohibitions. It provides brief descriptions of programs that are located primarily in law enforcement agencies, prosecutors’ offices, courts, and probation departments."
Ensuring Forensic Medical Exams for All Sexual Assault Victims: A Toolkit for States and Territories
This "toolkit is designed to help states and territories address compliance with federal statute to ensure that victims of sexual assault can get a forensic medical exam free of charge or with full reimbursement regardless of whether they report the crime to police or otherwise cooperate with the criminal justice system."
Federal Interstate Stalking Law
Provides definitions and interpretations of the Federal Interstate Stalking Law.
Full Faith and Credit Enabling Legislation and Registry Information
The following document provides information about individual states' laws and policies regarding restraining orders, the registration thereof and reciprocity between states. Registry information is also provided for the District of Columbia.
Full Faith and Credit Implementation: Challenges and Solutions
This chapter identifies some of the stumbling blocks to implementation of full faith and credit, including xenophobia, reluctance to change, and procedure-driven traditions of law enforcement. It offers an outline for a problem-solving approach.
Housing Rights of Survivors with Disabilities (PDF)
"Common housing issues that survivors with disabilities face; housing rights and protections available for survivors with disabilities; and using reasonable accommodation laws to advocate for survivors’ housing needs."
Human Trafficking and the T-visa (PDF)
This document provides an overview of human trafficking and the T-visa.
Intimate Partner Violence Victims Charged with Crimes: Justice and Accountability for Victims of Battering who use Violence Against their Batterers (PDF)
Prosecutorial challenges often arise when a victim of battering is charged with a crime against their abuser. Not only must prosecutors find ways of identifying such cases, they must then determine whether these cases will be handled just like any other case or whether they deserve special consideration. Prosecutors have been taught to take all domestic violence cases seriously, which has historically meant filing charges, obtaining convictions, and achieving uniform sentences for all “domestic violence offenders.” Justice and accountability in domestic violence cases, however, may require prosecutors to treat certain cases and individuals differently based on factors that extend beyond the immediate facts of a criminal incident. The practical challenge is for prosecutors to employ this level of analysis with often little guidance, limited information in their case files, and even more limited resources. This publication focuses on cases involving victims of battering charged with crimes committed against their abusers. These cases are particularly challenging to prosecutors because they usually involve prosecuting someone who is actually the victim of the complaining witness’s ongoing abuse. While there may be enough evidence to go forward with these cases, it may not always be the most just or safe decision.
Introducing Expert Testimony to Explain Victim Behavior in Sexual and Domestic Violence Prosecutions (PDF)
"This monograph sets forth recommended practices for addressing victims behavior in a sexual or domestic violence prosecution, and providing an accurate context in which a jury can evaluate a victim's behavior."
Judicial Oversight Demonstration Initiative
Provides an overview of the Judicial Oversight Demonstration Initiative and a summary of each of its three demonstration sites.
Key Provisions of UCCJA, PKPA, UCCJEA, & ICWA and Improvements Made by the UCCJEA for Battered Women (PDF)
This document provides a flow chart of various child custody laws in the United States, with a special focus on state and tribal court jurisdictions.
La Crosse County Domestic Violence Safety and Accountability Audit Phase 2: Post-Arrest through Prosecution, Findings and Recommendations, 2007 (PDF)
"The La Crosse County Safety Audit explored how post-arrest and prosecution responses to domestic violence cases in La Crosse County enhance or diminish victim safety and batterer accountability. This report sums up the audit and identifies gaps to address in the ongoing intervention in domestic violence in La Crosse County. Findings and recommendations are also provided."
La Violencia Sexual En Contra de Trabajadores Agricolas: Un Manual Para Los Proveedores de Servicios Legales (PDF)
El objetivo de este manual es aumentar el conocimiento y habilidades de los proveedores legales para que puedan servir mejor a los campesinos quienes han experimentado violencia sexual. Este manual provee explicaciones útiles sobre la vida y trabajo de los campesinos, así como asuntos únicos que impactan los servicios que usted provee. Cada sección presenta un tema definido, y termina con preguntas diseñadas para comprometerlo a asistir mejor a las víctimas de violencia sexual en su comunidad.
List of Extreme Hardship Factors for U Visa Cases (PDF)
This is a comparative list of possible factors that will be considered in making the extreme hardship determination for the U Visa.
Model Policy for Prosecutors and Judges on Imposing, Modifying and Lifting Criminal No Contact Orders (PDF)
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 for his crimes, 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. Such no contact orders are designed to prevent individuals who have been arrested for domestic violence from contacting the victim and they are commonly used as restrictions placed on defendants prior to the final case disposition. No contact orders are intended to protect the victim, victim’s family, and the community. Such orders are imposed sua sponte by the court or upon request of the prosecution and are increasingly viewed as an appropriate response to criminal domestic violence. The filing of criminal charges and issues of criminal no contact orders alone, however, do not keep victims safe and require prosecutors and judges to consider various factors, in addition to the wishes of a particular victim, when determining whether to impose or maintain a criminal no contact order or release condition. Participants in the criminal justice system must understand the competing factors that make these decisions so important, including a victim’s wishes. This publication provides prosecutors and judges with strategies to maximize victim safety and offender accountability, while minimizing the potential collateral consequences to a victim. This publication encourages prosecutors and judges to develop and implement a process 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.
Penalties for Interstate Stalking, Interstate Domestic Violence, Interstate Violation of A Protection Order
Descriptions of statutes and penalties for violations.
Planning and Conducting a Best-Practice Assessment of Community Response to Domestic Violence Criminal Justice System Response: Emergency Communications (911) & Police Patrol (PDF)
This best-practice assessment guide has been designed to assist emergency communications (911), police patrol services, and CCRs in answering such questions. This guide draws on the accumulated experience of many communities, particularly those that have completed a Safety and Accountability Audit (Safety Audit) of 911 and patrol responses over the last fifteen years. It reflects an analysis of criminal justice system reforms related to domestic violence and the sometimes unintended negative consequences of those reforms. It distills that information into specific guidelines for practice in the crucial first steps in the criminal justice system’s response to domestic violence–related crimes: 911 calls and the on-scene patrol response.
Planning and Conducting a Best-Practice Assessment of Community Response to Domestic Violence Criminal Justice System Response: Police Follow-up Investigations & Prosecution Charging Decisions (PDF)
This best-practice assessment guide has been designed to assist police investigators, prosecutors, and CCRs. It reflects an analysis of criminal justice system reforms related to domestic violence and the sometimes unintended negative consequences of those reforms. It distills that information into specific guidelines for practice in the crucial follow-up and charging phase following the criminal justice system’s initial response to domestic violence–related crimes.
Practitioner Perspectives: Deirdre Keys, Stalking Program Coordinator, Battered Woman’s Legal Advocacy Project (PDF)
The Practitioner Perspectives series highlights promising responses to stalking across the United States. The Battered Woman’s Legal Advocacy Project’s Stalking Response Program is a state-wide resource for stalking victims based in Minneapolis, Minnesota. Stalking Program Coordinator Deirdre Keys directs the program, holding information sessions and training for multidisciplinary audiences, and providing victim services to address the issue of stalking. Formerly at Cornerstone Advocacy Service, the Stalking Response Program recently created a stalking protocol for law enforcement, prosecutors, and direct service providers for the state of Minnesota.
Practitioner Perspectives: Rachel Solov, Deputy District Attorney, San Diego County District Attorney‘s Office, Sex Crimes & Stalking Unit (PDF)
The Practitioner Perspectives series highlights promising responses to stalking across the United States. Rachel Solov is currently the designated Stalking and Threat Assessment Expert in the North County Branch of the San Diego District Attorney’s Office and Association President of the Association of Threat Assessment Professionals (ATAP). ATAP is a multi-disciplinary group that is dedicated to training and research in the field of threat/violence assessment and management.
Prosecuting Alcohol-Facilitated Sexual Assault (PDF)
"This monograph discusses the prosecution of AFSA with a specific focus on AFSA when the victim is voluntarily intoxicated. It begins with a basic overview of toxicology. Next, it suggests a three-step process for prosecuting AFSA cases: (1) making the charging decision; (2) analyzing credibility and corroboration; and (3) trying the case. Finally, the monograph provides techniques for overcoming common defenses."
Prosecution Diversion in Domestic Violence: Issues and Context (PDF)
This paper examines the issues surrounding prosecution diversion and the context for reconsidering its role and related cautions in promoting victim safety and offender accountability in cases involving domestic violence.
Prosecutor Sexual Assault Protocol
"This guide focuses on the development of an internal protocol for use by tribal prosecutors."
Report of the Henry County, Ohio, Child Custody and Domestic Violence Safety and Accountability Audit
A Safety Audit asks how something comes about and looks at institutional processes, not individual job performance. The constant focal point is the gap between what people experience and need and what institutions provide. This summary provides an overview of the Henry County Safety Audit’s key findings and recommendations related to domestic violence and decisions regarding child custody and parental access. The full report includes a detailed analysis and discussion of each gap and a description of the Safety Audit approach to studying community systems and institutions. While certain aspects of case processing and interventions related to domestic violence and child custody are distinctly local, what happens in Henry County or any other community occurs within state laws and rules, as well as within structures and theories characteristic of the United States’ legal system and professional discourses about children, mothers, fathers, divorce, and domestic violence. The Henry County Safety Audit has raised questions and issues that are common to all jurisdictions and the disciplines and institutional processes that shape responses to domestic violence and child custody.
Resource Guide for Advocates & Attorneys on Interpretation Services for Domestic Violence Victims (PDF)
"These guidelines from the Interpretation Technical Assistance and Resource Center focus on court interpretation for domestic and sexual violence victims with limited English proficiency. This national project is an opportunity to build effective systems through collaboration and political will, identify and address problems early on, and be guided by clear strategies. Resource Guide for Advocates & Attorneys on Interpretation Services for Domestic Violence Victims informs how advocacy, interpretation, and language access can be integrated."
Safety and Accountability: The Underpinnings of a Just Justice System
This paper first briefly describes domestic violence. It then discusses the constructs of safety and accountability. Finally it examines how court administration and the judiciary might fully respond to these underpinings of justice for adult and child victims of domestic violence.
Sample Advocacy Materials: Housing Rights & Remedies for Sexual Assault Victims (PDF)
Sample letter for assisting sexual assault victims who need to break their leases and examples of complaints to demonstrate how laws can be used.
Sexual Assault Civil Protection Orders by State (PDF)
A chart that lists sexual assault civil protection orders (CPOs) by state.
Sexual Violence Against Farmworkers: A Guidebook for Legal Providers (PDF)
The goal of this guidebook is to increase the knowledge and skills of legal professionals so that you can better serve farmworkers who have experienced sexual violence. It provides helpful explanations about the life and work of farmworkers as well as unique issues that may impact the services you provide. Each section presents a distinct topic, concluding with questions designed to engage you in better assisting farmworker victims of sexual violence in your community.
Specialized Criminal Domestic Violence Courts
National Center for State Courts surveyed courts by mail in 1998 and received approximately 200 responses indicating that the court had some type of specialized procedures for domestic violence cases. This article provides a basic overview of issues involved in the specialization of criminal domestic courts.
Standards of Practice for Lawyers Representing Victims of Domestic Violence, Sexual Assault and Stalking in Civil Protection Order Cases (PDF)
"These Standards are presented as aspirational guidelines for the operation of legal service providers, pro bono legal service providers, and individual lawyers representing victims of domestic violence, sexual assault and stalking in civil protection order cases."
STRATEGIES In Brief Issue #10: Protecting the Victim's Privacy: United States v. Morris (PDF)
This In Brief provides an overview of United States v. Morris, a discussion on introducing expert testimony to explain victim behavior, and a discussion on protecting the privacy interests of victims.
STRATEGIES In Brief Issue #11: Stalking: Effective Strategies for Prosecutors
Allied criminal justice professionals and others with expertise in detecting and responding to stalking crimes understand the intense anxiety suffered by stalking victims and the link between stalking and other violent crimes, including arson, burglary, physical assault, and homicide. Unfortunately, despite growing public awareness of the prevalence of stalking and the dangerousness posed by stalkers, there remains a lack of information and knowledge of how to identify and respond to stalking techniques that are growing with technological advances and emboldened perpetrators. Further, victims still report that the criminal justice system minimizes –or deprioritizes--stalking-related crimes when they are reported. Prosecutors and other allied professionals can employ several strategies to improve their response to these crimes. This article includes three key strategies for successful investigations and prosecutions.
STRATEGIES In Brief Issue #12: Making it Stick: Protecting the Record for Appeal (PDF)
Obtaining a conviction in a sexual assault or domestic violence case is usually a hard-won victory, whether by guilty plea or by trial. Having finally achieved a measure of justice in such a case, the last thing the prosecutor wants is to be forced back to the drawing board to re-try (or to re-negotiate) the case due to reversal on appeal. During the months or years it takes for a case to wend its way through the appellate process, evidence loses its freshness, memories fade, and witnesses who were cooperative during the initial proceedings may now be difficult to locate or reluctant to testify a second time. A reversal on appeal can be devastating to the victim, who may have been progressing in her recovery not only from the act of violence itself, but from the stress and uncertainty that accompany the criminal trial process.
STRATEGIES In Brief Issue #1: And Then There Was One: A Recent Minnesota Supreme Court Decision Has Left Pennsylvania as the Only State That Disallows Expert Testimony to Explain Victim Behavior (PDF)
On March 24, 2011, the Minnesota Supreme Court clarified that in sexual assault cases, the prosecution can admit expert opinion testimony to explain the typicality of delayed reporting, lack of physical injuries and the reasons therefore, and passive resistance by victims during the attack. The prosecutors in State v. Obeta, did a skillful job of creating a strong trial court record that inevitable led the Minnesota Supreme Court to logically conclude that expert testimony is admissible and necessary to explain common victim behavior in sexual assault cases. This case note will explain the holding in Obeta and outline the prosecution's successful strategy to bring Minnesota in line with almost every other American jurisdiction to permit the admissibility of expert testimony to explain c0ommon victim behaviors in sexual assault cases.
STRATEGIES In Brief Issue #2: Understanding the U.S. Supreme Court's Decision on Post-Trial DNA Testing in Osborne (PDF)
In District Attorney v. Osborne, 128 S.Ct.2308 (June 19, 2009), the United States Supreme court held that criminal defendants do not have a federal due process right to post-trial DNA testing.There are many valid reasons why these tests should not be done in Osborne's case, and why the Supreme Court's decision to deny the existence of a federal due process right to post-trial DNA testing--a position supported by the U.S. Department of Justice--was a victory for victims and for prosecutors. To fully understand the decision, however, a review of the facts and case is necessary.
STRATEGIES In Brief Issue #3: Supreme Court Clarifies Miranda (PDF)
On February 24, 2010, the United States Supreme Court decided Maryland v. Shatzer, 559 U.S.___(2010), in which it reinstated a defendant's child sexual abuse conviction and announced a new rule that permits the police to resume questioning of suspects who invoke their rights to remain silent after 14 days pass after they are released from police custody. This in-brief provides information on facts and holding related to the courts opinion.
STRATEGIES In Brief Issue #4: Miranda Under the Microscope Again (PDF)
On June 1, 2010, the United States Supreme Court rendered its opinion in Berghuis, Warden v. Thompkins, 560 U.S.___(2010), a case involving an individual's waiver of his right to remain silent pursuant to Miranda v Arizona. The Court held that after properly administering the Miranda warning, police did not need an express or implied waiver of rights before they interrogated the suspect and that the suspect in this case failed to clearly invoke his right to remain silent by simply remaining mostly silent during the interrogation. This In-Brief covers facts, the decision, and the impact of the courts opinion.
STRATEGIES In Brief Issue #5: Understanding Anogenital Injury in Adult Sexual Assault Cases (PDF)
Anogenital injury is often seen as the ultimate evidence in sexual assault cases. However, the reality is that anogenital injury evidence has significant limitations. Specifically, in the vast majority of cases we are limited in our ability to distinguish between injuries resulting from a sexual assault and those sustained during consensual sexual activity.Understanding the emerging research on consensual sexual activity injury can therefore help us provide more accurate information to attorneys, judges, and juries in adult sexual assault cases. This In-Brief discusses research on injury rates, sexual assault versus consensual sex, other uses of injury evidence, and using evidence for prosecution.
STRATEGIES In Brief Issue #6: Supreme Court Continues to Expand the Sixth Amendment Confrontation Clause: Bullcoming v. New Mexico (PDF)
On June 23, 2011, the Supreme Court decided Bullcoming v. New Mexico, 131 S.Ct. 2705 (2011), in which it held that the Confrontation Clause prohibits the prosecution from introducing a forensic laboratory report through the testimony of an analyst who did not sign the certification or personally perform or observe the testing. The opinion follows the Crawford v. Washington line of cases that have interpreted the Sixth Amendment to the United States Constitution's Confrontation Clause to require confrontation of testimonial out-of-court statements. Bullcoming was decided after Melendez-Diaz v. Massachusetts, and follows closely the holding in that case, which prohibited the introduction of a laboratory drug analysis affidavit without the in-court testimony of the laboratory technician or analyst who certified the report. This In-Brief provides information on the case facts, holding, and the impact of the courts opinion.
STRATEGIES In Brief Issue #7: Benefits of a Coordinated Community Response to Sexual Violence (PDF)
This In-Brief discusses the benefits of a coordinated community response to sexual violence.
STRATEGIES In Brief Issue #8: The Benefits of Specialized Prosecution Units in Domestic and Sexual Violence Cases (PDF)
This In-Brief explores the benefits of specialized prosecution units in domestic and sexual violence cases by looking at collaboration with allied partners and the process-oriented approach, concentrated trial experience, focused training, and vicarious trauma.
STRATEGIES In Brief Issue #9: Supreme Court Clarifies the "Ongoing Emergency" in Michigan v. Bryant (PDF)
This In Brief discusses the facts and the decision of the US Supreme Court case Michigan v. Bryant. The authors then discuss the importance of this case in provided criminal justice practitioners with guidance on what constitutes an ongoing emergency and how this impacts domestic violence ans sexual assault cases.
STRATEGIES Newsletter Issue #1: AEquitas: Established to Promote Justice in Violence Against Women Prosecution (PDF)
Issues of the AEquitas newsletter, STRATEGIES: The Prosecutors' Newsletter on Violence Against Women, will address specific substantive topics in the area of violence against women prosecution, discuss emerging issues faced by prosecutors and allied professionals, and present effective practices to overcome these obstacles. This issue provides an introduction to the work of AEquitas and their mission.
STRATEGIES Newsletter Issue #2: Educating Juries in Sexual Assault Cases Part I: Using Voir Dire to Eliminate Jury Bias (PDF)
This article is the first in a series that will explain strategies to educate juries about sexual violence facts and overcome common misconceptions. In addition to providing data-driven information about sexual assault based on research, journal articles, and authoritative publications, this article will suggests ideas to improve jury selection techniques.
STRATEGIES Newsletter Issue #3: Domestic Violence and Firearms: A Deadly Combination (PDF)
Issues of the AEquitas newsletter, STRATEGIES: The Prosecutors' Newsletter on Violence Against Women, will address specific substantive topics in the area of violence against women prosecution, discuss emerging issues faced by prosecutors and allied professionals, and present effective practices to overcome these obstacles.
STRATEGIES Newsletter Issue #4: Protecting Children of Domestic Violence Victims with Criminal No-Contact Orders (PDF)
Domestic violence has multiple, seriously detrimental effects on children whether they are directly abused, the indirect target of violence, or exposed to domestic violence in the home. Research indicates that 80 to 90 percent of children living in homes where domestic violence occurs are aware of the violence. In fact, studies demonstrate that in 30 to 60 percent of cases where a male partner is violent towards his spouse, children are also direct victims of physical or sexual violence. Approximately three to ten million children are exposed to some form of domestic violence annually. Despite widespread acceptance of the growing body of evidence that domestic violence committed against adults is detrimental to children, courts frequently fail to identify and consider the impact of domestic violence on the safety and well being of children. Courts often do not provide adequate safety protections in court orders, even where a history of substantiated violence is known to exist…
STRATEGIES Newsletter Issue #5: 10 Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member (PDF)
Despite the volume of research and literature addressing sexual abuse perpetrated against a child by a family member, individuals inside and outside of the criminal justice system continue to misperceive common dynamics, misunderstand victim behavior and minimize offender dangerousness. Judges and juries unfamiliar with the dynamics of sexual assault may overlook offenders' grooming tactics or misperceive common victim reactions to abuse as evidence of the victim's lack of credibility. Prosecutors handling these cases face unique challenges. The following 10 strategies will help prosecutors prepare and litigate cases of sexual abuse against a child by a family member.
Teach Your Students Well: Incorporating Domestic Violence into Law School Curricula, A Law School Report (PDF)
"This report documents important curricular developments in American legal education: the integration of domestic violence into the law school curriculum."
Testifying About Lethality Risk Factors
This document provides information about "lethality risk factors, which are helpful in assessing the batterer’s potential to kill or cause death."
Testifying About Self-Defense and Pre-Dominant Aggressors
This document provides information about "expert witness testimonies that can help the judge or jury understand the dynamics of domestic violence so that they can make informed, appropriate decisions in cases involving a victim’s use of self-defense or in cases where there is a question as to which party was the predominant aggressor."
The Full Faith and Credit Project
An overview of the Full Faith and Credit Project, including their history, mission, and plans for the future. Updated June 2000.
The Greenbook Initiative: Lessons Learned from the Domestic Violence Community
"Video interviews with five of the demonstration sites to highlight some of the lessons learned and common themes that emerged over the course of the initiative."
The Impact of Parental Kidnapping Laws and Practice on Domestic Violence Survivors
This report demonstrates how parental kidnapping laws effect domestic violence survivors.
The Role of the Sexual Assault Nurse Examiner in the Prosecution of Domestic Violence Cases (PDF)
"This document examines the basic components of the domestic violence medico-legal examination; the potential for using findings from the medico-legal examination in prosecutions; and the role of the prosecutor and other Sexual Assault Response Team (SART) members in expanding forensic nursing programs to include care of the domestic violence victim."
The Use of Expert Witnesses in Cases Involving Sexual Assault
This Violence Against Women Online Resources commissioned document summarizes the existing knowledge on the use of expert witnesses in cases involving sexual assault. The author uses both published literature and contributions provided by numerous experts in the field to discuss the use of expert testimony, the general dynamics of sexual assault, and common reactions of victims in the prosecution of criminal sexual assault cases. Specific information on who, what, when and how to use expert witnesses, along with the effects of expert witnesses on jurors is provided.
Toolkit to End Violence Against Women (PDF)
To provide concrete guidance to communities, policy leaders, and individuals engaged in activities to end violence against women developed the Toolkit To End Violence Against Women. The recommendations contained in the Toolkit were reviewed by numerous experts in the fields of sexual assault, domestic violence, and stalking. Each Toolkit chapter focuses on a particular audience or environment and includes recommendations for strengthening prevention efforts and improving services and advocacy for victims.
Trainers' Guide: ABA Commission on Domestic Violence Fundamentals of Domestic Violence for Attorneys Institute (PDF)
This Trainers’ Guide is designed to assist busy practitioners in developing and hosting a daylong Fundamentals of Domestic Violence for Attorneys training Institute. Section One provides information on how to successfully implement the training. Section Two provides instructions regarding logistics, planning, preparation and organization. Section Three introduces the model curriculum for the Fundamentals of Domestic Violence for Attorneys Institute.
Two Decades of Specialized Domestic Violence Courts
An overview of the research literature on specialized domestic violence courts, this paper provides a summary of the current state of the field, an analyses of domestic violence court characteristics and goals, and a review of major research findings concerning court impacts on case processing, stakeholder coordination, informed decision-making, offender accountability, recidivism, victim safety, and victim services.
U Visa Update: Practice Pointers on New CIS Policies (PDF)
This PowerPoint gives an overview of U Visa issues as discussed with the US Bureau of Citizenship and Immigration Services (CIS) and provide practitioner's tips on new developments and updates.
Understanding Sexual Violence: Prosecuting Adult Rape and Sexual Assault Cases
This model curriculum provides prosecutors with tools for successful sex crimes prosecutions, especially regarding stranger rapes. Police, victim advocates, rape crisis counselors and probation departments will find this curriculum useful and adaptable.
Understanding Women’s Experiences Parenting in the Context of Domestic Violence: Implications for Community and Court-Related Service Providers
This Violence Against Women Online Resources commissioned document describes the intersection between woman abuse and parenting. The authors identify and discuss seven central themes that highlight the challenges of parenting in the context of woman abuse. Specific implications and recommendations for community and court service providers are also offered.
VAWA 2005: Analysis and Practice Pointers (PDF)
This is a summary of the VAWA 2005 Immigration Provisions that is organized by topic: (1) a new DNA testing law that applies to all detained noncitizens; (2) expanding access and general provisions for self-petitioners, Us and Ts; (3) removing barriers for applicants subject to removal; (4) amendments to U and T visas; (5) new options for domestic violence survivors; (6) fixes to existing VAWA provisions; and (7) a summary of the new system for fiancée visas.
Victim-Defendants: An Emerging Challenge in Responding to Domestic Violence in Seattle and the King County Region
This report contains information for practitioners and policy-makers in criminal justice and community-based agencies who share the goal of ensuring safety, justice, and support for domestic violence survivors who commit domestic violence-related crimes. The authors welcome feedback from readers on whether they know of programs specifically for DV survivors who have been arrested and charged with DV-related crimes. This information would be added to an updated report. Feedback can be sent to info@kccadv.org.
What is the Center for Court Innovation’s Domestic Violence Court Planning Toolkit? (PDF)
The materials in the Toolkit are based on best practices identified through the Center for Court Innovation’s work with domestic violence courts. The Toolkit is not a training device but a framework to guide planning activities from initial assessment to implementation and evaluation. The Center has developed the Toolkit to be used by an audience with varying levels of domestic violence and court expertise. This document describes the Toolkit and how to obtain a copy of it.
What Makes a Domestic Violence Court Work? Key Principles
This document presents the New York State Model as an example of promoting victim safety and defendant accountability in cases involving domestic violence. The article concludes that although domestic violence courts can play an important role in increasing accountability for defendants and safety for victims, broader systems change is needed.