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Published byBrenden Vint Modified over 9 years ago
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Evidence-based Prosecution For Prosecutors
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Evidence-based Prosecution Adapted from a CLE presentation by Arlene Markarian, 6.16.04, “Evidence-based Prosecution.” ©2001,2002,2003,2004 by Arlene M. Markarian
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Why? Victims reluctant to testify against family member or caregiver. Victims may be unable to testify due to mental or physical impairments, or death. Stop perpetrators before they cause death.
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Gather evidence If the victim does testify, you need to corroborate to meet the standard of “beyond a reasonable doubt.” If the victim does not testify, you will need evidence to prove the crime and the identity of the perpetrator. Gather evidence as if it were a homicide case.
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Photograph Victim Victim’s injuries Defendant’s injuries or lack of injuries All bloody/blood stained items Property damage Messages/numbers on caller ID box Entire home/crime scene Any property taken into custody
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Seize/voucher evidence Weapons Containers of assaultive liquids Drugs or drug paraphernalia Alcoholic beverages/empty bottles, cans Damaged property Items use to restrain, gag, torture Victim’s and/or defendants diary/calendar documenting abuse
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Seize/voucher (continued) Letters with envelopes Answering machine tapes or voice mail messages Clothing, sheets, blankets or other items With blood stains [place in paper bag] Sheets, etc. with feces/urine stains Bloody/torn clothes (victim and defendant)
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Seize/voucher (continued) Martial arts paraphernalia Financial documents Everything
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Eye, ear and nose witnesses To crime charged To previous incidents of abuse Person who called 911
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Excited utterances Document excited utterance by victim. Document victim’s demeanor. Check for excited utterances to friends, EMTs, first police at scene, doctors, nurses, 911 caller.
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Defendant’s statements Document all statements, no matter how insignificant they may seem. Check statements made to neighbors, landlord, friends/family, employer, EMTs, hospital personnel, jail/prison officials, parole/probation officers. Get a statement. Read defendant his Miranda rights and try it.
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Expert medical opinion Ask for a release from the victim so you can obtain medical records: – To explain force required to inflict injury. – To give expert opinion. Note: Only if victim has capacity to sign consent
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Check for past DIRs/61s/OOPs Check other jurisdictions where defendant lived. Check for abuse with this or other victims.
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Documentary evidence Such as defendant’s prison records Defendant’s home and cell phone records Parole/probation records Previous 911 calls Police records from other jurisdictions Prior Orders of Protection from this or other jurisdictions
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Seize all medications Document medical information
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Animal abuse Did defendant injure or kill a family pet? Ever threaten to kill or injure a pet? Does the pet appear neglected?
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Defendant’s background Psychiatric history/hospitalization? Drug/alcohol abuse? Special medications?
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Charges Consider “bump-ups” (misdemeanor to felony because of prior conviction). Consider Reckless Endangerment PL§120.25 & 120.20 Consider Coercion PL§135 Consider Intimidation of/Tampering with a Witness PL§215 Consider larceny by Extortion, PL§155
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