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Published byCollin Pitts Modified over 9 years ago
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Evidence-based Prosecution For Police
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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 victim does testify, corroborates; helps meet standard of “beyond a reasonable doubt” If victim does not testify, proves crime and identity of perpetrator Gather evidence as if it were a homicide case (unless this conflicts with department homicide protocols)
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Photographs Of victim and victim’s injuries Of defendant’s injuries or lack of injuries Etc. Everything
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Seize/voucher evidence Weapons Damaged property If Blood-stained, use paper bag Items use to restrain, gag, torture Victim’s and/or defendants diary/calendar documenting abuse Etc. 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 Check statements made to neighbors, landlord, friends/family, employer, EMTs, hospital personnel, jail/prison officials, parole/probation officers, etc. Get a statement; Read Miranda and try it
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Exert 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
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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 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 juridictions
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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 pet appear neglected?
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Defendant’s background Psychiatric history/hospitalization? Drug/alcohol abuse/ Special medications?
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Charges to Consider “Endangering” charges PL§260.32 & 260.34 Reckless Endangerment PL§120.25 & 120.20 Coercion PL§135 Intimidation of/Tampering with a Witness PL§215 Larceny by Extortion, PL§155
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