Evidence-based Prosecution

For Police

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

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

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)

Photographs

Of victim and victim’s injuries Of defendant’s injuries or lack of injuries Etc. Etc. Everything

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

Eye, ear and nose witnesses

To crime charged To previous incidents of abuse Person who called 911

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

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

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

Check for past DIRs/61s/OOPs

Check other jurisdictions where defendant lived

Check for abuse with this or other victims

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

Seize all medications

Document medical information

Animal abuse

Did defendant injure or kill a family pet? Ever threaten to kill or injure a pet? Does pet appear neglected?

Defendant’s background

Psychiatric history/hospitalization? Drug/alcohol abuse/ Special medications?

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