Evidence-based Prosecution For Police. Evidence-based Prosecution Adapted from a CLE presentation by...
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Transcript of Evidence-based Prosecution For Police. Evidence-based Prosecution Adapted from a CLE presentation by...
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