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2017 September Webinar - Ethical Considerations for Prosecutors in Intimate Partner Violence Cases

September 27, 2017
Wed 1:00 PM CDT

Duration 1H 0M

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Description

A prosecutor is “the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. . . . It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one." Berger v. United States, 295 U.S. 78, 88 (1935). Achieving justice in intimate partner violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. Intimate partner violence cases present unique ethical challenges related to victim privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence.

This recording addresses the ethical considerations outlined above in the context of charging decisions, immunity, compulsion of victim testimony, Crawford, and the investigative function of a prosecutor. The presenter uses hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.

Contributors

  • Teresa M. Garvey, Attorney Advisor with AEquitas

    Teresa M. Garvey (JD) is an Attorney Advisor with AEquitas: The Prosecutors' Resource on Violence Against Women. As an Attorney Advisor, Teri presents on trial strategy, legal analysis and policy, and ethical issues related to violence against women at the local, state, and national level. She conducts research; develops training materials, resources, and publications; and provides case consultation and technical assistance for prosecutors and allied professionals. Prior to joining AEquitas, Teri worked for twenty-two years as an Assistant Prosecutor in Camden County, New Jersey. For nine years she was assigned to the Domestic Violence Unit, and for five of those years served as Deputy Section Chief of that Unit.