VAWA Webinar Series: Motions in Limine in Sexual Assault & Domestic Violence Prosecution
Motions in limine help prosecutors organize their case and plan trial strategies in advance of trial. By filing motions in limine, prosecutors can alert the court to evidentiary issues and advocate through facts and law. In this series, learn more about the motions most frequently used in domestic violence and sexual assault cases.
Excited Utterance, Tuesday, 10/06/15, 1:10 pm
An excited utterance can help you prove your case in domestic violence and sexual assault prosecutions. In this thirty minute webinar, Carrie Newton from MDAA’s Family Violence and Sexual Assault Unit will cover everything from where to find excited utterances to persuading the court to admit the statements. This webinar will discuss recent case law and how to navigate the confrontation clause when the declarant is not available for cross examination. This webinar was previously offered on 10/01/13.
Joinder, Tuesday, 10/20/15, 1:10 pm
Rule 9 of the Rules of Criminal Procedure permits joinder of related and unrelated offenses. A motion for joinder can be helpful in the prosecution of sexual assault cases, to establish a pattern of conduct, and in domestic violence cases, to aid in understanding the full nature of the offense. Join Carrie Newton from MDAA’s Family Violence and Sexual Assault Unit for a twenty minute webinar on when and how to utilize joinder in your cases. This is a NEW webinar.
Forfeiture by Wrongdoing, Tuesday, 11/17/15, 1:10 pm
Forfeiture by wrongdoing is a powerful legal doctrine available in domestic violence prosecutions. It provides that where a victim is unavailable at trial as a result of acts by the defendant designed to procure her unavailability, the Commonwealth may introduce her previous statements as substantive evidence. The defendant, estopped by his own misconduct, forfeits his right to object on hearsay or confrontation clause grounds. During this webinar Carrie Newton, from MDAA’s Family Violence and Sexual Assault Unit, will discuss notifying the court of the Commonwealth’s intent to invoke the doctrine, proceeding at the requisite evidentiary hearing, and how the forfeiture evidence can be used at trial This webinar was previously offered on 04/30/14.
Prior Inconsistent Statements, Tuesday, 12/01/15, 1:10 pm
In Commonwealth v. Daye, the Supreme Judicial Court permitted a sworn prior inconsistent statement, a statement on identification given to grand jury, to be admitted as substantive evidence when the witness on the stand testified inconsistently and was available for cross-examination. 393 Mass. 55, 74-75 (1984). This rule was expanded in Commonwealth v. Belmer, 78 Mass. App. Ct. 62 (2010), review denied, 459 Mass. 1101, in which the Appeals Court upheld the admission of a restraining order affidavit as a prior inconsistent statement based on its indicia of reliability. In this thirty minute webinar, Carrie Newton from MDAA’s Family Violence and Sexual Assault Unit will discuss the use of prior inconsistent statements as substantive evidence, in domestic violence and sexual assault prosecutions. This is a NEW webinar.
Prior Bad Acts, Tuesday, 12/15/15, 1:10 pm
While you cannot offer a defendant’s prior bad acts as propensity evidence, these acts may be offered for alternative reasons. For instance, prior bad acts can help jurors understand the nature of the relationship in a domestic violence case. Similarly, prior incidents of sexual assault may show a common course of conduct to persuade a jury that the defendant committed the charged sexual assault. During this 30 minute webinar, Carrie Newton from MDAA’s Family Violence and Sexual Assault Unit will provide an overview of prior bad acts and review the permissible uses of prior bad acts discussed in Commonwealth v. Helfant, 398 Mass. 214 (1986). She will then examine how these acts can be used for discrete, but important, purposes in domestic violence and sexual assault prosecutions. This webinar was previously offered on 04/07/15.