Ethical Considerations for Prosecutors in Sexual Violence Cases
Presented by Christopher Mallios, Former Attorney Advisor, and John Wilkinson, Attorney Advisor, AEquitas
Prosecutors are tasked with 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, 85 (1935). Ensuring victim privacy and achieving justice in sexual 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. In addition to complex victim privacy issues, sexual violence cases present unique ethical challenges related to prosecutorial discretion, recantation, and disclosure of evidence.
This webinar addressed the ethical considerations outlined above as well as charging decisions, immunity, the investigate function of a prosecutor, and trial publicity. The presenters used hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.
Allied justice system professionals, including but not limited to prosecutors, law enforcement officers, community-based service providers, medical and mental health practitioners, probation and parole officers, and judges, are encouraged to view the recording.
This webinar recording should qualify prosecutors for one and one-half (1.5) hours of continuing legal education credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Click here to view the recording of the August 2, 2013 webinar.
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