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Offender-focused prosecution concentrates attention to the actions, decisions, choices, and motivations of the offender. Crimes of intimate violence tend to compel investigators, prosecutors, and defense attorneys to fixate on the victim's behavior to prove or disprove a case. Prosecutors can become helpless when faced with uncooperative victims, challenging facts, or attacks on the victims' credibility. However, when the prosecution can rely on evidence and offender-focused interviewing, investigation, and case construction, there is a greater chance of success.
This book will offer investigators and prosecutors concrete information and techniques to construct and present offender-focused cases in crimes of intimate violence. First, we will challenge the reader's biases and assumptions about intimate violence, providing information that will dispel pervasive myths and misinformation we maintain. We will explain the motivations and techniques that offenders use on their victims to ensure the victims' silence, compliance, and resistance to prosecution. The second section will address specific steps that investigators and prosecutors can take for offender-focused prosecution, including interviewing practices, conducting evidence-based investigations, selecting and preparing a jury, and building an offender-focused prosecution through the case. The reader will be offered practical and attainable practices and skills.
This book will be primarily intended for investigators or prosecutors. However, it will be accessible to paralegals, victim advocates, judges, and others involved in the criminal justice system to utilize.
List of contents
Introduction
Section I: Building a Better Foundation: A Better You
1. Myths and Misinformation: Barriers to Believing
2. How Does Anyone do That?: Understanding the Mind and Motivation of Offenders
3. What Made the Victim Act That Way?: Understanding Victim Response
Section II: Building a Better Case: Offender-Based Evidence and Practice
4. Building Your Case
5. Building a Relationship with the Victim
6. Offender-Focused Investigation
7. Offender-Focused Interviewing
8. Pre-trial Strategy
9. Selecting the Right Jury
10. Trial
11. Evidence-Based Prosecution
12. Conclusion: The Real Meaning of Winning
Appendix A - Offender-Focused Interview Questions
Appendix B - Sample Voir Dire Questions
Appendix C - Sample Chapters for Sexual Assault and Intimate Partner Violence Cases
Appendix D - Samples of the Use of Technology at Trial
Appendix E - Sentencing Questions for Victims
Summary
This book will offer investigators and prosecutors concrete information and techniques to construct and present offender focused cases in crimes of intimate violence.
