Prosecution ofMMIW Cases

1、Prosecution of MMIW CasesMMIW Task Force MeetingJune 24, 2020What are MMIW cases?Murder casesTraffickingSexual AssaultDomestic ViolenceAssaultFirearms OffensesOther CrimesExclusive, Assumed, or PL280Statutorily-Conferred JurisdictionCrimes of General ApplicationThose offenses in which there is a fed

2、eral interest no matter where they occur and no matter who commits them:Federal Trafficking OffensesVAWA OffensesFirearms OffensesNarcotics OffensesExclusive, Assumed, or PL280Statutorily-Conferred JurisdictionAre we in Indian Country?Not In Indian CountryIn Indian CountryNo Tribal Criminal Jurisdic

3、tionNo Federal Criminal Jurisdiction, UNLESS Crime of General ApplicabilityThere might be Tribal Criminal JurisdictionThere might be Federal Criminal JurisdictionThere might be State Criminal JurisdictionNeed to answer more questionsAlways ask these 4 questions, in this order:Where did the crime occ

4、ur?Is it Indian Country or not? What is the jurisdiction framework?Who is the suspect?Indian or Non-Indian?Who is the victim?Indian or Non-Indian?What did they do?Is it a Major Crime?Major Crimes Act 18 USC 1153Enumerated offenses:MurderManslaughterKidnappingMaimingSexual abuse offenses under chapte

5、r 109AIncestFelony assault under section 113Assault against a child under 16Felony child abuse and neglectArsonBurglaryRobberyFelony theft under section 661Federal Major Crimes ActFederal Jurisdiction in Indian CountryIndian VictimNon-Indian VictimIndian SuspectNon-Indian SuspectFederal Major Crimes

6、 Act orGeneral Crimes/Assimilated CrimesStateFederal General Crimes Act/Assimilated Crimes ActWITHOUT A GOOD INVESTIGATIONJURISDICTION AND PROSECUTION DO NOT MATTERAn investigation that enables a prosecutionComplete victim interview not just the facts of the incidentCorroboration, corroboration, cor

7、roborationEvidence to support a victimEvidence to proceed without a victimThe investigation required depends on the type of caseChallenges in MMIW CasesLaw Enforcement Coordination Challenges in Multi-Jurisdiction CasesDistrust of Law Enforcement and ProsecutionReluctant VictimLack of CorroborationD

8、elayed ReportIncomplete ReportPROOF BEYOND A REASONABLE DOUBT (knowing and proving are two different standards)Working with Victim Witness ServicesA Key in a Successful ProsecutionA Victim-Centered Approach to ProsecutionWith whom is the victim or victims family comfortable sharing information?Who s

9、hould be in the room during interviews and trial preparation?A collaborative approach to victim servicesEarly and frequent communication is key regardless of good or bad informationTHE PROSECUTIONCharges, Plea Negotiations, Trial, and SentencingDynamics of a ProsecutionBenefitsA Voice is HeardAccoun

10、tabilityJusticeA Sense of SafetyChallengesUnpredictability of Other Parts of the Process (Judges, Juries, Observers, Defendant, Opposing Counsel)Proof Beyond a Reasonable DoubtCommunication (Charges, Plea, Sentence)Admissibility of Evidence the Tip of the Iceberg ProblemVictims and Witnesses facing

11、the Defendant and the CourtroomWorking to Improve ProsecutionsEducation of ProsecutorsCoordinated Effort to Educate Members of the Prosecution Team (Law Enforcement, Victim Specialists, Paralegals)Coordinated Effort to Educate Legal CommunityCoordinated Effort to Educate the Communities ServedBuilding Trust