May Final Friday's Webinar: A Prosecutor’s Duty to Disclose: Brady v. Maryland
4/30/13Please join us for May’s Final Friday’s webinar, A Prosecutor’s Duty to Disclose: Brady v. Maryland, to be held on Friday, May 31st from 3:00-4:00pm (EDT). This month’s webinar kicks off a special two-part APA webinar series on Brady issues and will feature a presentation and discussion by Michelle Waymire of the Marion County Prosecutor’s Office, a regular ethics presenter at APA’s national training conferences, and Robert Hood, APA’s Director of the Community Prosecution & Violent Crime Division. Michelle and Robert will review and discuss Brady and its progeny, why these cases are important to prosecutors, and the issues and trends in recent cases. A follow up webinar later this summer will cover Brady lists and disclosure protocols, and the liability risks prosecutors face for failing to develop such policies. This training is open to all prosecutors, law enforcement, court personnel and other allied criminal justice partners.
APA is seeking one hour of “ethics” eligible CLE certification from the State of Virginia for each of these webinars. Please join us for this important and thought-provoking presentation. If you would like to download a flyer click here. **Please click HERE to register**
| U.S. Firearm Homicides on the Decline
4/29/13The U.S. Department of Justice Bureau of Justice Statistics (BJS) released encouraging data this week showing that firearm related homicides declined 39 percent from 1993 to 2011 and that non-fatal firearm crimes declined by 69 percent.
Prosecuting attorneys throughout the nation are encouraged by the report findings as they work alongside state, local and national law enforcement partners to reduce gun violence and create safer communities.
"Prosecutors are committed to reducing the level of gun violence in the communities in which we serve, and while these latest statistics are positive step in that direction, there is still a great deal of work ahead," said David LaBahn, President of the Association of Prosecuting Attorneys. "Law enforcement will continue to do our part to develop and implement innovative programs to further reduce gun violence."
Findings of the BJS report include:
• Firearm-related homicides declined 39%, from 18,253 in 1993 to 11,101 in 2011
• Nonfatal firearm crimes declined 69%, from 1.5 million victimizations in 1993 to 467,300 victimizations in 2011
• Firearm violence accounted for about 70% of all homicides and less than 10% of all nonfatal violent crime from 1993 to 2011
The Association of Prosecuting Attorneys is working with non-profit organizations and with fellow law enforcement officials to develop violence reduction and prevention policies and programs to keep our communities safe.
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House Bill 90 clears Ohio House, establishes harsher penalties for animal cruelty
5/23/13COLUMBUS—State Rep. Ryan Smith (R-Bidwell) announced Wednesday that the Ohio House of Representatives passed House Bill 90, which establishes harsher penalties for owners, managers or employees of kennels and rescue shelters who commit animal cruelty. The bill is commonly referred to as “Nitro’s Law.” H.B. 90 makes specific prohibitions against negligently and knowingly committing acts of cruelty against companion animals, including dogs and cats. Specifically, the bill grants a prosecutor discretion to charge and prosecute an owner, manager or employee of a kennel who engages in knowingly cruel treatment with either a first-degree misdemeanor or a fifth-degree felony. A fifth-degree felony charge for abuse could garner a prison sentence of up to 12 months per offense. “This will give pet owners the peace of mind of knowing that their animals are being taken care of properly,” Rep. Smith said. “Should cruelty occur, it’s important that we can hold the appropriate person accountable.”
Vinton Courier
| Ohio bill would remove 20-year statute of limitations for prosecuting rape cases
5/23/13COLUMBUS, Ohio — A bill being proposed by two Ohio lawmakers would remove the 20-year statute of limitations for prosecuting rape and sexual battery cases. Attorney General Mike DeWine's office said he supports the measure, which would allow cases to be filed against defendants 20 years or more after the alleged crime. But John Murphy of the Ohio Prosecuting Attorneys Association tells The Columbus Dispatch (http://bit.ly/14xykEl ) that he's not in favor of pursuing rape cases that old unless there is DNA evidence involved. He said prosecutors are concerned that unless there is DNA evidence, rape cases could come down to verbal allegations based on faulty memory instead of evidence. State Sen. Capri Cafaro said "the impact of sexual trauma lasts a lifetime and certainly does not fade after only 20 years."
The Republic
| Sex trafficking laws toughen in TN after study
5/23/13As sex trafficking has garnered newfound attention, Tennessee has developed one of the nation’s most comprehensive anti-trafficking programs. An additional 12 new laws approved by lawmakers this year include harsher criminal penalties on traffickers, an extended window of time for prosecutors to bring charges and the creation of a state trafficking task force to study and respond to the issue. The measures amplify a wave of attention since a statewide study in 2011 documented incidents of sex trafficking — which officials define as coercive adult prostitution and any sexual exploitation of children. “We have been adding (laws) for the last two years, but this year, by far, is the biggest,” said Margie Quin, an assistant special agent in charge at the Tennessee Bureau of Investigation. “I would label this as sweeping changes.” Since the 2011 study, the TBI has trained thousands of agents, and this year a coalition of women’s groups funded promotions for the state’s trafficking phone line for crime tips and victim assistance. And Nashville again will host a four-day conference on trafficking — beginning today — in which police, teachers and social workers will receive training. Of the laws going into effect July 1, Quin said one stood out: Authorities will be able to prosecute those paying for sex — the “johns” — as traffickers.
The Tennessean
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