Artwork by Sarah Sabri, Advanced Course Class #18

E-News: Tips on Forfeiture by Wrongdoing

Dear Friends,

 

We are delighted to welcome you to another edition of the Strangulation Prevention E-News.



In this feature, we are honored to share some valuable insight from Jerry Fineman, our co-chair of the Training Institute Legal Committee. Jerry will present a four-part series on forfeiture by wrongdoing, covering critical topics such as sample questions law enforcement can use to build forfeiture cases, gathering evidence for forfeiture, crafting successful forfeiture motions, and even exploring a sample brief. These key insights are designed to strengthen your case. Additionally, this feature will include webinars hosted by the Training Institute on Strangulation focused on forfeiture by wrongdoing by Retired Chief District Attorney Scott Kessler from Queens, New York and Virginia Prosecutors Joshua Steward, Alex Rueda and Donald Goodman, along with valuable resources from Aequitas.



 “Evidence-based prosecution should be the standard in the prosecution of domestic violence cases in general and strangulation cases specifically. The terrified victim should never be responsible for the accountability of her offender. Prosecutors across this country went to law school. They are paid to evaluate whether a case should be prosecuted.


Prosecutors should evaluate if they can prove the case without the victim’s participation. If they can, they should file the case and go forward. No victim should ever be asked if she wants to ‘press charges’. This is not her job. Her job is to try to stay alive. Her job is to try to protect her kids. If she feels she needs to testify for her abuser, she should get to make that choice. We should still offer her advocacy and support. But, ultimately, prosecutors should do their job. If law enforcement has done their job well, most of these cases can still be prosecuted whether the victim chooses to participate with the prosecution or not." - Casey Gwinn


As always, we extend our heartfelt thanks to all those involved in supporting survivors of domestic violence and non-fatal strangulation. Thank you for all that you do to help victims of strangulation assault navigate through challenging and dangerous circumstances. 

 

Always with great Hope,

 

Gael, Casey, Fernanda, Joe, Jess, and Jahlyssa

Jerry's Tips on Forfeiture by Wrongdoing

Sample Questions Law Enforcement Can Ask to Help Develop Forfeiture Cases:

Finding Evidence of Forfeiture

Successful Forfeiture Motion

The Sample Brief

Watch our two Webinars: "Forfeiture by Wrongdoing: Turning the Tables on Witness Intimidation (Cody Case)" and "Forfeiture by Wrongdoing"

Resources from Aequitas

Aequitas mission is to improve access to and the quality of justice in gender-based violence and human trafficking cases through an informed, practical, and innovative approach. Below are a few resources to help you with your next case.

Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing

Forfeiture by Wrongdoing

Sample Motion

Check out our Facebook Live to watch all our past sessions from October for Domestic Violence Awareness Month and November for Strangulation Awareness Month! We feature special guests every week!

Upcoming Trainings

  • Victoria, BC - In-Person Training - February 12-13, 2025
  • San Diego, CA - In-Person Training - April 29- May 1, 2025
  • Newport, CA - In-Person Training - May 12-15, 2025
  • Pontiac, MI - In-Person Training - October 7-8, 2025

This project is supported all or in part by Grant No.15JOVW-23-GK-05151-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.