180 Minute Module for Criminal Court Judges

180 Minute Module for Criminal Court Judges

Resources for Criminal Court Judges

Faculty Manual (PDF)

PowerPoint Slides with Suggested Commentary (PPT)

The "download" link above will download the PDF version of the presentation. To download the PowerPoint file, click here.

Case Study Exercises

State v. Figueroa

Defendant Carlos Figueroa is charged with sexual assault in the first degree for allegations that he coerced his ex-wife into performing oral sex upon him during a visitation exchange. There was no evidence of physical violence in this assault. At issue in this case is:

  1. whether a statute permitting prior bad acts evidence in sexual assault cases should apply;
  2. whether the history of domestic violence can be introduced to show that Ms. Figueroa was too traumatized and intimidated to consent.

State v. Nelson

Defendant Ben Nelson is charged with sexual assaulting his wife. This case study asks:

  1. Would the sexually explicit video and photographs of his wife that Nelson seeks to introduce at trial violate the Rape Shield Law?
  2. With respect to jury selection, should the request of the prosecutor and the defense attorney for expanded voir dire be granted? Should a jury questionnaire be used?
  3. Assuming conviction by a jury of second-degree sexual assault, would the judge order a pre-sentence investigation? What circumstances would support mitigation or aggravation of the guideline sentences? What sentence would the judge impose?

State v. Mirchandani

Defendant Ved Mirchandani is charged with first-degree rape of his wife of 25 years. At trial, the State moves to allow an expert witness to testify about battered women’s responses to their experiences as they relate to consent, to which Defendant objects because the effect of such testimony is to bolster the complaining witness’ credibility. Defendant also petitions to allow an expert to testify about the marital traditions of his culture. At issue are the probative values of the testimony of either expert.

State v. Logan

Defendant Peter Logan comes before the court for sentencing after being convicted of sexual assault in the second degree, unlawful imprisonment, assault in the first degree, and lesser offenses stemming from a six-hour siege of his family home. Mr. Logan has submitted letters from his eldest son and members of the community attesting to his excellent standing as a parent and mentor. He alleges his wife is unstable and that the injuries he caused her during that six-hour siege were unintentional. The probation report tends to dispute some of the letters and Mr. Logan’s statements against his wife. The court is asked to weigh this information to determine an appropriate disposition and sentence.

Survivor Video Clip and Transcript

This four-minute video clip is drawn from the Department of Justice, Office of Victims of Crime DVD Victim Impact: Listen and Learn. The clip is excerpted from an interview with a survivor of nearly lethal domestic violence and intimate partner sexual abuse. She states that the sexual abuse was even more emotionally destructive than the death threats because of the betrayal of trust. The sexual abuse, she states, “…was probably the most painful, and still probably the, the hardest to get past.”

This video clip is a very effective way to began any module. Suggested Commentary is located in the Faculty Manual for each module.

Transcript of Video Clip

It is useful to distribute the transcript of the video clip so program participants fully absorb the impact of intimate partner sexual abuse.

Video Clip

To play the video clip, it is necessary to have A/V equipment with speakers.

Resources

The Intimate Partner Sexual Abuse modules include extensive resources that are intended to be burned onto a CD and distributed. This download contains a compilation of eighteen articles that will be useful to anyone wanting more information about intimate partner sexual violence in the domestic violence context and adult victim sexual assault in general. The resources are organized as an Annotated Table of Contents. Each citation is a hyperlink to the full text of the resource. Users do not need to be connected to the internet to link to these texts.

At your program, provide the Annotated Table of Contents from the Resources CD as a handout. This will immediately show participants the wealth of resources available to them and may give them an incentive to explore the Resources CD on their own.

To create the Resources CD

  • Download the "Resources" zip file and the "Resources CD Label" PDF file
  • Create a new folder titled “Intimate Partner Sexual Abuse: Adjudicating This Hidden Dimension of Domestic Violence Cases Resources CD”
  • Move the downloaded zip file and the CD Label into the new folder
  • Insert a blank CD and, when prompted, burn the Intimate Partner Sexual Abuse: Adjudicating This Hidden Dimension of Domestic Violence Cases Resources CD folder to the CD

To print the CD Label

  • Purchase Avery CD label paper at an office supply store or online at http://www.avery.com/avery/en_us/.
  • Put the Avery paper into any regular printer, print the PDF onto it and affix to the CD.  
  • Distribute the Resources CD with the appropriate label and copyright information.

Participant Handouts

Graphics for Reproducing this Module (.zip)

Download the Entire Module Zip File

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