Prosecuting Alcohol-Facilitated Sexual Assault - National District ...

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P R OSECUTING A LCOHOL-FACILITATED S EXUAL A SSAULT raped is a risk that a prostitute assumes when she takes up that line of work? Final Questions Follow the Law: Can you all agree that, regardless of your personal opinions about what the law ought to be, you will follow the law as the judge gives it to you? Based upon the law as the judge gives it to you, if I prove all of the elements to you beyond a reasonable doubt, will you convict the defendant? Any Other Reason: If I prove to you beyond a reasonable doubt that the defendant committed the crime he is accused of, is there any reason you would not be able to find him guilty? Is there anyone here who could not? For additional information, contact: The National Center for the Prosecution of Violence Against Women National District Attorneys Association 703.549.9222 ncpvaw@ndaa.org 58 N ATIONAL D ISTRICT ATTORNEYS A SSOCIATION
Expert on Intoxication NDAA A PPENDIX B Qualifications The prosecutor must qualify the witness as an expert prior to any opinion testimony. For example, if the expert is going to opine about intoxication and the ability to consent, make sure that the witness’ qualifications to do this are addressed. In general, the following areas should be covered: • Name • Education (Accredited university?) • Training • Licenses • Work experience (Accredited lab or hospital?) • Publications (Peer-reviewed?) • Teaching experience • Awards/Professional recognition • Prior expert testimony (Prosecution? Defense? Civil? Payment? Jurisdiction/Location?) • Continuing education (Courses, Journals read, etc.) Move curriculum vitae into evidence. Forensic Toxicologist 126 Note:These questions can be modified to comport with the law of the state. For example, a prosecutor may need to demonstrate that a victim was mentally incapable or physically helpless as opposed to showing that the person was too intoxicated to consent.The prosecutor should determine what the expert testimony is intended to prove. • What is a forensic toxicologist? • Have you ever had the opportunity to observe intoxicated people? Under what circumstances? 59
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National District Attorneys Associa
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T ABLE OF C ONTENTS v Acknowledgmen
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A CKNOWLEDGMENTS The author wishes
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P R OSECUTING A LCOHOL-FACILITATED
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Page 49: C ONCLUSION Following the three-ste
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Page 69 and 70: A PPENDIX B • What is the effect
Page 71: A PPENDIX C CROSS-EXAMINATION WORKS
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