Evidence Issues: The Confrontation Clause and Crawford

June 14, 2023

Webinar Series
11:30 am – 2:45 pm ET
90-minute presentation with a 30 minute lunch break followed by a 75-minute presentation

This webinar is one of NDAA’s  2023 Series of Evidence Trainings!  

Are you having challenging issues with witnesses in your violent crime cases? Is witness intimidation and the recantation following your first interview with the witness/victim becoming the tragic theme of cases landing on your docket?  While these witness issues are relevant in many types of violent crime cases – gang cases, homicides, sexual assaults, and robbery cases, they are experienced with an unfortunate increasing amount of frequency in interpersonal relationship crimes!

Join NDAA faculty members as they discuss strategies to not only anticipate but also overcome issues with witness intimidation and reluctance at the initial stages of the case; strategies which ensure that the defendant had a prior opportunity for cross-examination of the victim’s testimonial statement.  The faculty member will discuss the history of confrontation issues leading up to the Crawford decision,  the impact of the U.S. Supreme Court’s decision in Crawford,  and  the succession of cases following Crawford.  He will discuss the influence these decisions have had on the way prosecutors, judges, and other attorneys evaluate, prepare, prosecute offenders, and otherwise represent victims in interpersonal violence relationships. He will also provide suggestions for acquiring victims’ statements and collecting evidence to corroborate the victim’s account whether she/he chooses to participate in the prosecution.

The presentation then focuses on the foundational  steps to assessing a potential Forfeiture by Wrongdoing situation, gathering evidence to support the motion, filling the motion, and meeting the People’s burden at the hearing, with the ultimate goal being the admission of evidence that would otherwise be excluded due to Crawford.

There will be a separate lecture on Ethical Issues in these difficult cases, addressing the issues you face living in a world where as members of the criminal justice profession your conduct is critiqued and criticized by the public on a regular basis.  This participatory presentation will cover modern, practical, ethical dilemmas, from charging decisions to relationships with victims, witnesses, law enforcement, the public, and the media, in an environment where your actions and words are watched both on and offline.

Members: $150
Non-Member: $200

If you would like to become a member, please join here!

Presented by:

Shannon Archer
Trial Attorney and Advocate, Brick Gentry P.C., IA

Gerald Fineman
Former Chief Deputy District Attorney, Riverside County District Attorney’s Office, CA

Anticipated CLE credits: 2.75 Credits

NDAA has applied for CLE credit in Illinois, Kansas, Mississippi, Ohio, Tennessee, Texas, and Virginia based on state requirements and guidelines. All other attorneys seeking CLE credit should contact their state bar for more information. At the conclusion of the course and after completion of the electronic evaluation survey, all attendees will receive a uniform continuing education certificate that they may use to report their continuing education hours to their state bar or reporting agency. Questions regarding CLE or other continuing education credits can be directed to Senior Project Coordinator, Courtney Jan at cjan@ndaajustice.org.

NDAA’s mission to serve and support prosecutors and their staff. In consideration of this commitment, NDAA requires that all those in attendance of our programs currently work in or work closely with prosecution: NDAA invites prosecutors, lawyers and paralegals in local, state, tribal, federal and military government attorneys’ offices. If you are not sure about your eligibility, please contact training@ndaajustice.org.


Contact Director of Education and Engagement Candace Mosley at cmosley@ndaajustice.org or Training@ndaajustice.org

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