STOP TA Clinic: 10/16/2023, Prosecution Certification with John Wilkinson of AEquitas

The use of bench warrants/body attachments and material witness warrants in the prosecution of sexual assault, domestic violence, stalking and dating violence can have profoundly harmful impacts on the victims they are issued against. Such measures are considered “Next Level” and should only be used after all alternative strategies to encourage victim testimony and participation in the prosecution have been exhausted due to the potential they have to subject the victim to further trauma and victimization.

To be eligible to receive STOP funds, subgrantees that are prosecutors are required to certify that during the 3-year grant period they will plan, develop, and implement expert-developed personnel training on victim-centered prosecution approaches, policies that support a victim-centered approach informed by that training, and a protocol outlining what alternative practices will be implemented and exhausted prior to the issuance of bench warrants or material witness warrants to obtain victim testimony in order to prevent further trauma to the victim.

As a result of the Clinic, administrators and prosecutor STOP subgrantees will expand their knowledge of best prosecutorial practices to incorporate into a STOP funded prosecutor’s office, alternative strategies that can be put into place to avoid using material witness petitions/bench warrants to compel testimony, and how to mitigate the adverse impacts of a MWP or bench warrant on a victim should one be necessary.