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DV Blueprint-The proven process for success in domestic violence prosecution

Where is your expert?

Published 16 days ago • 1 min read

DV Tip of the Week

5 MIN READ

“They hung.”

This prosecutor spent the prior afternoon in my office talking about how bad of a job the defense was doing and how they had ripped the defendant on the witness stand.

My fault. 100%

Before trial, I had told him to line up an expert to explain victim behavior. He was convinced he didn’t need one because the victim’s story was so implausible. Implausible, but not impossible.

I should have pushed.

I let him make the call instead. It resulted in a hang.

There is not reason NOT to use an expert witness in a domestic violence trial. There are far too many areas where a jury can confuse their own perceptions about what is domestic violence and how a victim should behave. Jurors have their own beliefs about what can and can’t happen in their community. It includes that people with “good jobs” can’t commit domestic violence.

The case hung. Could have been worse. He’d get an opportunity to retry the case. This time, he would have an expert.

The takeaway

Learn from this mistake.

Every domestic violence case should incorporate an expert witness to explain the myths and misperceptions surrounding domestic violence.

Want to learn more about using expert witnesses?

Email me: gfineman@dvtrainandconsult.com with any questions.

The legal stuff

The DV Tip of the Week does not constitute legal advice and is designed to inspire thought around best practices in addressing intimate partner violence. No lawyer client relationship exists through use of DV Training Tips and the user is responsible for verifying the current nature of any point of law.

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DV Blueprint-The proven process for success in domestic violence prosecution

I train and coach domestic violence professionals

A career prosecutor with over 33 years experience prosecuting and training criminal justice professionals in the proven tactics to handle domestic violence cases independent of the need for survivor participation. Nationally recognized speaker with two lifetime achievement awards I can train and coach for success.

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