Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing

Jiu-jitsu is a Japanese martial art that does not depend on the use of size or strength to defeat an opponent. Instead, it employs a variety of tactical moves to prevail by turning the force of an attack against the attacker. Prosecutors in domestic violence cases have a similar art at their disposal to counter confrontation challenges in the common scenario where the offender has intimidated, tricked, manipulated, paid off, killed, or otherwise arranged for the victim to be absent from the trial, leaving the prosecution with only the victim’s out-of-court statements to prove the case.