Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing
Use the doctrine of forfeiture by wrongdoing to admit an absent victim’s hearsay statements, eliminating the payoff for defendants who seek to silence their victims.
Resource type
Strategies Newsletters
Author(s)
Teresa M. Garvey (Attorney Advisor, AEquitas)
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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.