The Prosecutors’ Resource on Forfeiture by Wrongdoing
Oct 01, 2012
Learn to successfully employ the doctrine of forfeiture by wrongdoing in domestic violence cases as a means of proving the case when a defendant has engaged in wrongdoing to prevent the victim from testifying at trial.
Resource type
Prosecutors' Resources
Author(s)
AEquitas
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Forfeiture by wrongdoing is a longstanding exception to a defendant’s Sixth Amendment right to confront the witnesses against him. If a defendant causes a witness to be unavailable for trial through his wrongful acts, with the intention of preventing that witness from testifying, then the introduction of the witness’s prior testimonial statements is not barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution. This resource will review the origins and requirements of forfeiture by wrongdoing, examine its utility in domestic violence cases, outline trial strategies, and provide a checklist for hearings on forfeiture.