Catching Killers: A Practical Guide to Building a Better Cross-Examination in Domestic Violence Cases

Join us for Catching Killers: A Practical Guide to Building a Better Cross-Examination in Domestic Violence Cases. CLE credit is available!

Manipulation is the universal tool that abusers use to obtain and maintain control over the lives of their victims. With varying degrees of sophistication, abusers use fear, love, guilt, anger, sex, money, charm and humiliation to move their victims like pawns on a chess board. They employ similar tactics of manipulation on family, friends, co-workers, anyone within the victim’s reach to ensure their control does not crumble should the victim decide to ask for help. If there is one thing that perpetrators of domestic violence have in common, it is their absolute faith in their own powers of persuasion. They are life-long manipulators and consider themselves masters of the trade. What this means, of course, in a trial setting is that in a much higher percentage of cases, and generally against advice of counsel, these offenders will testify on their own behalf. They believe that given the chance to make themselves the hero, or maybe the victim, of the story, they jury will believe them, and often they are not wrong. More so than any other type of prosecution, in domestic violence cases cross-examination is crucial.

Unfortunately, cross-examination is a difficult skill to master. Preparation seems impossible when one can’t be sure what the abuser will say until he is on the stand saying it. Trainings tend to be more theoretical in nature, and not every jurisdiction has the volume of jury trials to support a “learn by watching others” approach. In this training, using a successful cross from a domestic violence homicide as our guide, we will focus on the practicalities of preparation, structure, admissibility, and adaptability in cross-examination. Attendees will not only come away with an understanding of what elements create a successful cross-examination of a highly manipulative offender, but also the skills to build a framework for cross-examination that can be adapted for success in any set of circumstances.

This presentation is supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the author(s) and do not necessarily reflect the views of the Department of Justice.