Battered Women in Court - Jury and Trial Consultants and Expert Witnesses (From Domestic Violence on Trial, P 55-70, 1987, Daniel Jay Sonkin, ed. - See NCJ-104721)

• NCJ Number: 104725
• Author(s): R K Thyfault; C E Bennett; R B Hirschhorn
• Date Published: 1986
• Length: 16 pages
• Sale Source: Copter's Incorporated
• Language: English
• Country: United States of America

Annotation

The role of the expert witness in court cases involving battered women is discussed, and guidelines are provided for jury selection.

Abstract

The chief role of the expert witness is in educating the attorney, the judge, and the jury about the dynamics of violent relationships and the effects of continued physical abuse on the victim. Such testimony can aid the battered woman in obtaining financial damages or custody of children and can be critical in supporting a claim of self-defense in cases where the victim has injured or killed her abuser. In addition, the expert witness can aid in trial preparation, obtain additional information about the victim through a clinical interview, and provide crisis counseling to the battered woman. In addition, the mental health professional can serve as trial consultant, giving the lawyer insight into the type of juror to select and likely impact of factors in the case on jurors. In selecting jurors, the lawyer's questioning should be designed to uncover potential jurors' feelings about women on trial, domestic violence, expert witnesses, divorce and separation, racial prejudice, fear, self-defense, the use of deadly force, and the battered woman syndrome. Such questioning will provide the lawyer and experts insight into who will and will not listen to the defense case, while also providing an opportunity to educate the jury about domestic violence. 21 references.