Expert Testimony On Domestic Violence

"Examines the impact of social science evidence on legal reasoning in domestic violence cases, analyzing the text and rhetoric from a body of appellate opinions in which expert witnesses provided social science-based testimony about domestic violence"--Provided by publisher.

This article discusses the use of expert testimony in prosecuting those charged with domestic abuse. Part I provides a background on the need and nature of expert testimony in domestic violence cases and the requirements for the admission of such expert testimony. It traces the development of the role of expert testimony in domestic violence cases from its initial exclusive use as a defense tool to support self-defense claims to its present use by prosecutors to explain a complainant's recantation or other puzzling behavior. Part II discusses the appellate cases that have addressed the admissibility and scope of expert testimony offered by the prosecution in domestic abuse cases. It then analyzes the proper uses of the expert testimony, including when the State may introduce the testimony and what guidelines courts should follow to ensure that its probative value outweighs any prejudicial effect on the defendant. Part III applies the existing case law to the uncharted issue of whether the courts should allow expert testimony to explain a complainant's outright refusal to testify.

I found the book extremely interesting and informative. I was particularly impressed with the practical advice given in the text, advice that is not often found in the legal literature. . . . The writing is clear and compelling, and Paul Stern′s style is perfect: he entertains as he educates. --Thomas D. Lyon, The Law School, University of Southern California, Los Angeles Called upon to educate courtroom decision makers, the expert witness provides testimony that is critical to achieving intelligent and just verdicts. Few judges and jury members possess the knowledge base needed to adequately understand complexities of human behavior as they relate to acts of interpersonal violence. While the lay witness can testify to actual incidents or observations, it is the "expert witness" who can provide forensic significance to such evidence. With this vital insight, courts can more accurately assess and weigh evidence, leading to more informed and appropriate decisions. Timely and accessible, The Preparation and Presentation of Expert Testimony clearly defines the need for and role of expert witnesses in litigation. Author Paul Stern demystifies the process while providing practical, stepwise guidance for those who want to prepare and present expert testimony with confidence and clarity. Beginning with discussions of the who, what, and why of expert testimony, the book also defines the role of the expert, including ethical and professional issues that may arise. Filled with tips, techniques, and case examples, chapters also show expert witnesses and attorneys how to prepare for court, how to present testimony in the most convincing and credible manner possible, how to deal with cross-examination, and how to cross-examine irresponsible expert witnesses. Anyone who may be called upon to testify--or participate in court in any way--in cases of interpersonal violence will find this book an invaluable resource. In particular, mental health professionals, medical personnel, scientists, investigators, attorneys, and judges will want to use the book to prepare themselves for the rigors involved in every aspect of expert testimony.

Investigating and litigating cases of interpersonal violence is difficult. With child and elder abuse, the vulnerability of the victim makes the work emotionally as well as legally taxing. With domestic violence, the tendency of some victims to