The 5 Ws and the H of Domestic Violence Expert Testimony

Transcription

1 The 5 Ws and the H of Domestic Violence Expert Testimony l CAIA l June 6, 2018 l Vicki

2 Introduction 1) How often have you been hired to testify as a DV expert (whether you testified or not)? 2) What is your profession or current job? 3) What is your chief goal for this webinar? 4) Is there a fee for your services?

3 Webinar objectives 1) Provide a thumbnail history of DV expert testimony 2) Explain qualifications to be a DV expert 3) Outline what should be in your CV 4) Discuss litigation aspects of DV expert work 5) ENGAGE IN CONVERSATION WITH YOU

4 What this webinar won t do 1) Be a long power-point presentation 2) with lots of legal citations 3) Give you all the answers And it WON T leave you unable to launch! (Follow-up resources are at the end.)

5 The 5 Ws & an H overview l WHO is able to be a DV expert witness l Qualifications? can a nurse testify? l WHY and WHEN are DV experts useful? l Education? at an eviction hearing? l WHAT topics does a DV expert want to be prepared to address? l DV myths? Battering and its effects? Social framework evidence? what else?

6 5 Ws & an H overview (cont d) l WHERE is DV expert testimony critical? l in a custody case? at a college suspension hearing? where else? l HOW do quality control considerations guide and impact DV expert testimony? l will you testify for prosecution? for the defense? county attorney? private bar? who exactly are you testifying for?

7 A nutshell history of DV expert testimony l 1979: Lenore Walker: BWS, cycle of violence, learned helplessness l 1996: National Institute of Justice (NIJ) Report: battering and its effects in the context of the victim s social framework l 2017: all states and DC accept DV expert witness evidence

8 The WHO requirements If scientific, technical, or other specialized knowledge will assist the trier of fact, an expert can testify if the expert is qualified by: l knowledge, l skill, l experience, l training, OR l education. Fed. R. Evid. 702

9 so WHO can be a DV expert? l Advocates? l Healthcare providers? l DV educators? l Attorneys who specialize in DV work? l Police officers? l Social workers? l BIP employees?

10 What s in YOUR?

11 What s in YOUR CV? l name, business address, & field of expertise; l current and past employment information, dates, & responsibilities; l # of victims assisted by you & # assisted by your staff; l formal education, especially re DV; l trainings and conferences attended; l relevant courses & trainings taught by you;

12 What s in your CV? (cont d) l professional licenses, certifications, affiliations, and honors; l familiarity with the body of DV literature; l how your testimony draws from scholarly research and client assistance; l your publications & speaking engagements; l AND l your previous expert testimony

13 Do you want to be an expert or an EXPERT? l As you watch Ms. Vito in My Cousin Vinny, what advice does this clip offer to a DV expert?

14 The WHY of DV expert testimony The jury s balloon image of DV is inaccurate:

15 The DV expert s challenge l is to get the factfinder s gut to digest the PROCESS that IS DV (because the medical and legal worlds often address DV as an isolated event), and l it is also to explain COERCIVE CONTROL as the linchpin of the violence

16 The WHEN of DV expert testimony Remember the line from this old Carole King song? l You CAN say No. You want to get in early and stay till the end. l l l l l l l l Consult re facts to see if you want the case Send a CV and case list Strategize and prepare Meet with counsel Submit court reports Draft a detailed Q&A Meet with counsel AGAIN Practice and testify

17 The WHERE l Protection order hearings l Marital dissolution, child custody l Criminal defense, clemency proceedings l Criminal prosecution, bond hearings l Tort actions, failure to protect cases l Contract suits, administrative hearings l School disciplinary proceedings l Immigration, anywhere DV is an issue

18 WHAT basics will your testimony include? l your qualifications l who retained you and what the fee is; l whether you know or have met with any witnesses; l how you ve prepared for this trial; l definitions of numerous DV terms; l some statistics that highlight the impact of DV on American society;

19 WHAT other basics will your testimony include? (cont d) l dispelling myths about DV; l explaining why batterers abuse; l what the research states about how batterers and victims generally act; l methods abusers use to control victims (use the Power and Control Wheel); l lethality assessment ; l addressing why a battered woman stays with her abuser.

20 HOW quality control impacts the expert s testimony l In taking a case as a DV expert, decide: who do you work for? your DV shelter? the hiring attorney? the court? the client? l Is your testimony objective and educational? l Do the interests of an alleged DV victim impact your decision to testify? If so, will your testimony also be subjective and informed by the facts of the case?

21 comments? questions? Below are my final thoughts l The better your prep, the less likely you ll need to testify. l YOU know MUCH more about DV than anyone in that courtroom! l Call or me! I d love to hear from you: ; vickilutz1@gmail.com l The jurors, and I, appreciate what you are doing to help DV victims!

22 A few resources l For 15 DV expert witness webinars go to l The link for my 2016 and 2017 DV expert witness articles is: l For samples of a DV expert witness CV, retainer agreement, list of cases, invoice template, and/or Summary of Testimony, me at: vickilutz1@gmail.com