Law Enforcement Legal Mental Health Social Services

Witness Intimidation and Forfeiture by Wrongdoing


Room B October 19, 2017 10:15 am - 11:45 am

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Mark Wynn

Witness Intimidation and Forfeiture by Wrongdoing

Mark Wynn

Nationally, prosecutors report that witness intimidation plays a role in 75% to 100% of violent crimes committed in gang-controlled neighborhoods and is nearly universal in all cases of domestic violence and other areas of abuse. The confrontation clause of the sixth amendment to the Constitution guarantees that in all criminal prosecutions, the accused shall have the right to be confronted by the witness. That right, which may benefit the offender, very often penalizes the victim. This workshop will discuss the history of witness intimidation and the origins of confrontation and will guide the participants through the Crawford vs. Washington case and how it has impacted prosecuting domestic violence incidents without the victim. Forfeiture by Wrongdoing will be discussed as the latest and best alternative to proving witness intimidation and dealing with the absent victim in court. A practical domestic violence case simulation will be conducted with the participants.

Objectives:

  • Increase participants knowledge of witness intimidation in family violence cases
  • Discuss Crawford Vs. Washington and learn how the case impacts prosecuting domestic violence incidents without victims
  • Learn how to apply information in a case simulation involving witness intimidation.