U.S. flag
      An official website of the United States government, Department of Justice.
        Here's how you know
      Here's how you know**Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
      **Secure .gov websites use HTTPS**
            
            A **lock** (
            A locked padlock
            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. Menu

      
        close

            
            
                                              About NIJ
        
                    
  
          About NIJ
      
    
          The NIJ Director
          How NIJ Is Organized
          Mission and Guiding Principles
          Research and Development Process
          Strategic Framework
          Assessments of NIJ
          Annual Reports & Reports to Congress
          Staff Directory
          Funding & Awards
        
                    
  
          Funding & Awards
      
    
          Current Funding
          Forthcoming Funding
          Expired Funding
          Awards: Listing of Funded Projects
          Guidance for Applicants and Awardees
          Fellowship & Student Programs
          Travel Scholarships
          NIJ Challenge Program
          Library & Multimedia
        
                    
  
          Library & Multimedia
      
    
          NIJ Journal
          Podcasts
          Publications Listing
          Multimedia Listing
          Rated Practices on CrimeSolutions
          Rated Programs on CrimeSolutions
          Software & Databases
          Datasets
          Patents
          Topics
        
                    
  
          Topics
      
    
          Article Listing
          Corrections
          Courts
          Crime Prevention
          Crimes
          Drugs and Crime
          Equipment and Technology
          Forensic Sciences
          Youth Justice
          Justice System Reform
          Law Enforcement
          Tribal Crime and Justice
          Victims of Crime
          Events
        
                    
  
          Events
      
    
          NIJ 2024 Research Conference
          Scheduled Events
          On-Demand Events
          Research Meetings & Workshops
          NIJ-Hosted Online Training

                            
                                About
          Contact Us
          Subscribe
          Topics A-Z
                  Share
FacebookXLinkedInRedditPinterestEmail Home
                            Library & Multimedia
 Prosecution Strategies in Domestic Violence Felonies: Anticipating and Meeting Defense Claims, Final Report
NCJ Number
              194075

Author(s)
          Carolyn C. Hartley;
                        Roxann Ryan
Date Published

1998
Length
              149 pages
Publication Series
          NIJ Research Report
Annotation
              This study identified the trial strategies of the prosecution and defense in domestic violence cases by examining the trial transcripts of 40 felony domestic-violence cases (21 murder cases and 19 non-murder cases) in Iowa between 1989 and 1995.
Abstract
              In addition to identifying general prosecution and defense strategies, the study also examined the extent to which prosecutors were able to present evidence of the context of the abusive relationship and history of prior violent acts in helping the fact-finders understand the current charge. Trial transcripts were scanned into computer files, edited, and analyzed by using the HyperResearch qualitative text analysis program. Three prosecution themes were present in every case: proof that the charged crime had occurred, proof that the defendant was responsible for this crime, and proof of the credibility of the state's evidence of the defendant's guilt. In proving the elements of the crime, prosecutors generally attempted to "tell the story" of the violence, sometimes by including a history of abuse in the relationship and other times focusing only on the violent offense charged. Most prosecutors sought to present some form of corroboration of the victim's account. Defense attorneys generally focused on one of four themes, although there was overlap in some cases: self-defense or provocation, showing that the offense warranted a lesser charge, diminished responsibility, and attempting to raise reasonable doubt that the defendant even committed the crime. The defense used a variety of strategies to pursue these themes. They included attempting to show that the relationships was fine; enhancing the character of the defendant; challenging prosecution evidence as faulty, misleading or inconclusive; and attacking the victim's character. With these strategies, the defense manipulated many common views of abuse dynamics and myths about domestic violence. In order to understand the potential implications of this exploitation of abuse dynamics and myths, the study drew upon research on how jurors make decisions about guilt or innocence in criminal trials. The "story model" of decision making in the trial procedure is the most well-developed model of jury decision making. If jurors accept the commonly held myths about domestic violence, they may "fill in the blanks" with an unrealistic view of the violent relationship, and their evaluation of the evidence may be skewed. Thus, jurors need information about the context of the abusive relationship, because domestic violence is not a commonly understood phenomenon that would make decision making routine for the jurors. Prosecutors must therefore enlighten jurors about the dynamics of abuse by "telling the story" of the abusive relationship. The use of expert testimony is the most direct method for achieving this. A discussion of the implications of the study findings focuses on the use of expert testimony in domestic violence cases, the refining of prosecution strategies and trial techniques, police training in investigative techniques in domestic violence cases, judicial training for such cases, and training for victim advocates. Research limitations are noted, and suggestions are offered for future research. 191 notes, 4 tables
      
  
          Additional Details
Grant Number(s)
        95-WT-NX-0003


  
  
        
  Agencies
        NIJ-Sponsored


  
  
        
  Publication Type
        Report (Study/Research)
    
  
  
Date Published: January 1, 1998
    
          Downloads
        
                      PDF

Related Datasets
        
                      http://dx.doi.org/10.3886/ICPSR02811
Side navigation
  

        

  
  
              NIJ Journal
    
      
            
            
            
      Podcasts
    
      
            
            
            
      Publications Listing
    
      
            
            
            
      Multimedia Listing
    
      
            
            
            
      Rated Practices on CrimeSolutions
    
      
            
            
            
      Rated Programs on CrimeSolutions
    
      
            
            
            
      Software & Databases
    
      
            
            
            
      Datasets
    
      
            
            
            
      PatentsRelated Topics
        
                Court Procedures
        Defense
        Defense services
        Domestic assault
        Expert Witnesses



  
Similar Publications
        
                      Body Fluid Identification Using a Targeted mRNA Massively Parallel Sequencing Approach - Results of a EUROFORGEN/EDNAP Collaborative Exercise
                  States' SORNA Implementation Journeys: Lessons Learned and Policy Implications
                  Assessing the Impact of State Human Trafficking Legislation on Criminal Justice System Outcomes
 Top

      National Institute of Justice

        
        
                        About NIJ
                    About NIJ
      
    
                  How NIJ Is Organized
      
    
                  NIJ Director
      
    
                  Research Disclaimer
      
    
                  Funding & Awards
                    Funding & Awards Home
      
    
                  Awards Listing
      
    
                  Current Funding
      
    
                  Guidance for Applicants and Awardees
      
    
                  Resources
                    Events
      
    
                  Podcasts
      
    
                  Publications
      
    
                  Topics
      
    
                  Multimedia
      
    
                  Reuse Policy
      
    
                  Contacts
                    Contact NIJ
      
    
                  Staff Directory
      
    
                  Submit a FOIA Request
      
    
                  File a Civil Rights ComplaintFacebook
          
                      X
          
                      YouTube
  

      810 7th St. NW, Washington, D.C. 20531
      
              Secondary Footer link menu
            Accessibility
              Plain Language
              Privacy Policy
              Legal Policies and Disclaimer
              No FEAR Act
              Freedom of Information Act
              USA.gov
              Justice.gov