Forfeiture by Wrongdoing: A Tactical Response to Witness Intimidation in DV Cases

Senior Deputy Prosecuting Attorney David Martin joins us to discuss the many ways abusers silence their victims through intimidation tactics that are so subtle they are often overlooked by law enforcement and prosecutors. He takes us through his and Professor Amy Bonomi’s groundbreaking efforts to analyze recorded jail calls to better understand how these tactics play out in domestic violence cases and to train domestic violence advocates, law enforcement, and prosecutors to better identify it in their cases. Jennifer and David discuss investigative and legal techniques that can be used to uncover and respond to witness intimidation. They also discuss how prosecutors can counter defendants’ intimidation tactics designed to prevent victims and witnesses from participating and testifying in a criminal case through the use of forfeiture by wrongdoing, a doctrine analyzed in the U.S. Supreme Court Case, Giles v. California, involving a domestic violence homicide. Drawing from his extensive experience,, David offers insight, strategy, and real-world experience in holding abusers accountable and protecting victim safety.This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: ⁠The National Domestic Violence Hotline⁠, ⁠RAINN⁠, and ⁠Polaris⁠. If you'd like more info about AEquitas visit: https://aequitasresource.org/ or email us at: [email protected]. Follow AEquitas on Instagram @aequitas_resourceFor More Information:AEquitas has worked to uncovering and countering witness intimidation for over a decade. Expert resources are available on our website at AEquitas' Past Initiative Combating Witness Intimidation to Improve Victim and Witness Cooperative, Law Enforcement Investigation & Prosecution and lease reach out to AEquitas for the latest statutory compilation on Forfeiture by Wrongdoing across the U.S. If you’d like to read David’s and Amy's article, click here. For their book, click here.