Witness Intimidation and Forfeiture by Wrongdoing

Nationally, prosecutors report that witness intimidation plays a role in 75% to 100% of violent crime committed in gang controlled neighborhoods and is near 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 lesson 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 the domestic violence incident 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.