Countering Witness Intimidation: Forfeiture by Wrongdoing
- OVW Approved?
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Yes
- Description
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Join us for the webinar Countering Witness Intimidation: Forfeiture by Wrongdoing, May 20, 2026, at 2pm ET / 11am PT. CLE credit is available!
Witness intimidation and manipulation factor into almost every domestic violence prosecution. Abusers engage in these tactics because they often work. When witness intimidation is successful, victims decline to participate in the prosecution, they minimize the abuse on the witness stand, or they testify on behalf of the abuser.
But what if we eliminate the payoff for the would-be intimidator? Coordinated efforts by police, prosecutors, and advocates in the form of safety planning, expedited prosecution, victim education, and other strategies can reduce the opportunities for intimidation, thereby increasing the likelihood that victims will feel safe testifying in court. And prosecution strategies, from charging intimidation-related offenses to filing motions to admit out-of-court statements by victims who have been intimidated into silence, can actually increase the likelihood of conviction and the penal consequences for the intimidator. This presentation will include a brief review of confrontation law under Crawford and its progeny and focus on forfeiture by wrongdoing as a solution in the case of witnesses who are unavailable for trial due to the offender’s wrongful conduct.
This presentation is supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the author(s) and do not necessarily reflect the views of the Department of Justice.