NCJ Number
86067
Date Published
1981
Length
19 pages
Annotation
Legal teams should think carefully and creatively about the use of expert testimony in spouse battering cases, paying attention to testimony that can be used and preparation, evaluation, and presentation techniques.
Abstract
Experts on battering have been qualified to testify before juries in many jurisdictions. When such testimony is offered, local rules and statutes regulating the admission of expert testimony must be carefully researched. Expert opinion on battering can break down stereotypes that interfere with jurors' ability to fairly assess the facts of a case. In addition, such testimony can address specific facts or events that may present problems for the defense by describing the frequency with which they occur in battering cases (e.g., defendant's failure to call the police). However, the decision to use expert psychological testimony must take into account potentially negative community attitudes toward such practitioners. Expert testimony is no substitute for thorough case analysis, investigation, and well-prepared testimony from the defendant. Psychologists, psychiatrists, social workers, family therapists, and marriage counselors may qualify as experts in such cases. There are two types of expert testimony on battering: one relies on diagnostic evaluation of the defendant; the other relies on general testimony about the nature of the problem. When testifying, the expert witness should always refer to the defendant by name, use simple lay language, and address answers to questions directly to the jury. Fifteen footnotes are provided.