Evidence Based Prosecution: Good or Bad




Rude, Doug

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Law Enforcement Management Institute of Texas (LEMIT)


Unfortunately, domestic/family violence cases occur daily. Domestic violence impacts more than just the specific victim, it impacts children in the household and society in general. Law enforcement can and will arrest the abuser when there are signs of physical abuse. However, many prosecutors will drop the criminal charge if the victim declines to testify and will not cooperate any further. A lot of times when cases are dropped the cycle of violence continues. Law enforcement and district/county attorneys should implement evidence-based prosecution. Evidence based prosecution does put more emphasis on the initial police investigation. The crime scene should be thoroughly investigated, and any additional witnesses need to be identified and interviewed. Police Officers can request an Emergency Protective Order as well. Once this is completed and there is enough evidence that a crime was committed, the domestic violence case will proceed through the court system without the involvement of the victim (if needed). Ultimately, this will keep the victim and the victim’s family safe for a limited time. Victim advocates will also be involved to help the victim obtain assistance and possibly counseling. Ultimately, the goal is for the victim to be empowered and begin to live a normal, healthy life in a productive atmosphere.



Criminal Investigation, Criminal Evidence