Domestic Violence - Forfeiture by Wrongdoing
This page presents a brief overview of the doctrine of forfeiture by
wrongdoing as it applies in domestic violence and other Utah criminal
defense cases. The doctrine of forfeiture by wrongdoing can
dramatically affect the strength of a prosecutor's case when there is a
witness who may be reluctant to testify or who is persuaded by another
not to testify. If you are facing criminal charges in Utah, contact us
today to see what the right attorney can do for you.
Utah Criminal Defense Issues - Doctrine of Forfeiture by
Wrongdoing
The doctrine of forfeiture by wrongdoing has been applied by Utah
courts in cases where a defendant (or someone acting at the direction
of or on behalf of the defendant) has engaged in wrongful conduct that
has resulted in the unavailability of a prosecution witness. Courts
have applied this doctrine in situations ranging in severity from the
actual murder of a witness to the a subtle threat that results in a
witness refusing to testify in court. In addition to evidence that the
defendant's wrongful conduct has resulted in the unavailability of a
witness, the doctrine generally requires evidence that the defendant
acted with the intent to make the witness unavailable.
The legal doctrine of "forfeiture by wrongdoing" can serve as an
exception to the evidentiary rules generally applicable to hearsay and
can function as a waiver of a defendant's Sixth Amendment right to
confront and cross-examine witnesses against him/her. The theory
underlying the doctrine is based on the idea that by
engaging in wrongdoing that results in the unavailability of a
witness/declarant, the defendant has forfeited the right to confront
that witness/declarant at trial. The result often is that prior
statements of the unavailable
witness/declarant may be admitted at trial even though the statements
would
otherwise constitute inadmissible hearsay.
The determination as to whether the doctrine of forfeiture by
wrongdoing should apply in any particular case is a determination that
should be made by the court outside the presence of the jury. Evidence
that a witness was killed by the defendant and evidence that a witness
is afraid to testify or is choosing to invoke a spousal or other
privilege based on threats made by the defendant may be very relevant
to the issue of whether the doctrine applies. But that same evidence
will often be irrelevant and extremely prejudicial to the defendant in
context of the charges that are filed in the main case.
Finding the Right Criminal Defense Attorney

If you
are facing prosecution in Utah for a domestic violence offense or other criminal charges, the
consequences
of a conviction can be serious. Having an
experienced criminal
defense attorney on your side can be vital.
Contact
us now to see what the right attorney can do for you.

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