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"Attacking" the Victim at Trial

By Baker Associates

If you watch any high-profile trial involving a victim who has been sexually abused, physically abused, murdered, or otherwise attacked, you will likely see the defense introduce some evidence of questionable behavior or character on the behalf of the victim. Many onlookers see this as the attacking of the victim at trial, sometimes accusing the defense of "putting the victim on trial," but such a characterization is not at all true and is misleading as to the necessity and usefulness of offering evidence of the victim's misconduct at trial. Often offering such evidence is mandatory to a defendant's theory of defense (self-defense, consent, etc.) and failure to do so could subject the lawyer to punishment for violating his duty to be a zealous advocate for his or her client.continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on January 12, 2011 (boomark / email).