Thursday, March 5, 2009

Domestic violence

Watching Larry King (not always a source of criminal law precedents) I learned that the US Supreme Court recently barred the use of statements by a victim of domestic violence in a trial for domestic assault.

So, if the personal assaulted complained to the police and then decided not to testify or, more likely, to say 'I don't recall', the prosecution collapses.

In Canada such statements are commonly admitted (they are called KGB Statements -- after a case and not the Soviet internal police). It is common for someone to be convicted of domestic violence even if the victim refused to testify.


James Morton

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