Witness Tampering in Civil Criminal Family Violence Cases

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Witness Tampering in Civil & Criminal Family Violence Cases Clinical Professor Sarah Buel University

Witness Tampering in Civil & Criminal Family Violence Cases Clinical Professor Sarah Buel University of Texas School of Law sbuel@law. utexas. edu

In loving memory of Tamara Williams A life cut short too soon ~ her

In loving memory of Tamara Williams A life cut short too soon ~ her memory inspires us to strengthen & enhance our efforts to honor her & prevent.

Today Then, Your Action Plan I. III. IV. Stop Adult & Child Witness Tampering

Today Then, Your Action Plan I. III. IV. Stop Adult & Child Witness Tampering Use Forfeiture by Wrongdoing Compassionate Representation Offender Accountability

I. The Prevalence of Intimate Partner Violence (IPV) n 8 million women report physical

I. The Prevalence of Intimate Partner Violence (IPV) n 8 million women report physical abuse annually n 31% report lifetime prevalence n 4 IPV murders per day in U. S. n More prevalent among women than diabetes, breast cancer, and cervical cancer! n Women’s rights are human rights. . .

II. Astonishing Levels of Witness Tampering (WT) & Retaliation of Adults & Children n

II. Astonishing Levels of Witness Tampering (WT) & Retaliation of Adults & Children n Most common intimate partner violence (IPV) & child abuse crime, yet least raised, charged, prosecuted & sentenced.

IPV Victims INCREASINGLY TURN to COURTS for HELP, TOO OFTEN with POOR RESULTS because

IPV Victims INCREASINGLY TURN to COURTS for HELP, TOO OFTEN with POOR RESULTS because Δ’s WT SABOTAGES CJS + CREATES ↑ DANGER for victims.

A. WT = conduct intending to silence a witness *conduct need not be unlawful

A. WT = conduct intending to silence a witness *conduct need not be unlawful – think: Tony Soprano “I’ll make you an offer you can’t refuse. ”

B. Types of Witness Tampering n n n n Endearments Pleas for Forgiveness Bribery/

B. Types of Witness Tampering n n n n Endearments Pleas for Forgiveness Bribery/ Gifts Threats re: custody, physical harm New Assaults Court Manipulation Vexatious Over-Litiation 3 rd Parties Collusion

C. Necessary Lenses 1. 2. 3. 4. 5. 6. 7. 8. Age Culture, Race

C. Necessary Lenses 1. 2. 3. 4. 5. 6. 7. 8. Age Culture, Race Disabilities Faith Mental Health, Depression Sexual Orientation Substance Abuse Specific Issues of Survivor, Offender, Child

III. Collect Evidence of ALL Separation Violence & Witness Tampering n CUSTODY BLACKMAIL n

III. Collect Evidence of ALL Separation Violence & Witness Tampering n CUSTODY BLACKMAIL n CHILD SUPPORT THREATS n PROTRACTED LITIGATION n STALKING, THREATS, ASSAULTS n IMMIGRATION THREATS

 A. U. N. Universal Declaration on Human Rights (‘ 48) Article 5. .

A. U. N. Universal Declaration on Human Rights (‘ 48) Article 5. . No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. n How can we use human rights doctrine to better protect IPV victims & their children?

B. Rape as a Weapon of War n n n Democratic Republic of Congo

B. Rape as a Weapon of War n n n Democratic Republic of Congo (DRC): now 400 RAPES PER DAY reported to UN. Soldiers rape women in front of husband & public; husbands flee in shame; victims leave to seek medical help & soldiers take the land for minerals. Where is international outrage?

C. The Inter-American Commission on Human Rights (IACHR) n n Principal organ of the

C. The Inter-American Commission on Human Rights (IACHR) n n Principal organ of the OAS Mandate to protect & promote human rights in the Americas OAS CHARTER Article 106 There shall be an Inter-American Commission on Human Rights, whose principal function shall be to promote the observance and protection of human rights and to serve as a consultative organ of the Organization in these matters. 13

D. Castle Rock v. Gonzales, 125 S. Ct. 2796 (2005). 5 p. m. on

D. Castle Rock v. Gonzales, 125 S. Ct. 2796 (2005). 5 p. m. on same day batterer Simon Gonzales served with P. O. , he kidnapped his 3 daughters from their front yard. n 7: 30 p. m. – 1 a. m. Mom, Jessica Gonzales, calls Castle Rock P. D. 6 times begging them to find & arrest Simon for violating P. O. n At 3 a. m. , Simon Gonzales to the C Rk P. D. & shot at cops; they killed him. n The bodies of the three girls were found in his truck – they had been murdered by their Dad. n

LEXICON: MANDATORY DOESN’T REALLY MEAN MANDATORY? J. Scalia: “We do not believe that these

LEXICON: MANDATORY DOESN’T REALLY MEAN MANDATORY? J. Scalia: “We do not believe that these provisions of Colorado law truly made enforcement of restraining orders mandatory. ” (emphasis in original) Then cites 1980 ABA commentary regarding “statutes that cannot be interpreted literally. . . ” at *11

Rep. Kearns, at the 1994 hearings that led to the passage of mandatory arrest

Rep. Kearns, at the 1994 hearings that led to the passage of mandatory arrest law, said: “We want to send a strong message to those who violate restraining orders that they will be arrested. We want to protect the victims of domestic abuse and all crimes which people need restraining orders to protect themselves from…We are going to use every reasonable method necessary to ensure protection. ” Col. H, Recordings of Hearings, House Judiciary Committee (February 1 st 1994).

Castle Rock v. Gonzales, cont’d. n n n Justice Scalia also said Ms. Gonzales

Castle Rock v. Gonzales, cont’d. n n n Justice Scalia also said Ms. Gonzales could have filed for contempt. Really? Between 5: 30 p. m. and 1 a. m. ? S Ct cited concern for the cost to cities if they found for Ms. Gonzales. No options left? Ms. Gonzales opted to let us file her claim against the U. S. in the IACHR.

8 Legal Arguments to IACHR 1. The U. S. Has an Affirmative Obligation to

8 Legal Arguments to IACHR 1. The U. S. Has an Affirmative Obligation to Protect Rights Guaranteed by the American Declaration From Violation by the State, its Agents and Private Actors. 2. The U. s. Is Responsible For the Violation of Rebecca, Katheryn, Leslie, and Jessica Gonzales’ Rights to Life and Personal Security Protected Under Article I of the American Declaration.

Battered Women As Defendants n Battered women frequently receive harsh sentences, but are rarely

Battered Women As Defendants n Battered women frequently receive harsh sentences, but are rarely granted parole or clemency. n “ 80 -85% of women imprisoned in the U. S. attribute their incarceration to their association with their batterer. ” Nat’l Clearinghouse for Defense of Battered Women www. bwjp. org 19

What sort of flowers say, ‘I promise to obey the restraining order’? (=. .

What sort of flowers say, ‘I promise to obey the restraining order’? (=. . . Witness Tampering!) “ .

U. N. Universal Declaration on Human Rights (‘ 48) Article 4. No one shall

U. N. Universal Declaration on Human Rights (‘ 48) Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. • Human trafficking IS slavery. • Increasing # trafficking marriage cases.

C. Why Don’t Victims Just Leave? 1. 2. 3. 4. 5. Greater risk when

C. Why Don’t Victims Just Leave? 1. 2. 3. 4. 5. Greater risk when leaving abuser Threats, kids, no $, no job skills, self-blame 60% of women reported on-going psychological abuse in the form of threats & intimidation after separation 50% of all homeless women & children are fleeing from DV Welfare for you & 2 kids = $______ per mo.

Inaction promotes batterer’s sense of entitlement: n n “Do not ever physically resist me.

Inaction promotes batterer’s sense of entitlement: n n “Do not ever physically resist me. ” “Do not ever go anywhere without my permission. ” “Notorize this list of rules. ” “Wife will participate actively in sexual activities. Wife will maintain a weight of 115 lbs. No fast food or beef will be served & only distilled water. ”

D. Economic Empowerment 1. TANF/ welfare for Family of 3 per mo: Miss $170

D. Economic Empowerment 1. TANF/ welfare for Family of 3 per mo: Miss $170 - TN $ 185 - TX $223 Ill. $396 MI $489 - WA. $546 - CA. $679 2. Plan: house + car + job training + real job + counseling + medical care + glasses (Lion’s Club) + dentist + food.

U. S. women’s prisons are the site of some of the worst human rights’

U. S. women’s prisons are the site of some of the worst human rights’ violations in the world. Amnesty International Report, 2008

Michigan Women’s Justice & Clemency Project n n works to free women prisoners who

Michigan Women’s Justice & Clemency Project n n works to free women prisoners who were convicted of murder but who acted in self-defense against abusers & did not receive due process or fair trials; & to conduct public education & advocacy for justice, human rights and humane alternatives to incarceration for women. http: //www. umich. edu/~clemency/

III. Witness Tampering of Children Many batterers threaten & harm children. n Batterers’ willingness

III. Witness Tampering of Children Many batterers threaten & harm children. n Batterers’ willingness to use children as bargaining chips is termed “custody blackmail” to capture the coercion. n

… n 100’s witness tampering cases involve batterers’ direct harm to children as means

… n 100’s witness tampering cases involve batterers’ direct harm to children as means of influencing the abused parent. n Given that many who batter adult partners also harm kids, need ENHANCED PENALTIES FOR WITNESS TAMPERING OF CHILDREN.

IV. Ethical Dilemmas with Witness Tampering *Talk with client, opposing counsel & document

IV. Ethical Dilemmas with Witness Tampering *Talk with client, opposing counsel & document

A. When client offered bribe & desperately needs $$ 1. 2. 3. 4. 2

A. When client offered bribe & desperately needs $$ 1. 2. 3. 4. 2 x opposing counsel asks that we relay to our client that batterer will give her $$ if she does not testify against him in criminal case. We are clear this = bribe & witness tampering. Add tort claim to divorce. Both cases judge orders batterer to pay & victim can still testify if she wants to.

5. Batterer Accountability in Tort n n n Even if client gets $500 or

5. Batterer Accountability in Tort n n n Even if client gets $500 or $50 K, important to consider adding tort claim to divorce Unethical to ignore potential tort claims: claim & issue preclusion kick in & may prevent future action. See, Sarah M. Buel, Access to Meaningful Remedy: Overcoming Doctrinal Obstacles in Tort Litigation Against Domestic Violence Offenders, 83 OR. L. REV. 945 (Fall 2004).

B. Separation Violence & Witness Tampering n CUSTODY BLACKMAIL n CHILD SUPPORT THREATS n

B. Separation Violence & Witness Tampering n CUSTODY BLACKMAIL n CHILD SUPPORT THREATS n PROTRACTED LITIGATION n STALKING, THREATS, ASSAULTS n IMMIGRATION THREATS

C. Strategize response options with victim because unethical to ignore witness tampering. n n

C. Strategize response options with victim because unethical to ignore witness tampering. n n n Letter to defendant and his lawyer outlining why this conduct constitutes witness tampering, obstruction &/or retaliation + attach copy of law Report crime to police & DA If very dangerous, discuss client moving or going underground

V. Teach SAFETY PLANNING to Stay Alive Before, During & After WT n n

V. Teach SAFETY PLANNING to Stay Alive Before, During & After WT n n Unethical to see IPV clients and not engage in & teach safety planning Empower clients with agency to adapt safety plan depending on batterer conduct & changing circumstances. Especially critical for undocumented, convicted felon, and victims unable/ unwilling call police. Ask victim “what are you afraid of & how can we help? ”

A. Teach SAFETY PLANNING to Stay Alive Before, During & After WT n n

A. Teach SAFETY PLANNING to Stay Alive Before, During & After WT n n Unethical to see IPV clients and not engage in & teach safety planning Empower clients with agency to adapt safety plan depending on batterer conduct & changing circumstances. Especially critical for undocumented, convicted felon, and victims unable/ unwilling call police. Ask victim “what are you afraid of & how can we help? ”

B. Download & DISTRIBUTE free Adult & Youth Safety Plans + Bunny Bag Info:

B. Download & DISTRIBUTE free Adult & Youth Safety Plans + Bunny Bag Info: www. abanet. org/domviol = not copyrighted! Massively distribute in your community!

*Ensure Safety Planning covers: n n n n FAITH – what resources & support?

*Ensure Safety Planning covers: n n n n FAITH – what resources & support? RACE/ CULTURE – what issues are important for the victim and her kids? LANGUAGE – what are her skills? Need translator? IMMIGRATION – risk of deportation? LITERACY – need help learning to read? Other, e. g. depression, addiction, disability Give each V a calendar to keep track.

C. Safety Planning for Providers n n n Protective order laws should cover 3

C. Safety Planning for Providers n n n Protective order laws should cover 3 rd parties assisting victims What is YOUR safety plan? Does it address physical safety and mental health/ self-care?

David Merchant

David Merchant

VI. Child Harm + Tampering A. B. Community Safety Audit: How can you improve

VI. Child Harm + Tampering A. B. Community Safety Audit: How can you improve victim safety & offender accountability? U. N. Convention on Rights of Children: Only U. S. & Somalia have not adopted

C. Relief Nursery www. reliefnursery. org n n n n Crisis response for families

C. Relief Nursery www. reliefnursery. org n n n n Crisis response for families in urgent need Outreach for Isolated and/or New Families Therapeutic Early Childhood Classrooms Home Visits Alcohol & Drug Recovery Support Parent Education & Support Mental Health and Special Education Transportation and Basic Needs Assistance

Relief Nursery outcomes: n Child Abuse Reports: After 1 year with program, 95% of

Relief Nursery outcomes: n Child Abuse Reports: After 1 year with program, 95% of families receive no further reports. n Foster Care: 99% of the children require no foster care and are able to remain safely at home. n Healthy Development: 90% of the children are developing at age-appropriate levels and 10% receive special education services on-site. n Clean and sober life style: 85% of parents with a history of substance abuse who participate in the RN alcohol & drug recovery support program are still clean & sober 17 months after treatment.

D. Harlem Children’s Zone www. hcz. org n Founder Geoff Canada: "If your child

D. Harlem Children’s Zone www. hcz. org n Founder Geoff Canada: "If your child comes here, we guarantee we will get your child into college. We will be with your child from the moment they enter our school until they graduate from college. " n Promise Academy Baby College Pay youth $150 per month to do homework Raised $100 million with business plan 1 teacher for every 6 kids Extraordinary success rate! n n n

www. hcz. org n n Nearly all the children in HCZ live in poverty

www. hcz. org n n Nearly all the children in HCZ live in poverty — & 2/3 of them score below grade level on standardized tests. HCZ combines educational, social & medical services, from birth through college. 100% of the past 3 Harlem Gems (preschool) classes tested "school ready. " In ’ 05 only 11% of Promise Academy's 100 kindergartners initially tested above grade level, 80% had reached that point by the end of the school year.

www. hcz. org n n n Canada has a map with stickers where 110

www. hcz. org n n n Canada has a map with stickers where 110 HCZ alums in 2005 attended college. Canada encourages constant HCZ revisions to improve its reach & results. U. S. Dept of Ed now has ‘Promise Neighborhood’ grants available to replicate HCZ $500, 000 for 2 yr planning + 10 years of implementation funds!

E. Focus groups with kids of DV: Asked children: 1. “What are we doing

E. Focus groups with kids of DV: Asked children: 1. “What are we doing that helps? ” 2. “What are we doing that does not help? ” 3. “Has anyone scared you or told you not to tell? ” 4. “What else can we do to help? ” n n Based on kids’ responses, we’ve changed our interventions.

Kids at the Crime Scene or with Doctor, Lawyer, Teacher, Therapist: 1 st: Incident/

Kids at the Crime Scene or with Doctor, Lawyer, Teacher, Therapist: 1 st: Incident/ professional report must tell: # of kids living in home + # kids @ crime scene *program into police/ professional laptop/ computers *allows us to follow up with children

 2 nd: Talk with kids alone to find out what happened AND see

2 nd: Talk with kids alone to find out what happened AND see if witness tampering occurred *kids may be scared to talk with parents/ siblings present n

3 rd: Sit at child’s level n *kids reported all police > 10 feet

3 rd: Sit at child’s level n *kids reported all police > 10 feet tall…

4 th: Look for kids hiding in closets, under beds & under covers ü

4 th: Look for kids hiding in closets, under beds & under covers ü Take time for quick check of house ü Give “Kid Find” stickers to parents

th 5 : Go over safety plan *e. g. Ask which neighbor or teacher

th 5 : Go over safety plan *e. g. Ask which neighbor or teacher they could turn to for help

 Kid’s Safety Planning n n n Give every child a SAFETY PLAN Go

Kid’s Safety Planning n n n Give every child a SAFETY PLAN Go over PLAN often Teach them CALL 911 when danger Plan safe hiding place Plan which neighbor turn to

Teach Kids S. A. F. E. S = STAY OUT OF THE FIGHT n

Teach Kids S. A. F. E. S = STAY OUT OF THE FIGHT n A = ASK FOR HELP n F = FIND an ADULT WHO WILL LISTEN E = EVERYONE KNOWS IT’S NOT YOUR FAULT n

th 6 : Take photos to document children’s trauma e. g. 4 yr old

th 6 : Take photos to document children’s trauma e. g. 4 yr old sobbing with Teddy bear

7 th: Ensure Hearsay Exceptions Understood & Documented n n n Excited Utterances Statements

7 th: Ensure Hearsay Exceptions Understood & Documented n n n Excited Utterances Statements as to Physical Condition Statements as to Mental Condition n TEACH KIDS & VICTIMS TO CALL 911 WHEN IN DANGER

For info & TA relating to DV & Child Protection, call 1 -800 -52

For info & TA relating to DV & Child Protection, call 1 -800 -52 -PEACE # National Council of Juvenile & Family Court Judge’s Resource Center www. ncjfcj. org/dept/fvd

VII. Forfeiture n n n In response to WT, DOCTRINE of FORFEITURE by WRONGDOING

VII. Forfeiture n n n In response to WT, DOCTRINE of FORFEITURE by WRONGDOING evolved as equitable remedy = if Δ silences Victim (thru bribery, threats, violence), then he LOSES Right to OBJECT to Victim’s PRIOR STATEMENTS coming in at trial.

A. Forfeiture by Wrongdoing n “One who obtains the absence of a witness by

A. Forfeiture by Wrongdoing n “One who obtains the absence of a witness by wrongdoing forfeits the constitutional right to confrontation. ” Davis n Proof by a preponderance of evidence, n Can use HEARSAY.

B. Evidence to Prove Forfeiture n n n Jail mail - tell victims to

B. Evidence to Prove Forfeiture n n n Jail mail - tell victims to save all! Jail calls – booking calls, esp. near court settings Jail visitor logs - Did victim visit right after served with subpoena? Past contact with same victim Victim Statements to friends, doctors, therapists, co-workers, witnesses about fear.

Satisfying D’s 6 th Am Right to Confrontation n n Victim must be available

Satisfying D’s 6 th Am Right to Confrontation n n Victim must be available for cross: Available = in the witness chair If victim “cannot remember” = AVAILABLE If 6 th Am right satisfied, then hearsay is admissible without analysis under Crawford, Davis & Giles

C. De Facto Witness Tampering Ought to Trigger Forfeiture 1. 2. 3. 4. 5.

C. De Facto Witness Tampering Ought to Trigger Forfeiture 1. 2. 3. 4. 5. 6. Accord and Satisfaction Over-Litigiousness Borderline Criminal Conduct Relentless, Retaliatory Harassment Attorney Collusion Non-violent terror (think Tony Soprano)

VIII. Trilogy of Crawford, Davis & Giles have resulted in much confusion. A. Crawford

VIII. Trilogy of Crawford, Davis & Giles have resulted in much confusion. A. Crawford v. Washington ‘ 04 = 6 th Amendment requires opportunity to confront unavailable witness when testimonial statements are offered.

B. Davis v. Washington ’ 06 = n n n Statements NON-TESTIMONIAL if made

B. Davis v. Washington ’ 06 = n n n Statements NON-TESTIMONIAL if made to GOVT AGENT whose “primary purpose is enable police assistance to meet on-going emergency” vs. TESTIMONIAL if purpose to establish past events relevant to later criminal prosecution. ” In dissent, J. Thomas notes, officers often BOTH securing crime scene & collecting evidence.

In Davis, Justice Scalia acknowledged n n n domestic violence is “NOTORIOUSLY SUSCEPTIBLE TO

In Davis, Justice Scalia acknowledged n n n domestic violence is “NOTORIOUSLY SUSCEPTIBLE TO INTIMIDATION OR COERCION OF THE VICTIM TO ENSURE THAT SHE DOES NOT TESTIFY AT TRIAL. ” But this recognition is absent from his confrontation paradigm. Use this language in arguments!

C. Giles v. Calf. ’ 08 = n if state wants to admit victim’s

C. Giles v. Calf. ’ 08 = n if state wants to admit victim’s past statements, must prove def’s motive for murder was to silence victim. n PROBLEM after Giles: Δs not only INCENTIVIZED to make Victims unavailable, but now REWARDED for doing so. . . BEC LOSS of Victim stmts usually fatal to case.

D. Matters To Whom Statement Made: n Law Enforcement probably testimonial unless to secure

D. Matters To Whom Statement Made: n Law Enforcement probably testimonial unless to secure safety of victim & officer n Medical/ mental health provider; should not be testimonial as per J. Scalia in Giles n Civilian = non-testimonial e. g. , friend, family, acquaintance co-worker, witnesses

OTHER ADMISSIBLE HEARSAY LIKELY NON-TESTIMONIAL n Present Sense Impression (e. g. , “My head

OTHER ADMISSIBLE HEARSAY LIKELY NON-TESTIMONIAL n Present Sense Impression (e. g. , “My head hurts where batterer hit me!”) n Statements for Purposes of Medical Diagnosis (SANE) (“Patient sustained contusions under left eye. . . ”) n Medical Records have victim sign medical release at scene; should be space on police incident report form.

IX. My Proposal: n n OFFENDER CONDUCT CAUSING Victim NOT TO TESTIFY SHOULD RESULT

IX. My Proposal: n n OFFENDER CONDUCT CAUSING Victim NOT TO TESTIFY SHOULD RESULT IN Δ FORFEITING Right to CONFRONT WHERE REASONABLY FORSEEABLE that CONDUCT SILENCE WITNESS.

 How Apply Standard of “INTENT TO SILENCE” VICTIMS: A. 1. 2. 3. 4.

How Apply Standard of “INTENT TO SILENCE” VICTIMS: A. 1. 2. 3. 4. Document FULL HISTORY of ABUSE, including isolation & threats Document all conduct indicative of WITNESS TAMPERING ALL coercion, threats, promises, harm Identify potential WITNESSES Use an EXPERT in difficult cases

B. My Proposal re: The Intent to Silence Case Factors triggering INFERENCES 1. 2.

B. My Proposal re: The Intent to Silence Case Factors triggering INFERENCES 1. 2. 3. 4. 5. 6. 7. Murder Pending Legal Proceeding Present Protective Order Classic Abusive Relationship Recantation Mixed Purpose Context

1. Murder Infers Intent n n n In Giles, Justice Scalia states that when

1. Murder Infers Intent n n n In Giles, Justice Scalia states that when an abusive relationship ends in murder, “. . . the evidence may support a finding that the crime expressed the intent to isolate the victim and to stop her from reporting abuse to the authorities or cooperating with a criminal prosecution— rendering her prior statements admissible under the forfeiture doctrine. ” at 2693 (emphasis added).

Murder because n n it’s reasonably forseeable killing witness guarantees silence; essential REMEDY not

Murder because n n it’s reasonably forseeable killing witness guarantees silence; essential REMEDY not limited to murder bec AMA says PROXIMITY TO TRAUMA CTR = #1 DETERMINANT of whether live or die; many attempted murder cases where only twist of fate permits victim to live; STALKING, THREATS, A & B CAUSE HORRIFIC PSYCHIC & PHYSICAL HARM to victims & SHOULD NOT BE DISCOUNTED. e. g. , visit from Tony Soprano

2. Pending Criminal Proceeding n n Preventive or retaliatory animus of Δ In Giles,

2. Pending Criminal Proceeding n n Preventive or retaliatory animus of Δ In Giles, Justice Scalia said “. . . evidence of ongoing criminal proceedings at which the victim would have been expected to testify. . . is highly relevant to this inquiry. ”

Pending criminal proceeding because. . . n Time between a defendant’s unlawful conduct and

Pending criminal proceeding because. . . n Time between a defendant’s unlawful conduct and a legal proceeding could support a prima facie case for witness tampering. n CAN REASONABLY CONCLUDE THAT defendant intended to PREVENT victim testimony or RETALIATE because he had NOTICE about prohibited conduct.

3. Present Protective Order because n n n Δ AFFORDED DUE PROCESS NOTICE ;

3. Present Protective Order because n n n Δ AFFORDED DUE PROCESS NOTICE ; CT FOUND IPV OCCURRED &/OR LIKELY OCCUR FUTURE; legislative intent of protective order laws is to prevent further harm to IPV victims and create a rational mechanism for enforcement.

4. Classic Abusive Relationship PRIOR ABUSE AS INTENT n SCALIA: said @ end of

4. Classic Abusive Relationship PRIOR ABUSE AS INTENT n SCALIA: said @ end of decision, evidence of a defendant’s prior abuse may be admissible if it “expressed the intent” to prevent a victim’s testimony, “where such an abusive relationship culminates in murder. ” n

Prior Abuse as Intent n n Giles said, “Earlier abuse, or threats of abuse,

Prior Abuse as Intent n n Giles said, “Earlier abuse, or threats of abuse, intended to dissuade the victim from resorting to outside help would be highly relevant to this inquiry, as would evidence of ongoing criminal proceedings at which the victim would have been expected to testify. ” at 2693.

In his Giles dissent, Justice Breyer emphasizes that n permitting presumptive intent with a

In his Giles dissent, Justice Breyer emphasizes that n permitting presumptive intent with a history of abuse does not constrain a defendant’s evidentiary protections, but “simply lowers a constitutional barrier to admission of earlier testimonial statements; it does not require their admission. ” n at 2700 (Stevens, J. and Kennedy, J. join dissenting)

Classic Abusive Relationship, cont’d. n n n Justice Souter’s concurrence intent to silence should

Classic Abusive Relationship, cont’d. n n n Justice Souter’s concurrence intent to silence should be inferred with proof of a “classic abusive relationship” + argues that there is no basis to suspect framers would have disagreed with the inference that forfeiture’s requisite intent could be met with evidence of a “classic abusive relationship”.

Classic Abusive Relationship, cont’d. n n J. Souter adds, “If the evidence for admissibility

Classic Abusive Relationship, cont’d. n n J. Souter adds, “If the evidence for admissibility shows a continuing relationship of this sort, it would make no sense to suggest that the oppressing defendant miraculously abandoned the dynamics of abuse the instant before he killed his victim, say in a fit of anger. ” . . . OF WHICH OBSESSIVE CONTROL IS A HALLMARK TRAIT.

Proof of Classic Abusive Relationship with Defendant’s Prior Conduct: n n n Evidence of

Proof of Classic Abusive Relationship with Defendant’s Prior Conduct: n n n Evidence of prior acts with the complaining witness can directly bolster the complaining witness's testimony by providing significant corroboration; when used for such a purpose, this evidence is admissible and not considered propensity evidence. State v. Dietrich, 204 P. 3 d 748 (2009).

Prior Bad Acts, cont’d. n n Witness testimony regarding past incidents of domestic violence

Prior Bad Acts, cont’d. n n Witness testimony regarding past incidents of domestic violence between defendant and victim was relevant to show absence of mistake regarding victim's injuries. State v. Romero, 139 N. M. 386, 133 P. 3 d 842 (2006), certiorari granted 139 N. M. 429, 134 P. 3 d 120, affirmed 141 N. M. 403, 156 P. 3 d 694, rehearing denied, certiorari dismissed 128 S. Ct. 976, 169 L. Ed. 2 d 799. Criminal Law 371(1)

Proving Intent, Malice, Premeditation & Defendant’s State of Mind n n Evidence of 2

Proving Intent, Malice, Premeditation & Defendant’s State of Mind n n Evidence of 2 prior unconvicted charges for assault were relevant and admissible to establish motive for murder - evidence of old threats relevant to show malice, premeditation and defendant's state of mind. State v. Smith, 868 S. W. 2 d 561 (Tenn. 1994) (emphasis added).

State’s law re: prior bad acts: n n People v. Sims, 110 A. D.

State’s law re: prior bad acts: n n People v. Sims, 110 A. D. 2 d 214, 494 N. Y. S. 2 d 114 (1985) evidence of prior abuse admissible to prove absence of mistake; Wetta v. State, 217 Ga. App. 128, 456 S. E. 2 d 696 (1995) testimony by defendant's prior girlfriend that he abused her as well was admissible to show defendant's state of mind.

… n People v. Hawker, 626 N. Y. S. 2 d 524 (1995) allowing

… n People v. Hawker, 626 N. Y. S. 2 d 524 (1995) allowing children’s testimony in murder case who witnessed the defendants' prior assaults on their mother to show motive, intent, and that murder was continuation of pattern rather than merely product of self defense; n State v. Grubb, 111 Ohio, N. E. 2 d 1353 (1996) former wife's testimony admissible to prove intent and lack of accident, where defendant was charged with domestic violence and claimed injuries were accidental.

Proving Intent n n “Many states allow prior misconduct evidence in domestic violence cases

Proving Intent n n “Many states allow prior misconduct evidence in domestic violence cases as probative of intent, to rebut allegations by the defendant that the injuries suffered by the victim were the result of a mistake. ” Robertson v. State, 780 So. 2 d 94, 103 (2000). District Court of Appeal of Florida, Third District.

5. Recantation n n Several courts have found that when a victim recants her

5. Recantation n n Several courts have found that when a victim recants her earlier story of abuse, prior domestic violence between the parties is “relevant to show the trier of fact the context of the relationship between the victim and defendant, where. . . that relationship is offered as a possible explanation for the victim’s recantation. ” Often due to duress; ask victim. . .

6. Mixed Purpose as Intent n Still forfeiture if Δ had other motives “[D]efendant's

6. Mixed Purpose as Intent n Still forfeiture if Δ had other motives “[D]efendant's intent need not have been solely to prevent the declarant from testifying. ” State v. Ivy (TN) & Gonzalez v. State (TX) n Case law supports notion that intent to silence need only be 1 of MANY MOTIVATIONS n

7. Context ~Totality of Circumstances n n Cumulative Evidence Circumstantial Evidence = COMPLETE HISTORY

7. Context ~Totality of Circumstances n n Cumulative Evidence Circumstantial Evidence = COMPLETE HISTORY of ABUSE + INCIDENT TOTALITY of CIRCUMSTANCES 1 factor may seem inconsequential, but viewed as part of Δ’s pattern of abuse = intent to silence

State v. Casillas, 145 N. M. 783, 205 P. 3 d 830, (2009). n

State v. Casillas, 145 N. M. 783, 205 P. 3 d 830, (2009). n n n Defendant was living with his girlfriend and her 4 children. M. R. (Victim) told her mother that Defendant had molested her on 5 occasions between when Mom at work. Def convicted 2 counts of criminal sexual penetration in 1 st degree (child under 13), 5 counts of criminal sexual contact in the 2 nd degree (child under 13), and 1 count of criminal sexual contact in the 3 rd degree (child under 13).

Enlisting 3 rd Party to Intimidate: n n n Tape-recorded telephone conversations between defendant

Enlisting 3 rd Party to Intimidate: n n n Tape-recorded telephone conversations between defendant & murder suspect in which defendant agreed to attend suspect's trial in order to intimidate witness from testifying against suspect were sufficient to support conviction for conspiracy to intimidate witness. State v. Martinez, 143 N. M. 428, 176 P. 3 d 1160 (2007).

4. Necessity of Context n n n Most often, the abuser’s on-going coercive behavior

4. Necessity of Context n n n Most often, the abuser’s on-going coercive behavior is the direct cause of the victim not appearing for trial. State should be permitted to use explicit, implicit, and circumstantial evidence to prove that the batterer caused a witness’s unavailability. Similar to ‘continuing tort’ doctrine

A. Strategize response options with victim because unethical to ignore witness tampering. n n

A. Strategize response options with victim because unethical to ignore witness tampering. n n n Letter to defendant and his lawyer outlining why this conduct constitutes witness tampering, obstruction &/or retaliation + attach copy of law Report crime to police & DA If very dangerous, discuss client moving or going underground

D. Cultural Competence 1. 2. 3. 4. Staff reflect rich diversity Ensure on-going training

D. Cultural Competence 1. 2. 3. 4. Staff reflect rich diversity Ensure on-going training Address disproportionate arrest, prosecution & incarceration of adults & youth of color Ensure community ed materials reflect rich diversity

E. Stalking Kit to high-risk victim with: SAFETY PLAN; 2. Calendar; 3. Cell phone

E. Stalking Kit to high-risk victim with: SAFETY PLAN; 2. Calendar; 3. Cell phone to access 911; 4. Disposable camera; 5. Micro-cassette recorder; 6. Steno pad with pen; and 7. Flashlight. * In Troy, NY Radio Shack donated these & Pittsburg Bd. of Realtors donated them. 1.

G. Help Victims Report Witness Tampering AND Be Safe n Atty. Casey Gwinn reports

G. Help Victims Report Witness Tampering AND Be Safe n Atty. Casey Gwinn reports that the San Diego’s Family Justice Center WRAPS VICTIMS IN SERVICES & this dramatically increased their safety.

1. Ask the right questions: n n Not “if” victim is recanting but “why”

1. Ask the right questions: n n Not “if” victim is recanting but “why” Can we make it safe for victim to testify? What will victim’s testimony be? How can I convey to court that victim is being threatened/ coerced without her testimony?

2. Right Questions for Prosecutor: n Has a crime occurred? n Can I prove

2. Right Questions for Prosecutor: n Has a crime occurred? n Can I prove a crime occurred? n Should I prove the crime occurred? n Adapted from ADA Dana Nelson, Travis Co. (TX)

. Change Process, Prochaska & De. Clemente Research 1. 2. 3. 4. 5. 6.

. Change Process, Prochaska & De. Clemente Research 1. 2. 3. 4. 5. 6. PRECONTEMPLATION: unaware or under- aware of problem; in denial. CONTEMPLATION: consider action, but may blame others, procrastinate or make excuses. PREPARATION: make specific plan for action. ACTION: overt change effort. MAINTENANCE: sustain effort & avoid relapse. RELAPSE: repeat of undesired behavior & may return to earlier stages.

D. Talk to Recanting Victim 1. 2. 3. 4. 5. 6. I’m afraid for

D. Talk to Recanting Victim 1. 2. 3. 4. 5. 6. I’m afraid for your safety. I’m afraid for the safety of your children. It will only get worse. Contact us anytime for help. You don’t deserve to be abused. How can I/we help?

E. Project Options, Travis County Any victim dropping protective order must attend 2 Classes:

E. Project Options, Travis County Any victim dropping protective order must attend 2 Classes: 1. Criminal Justice Options 2. Community Resources: $$ + Safety Planning n Taught by trained volunteers n Assumption that duress &/or lack of knowledge about options cause dropping case n MUST discuss w victim & be clear she can return n

F. Economic Empowerment 1. TANF Family of 3: Miss $120 – TN $185 TX

F. Economic Empowerment 1. TANF Family of 3: Miss $120 – TN $185 TX $213 GA. $280 – N. H. $550 – N. Y. $577. 2. Plan: house + car + job training + real job + counseling + medical care + glasses (Lion’s Club) + dentist + food. . .

G. INSIST ON FULL PROTECTIVE ORDER * Unethical to leave guns with batterers DISPOSSESSION

G. INSIST ON FULL PROTECTIVE ORDER * Unethical to leave guns with batterers DISPOSSESSION of WEAPONS: n n n If the person found in possession of a weapon is convicted of an offense involving the use of a weapon, the court entering judgment of conviction must order destruction of the weapon or forfeiture to the state for use by the law enforcement agency holding the weapon.

X. Experts n DV Basics – Lethality assessments, power/control safety issues, recantation, why women

X. Experts n DV Basics – Lethality assessments, power/control safety issues, recantation, why women stay, tactics of control, effects of separation, characteristics of batterers. n Effects of DV on Children – why a battering parent would still be a bad parent even after couple separates, intergenerational nature of abuse, nexus between child abuse and domestic violence. n Effects of DV on Client’s Ability to Work or Stability – why she is in shelter, has moved several times, couldn’t hold down her job, batterer’s affect on the victim’s parenting.

A. Experts can help with victim “problems” - - Can explain use of drugs

A. Experts can help with victim “problems” - - Can explain use of drugs or alcohol Why complicit in batterer’s illicit activities Prostitution Issues with children Defensive actions taken for which she was arrested How true victim ended up in BIPP

B. Can Also Use Expert For Non-Courtroom Issues • Help attorney understand client’s behavior

B. Can Also Use Expert For Non-Courtroom Issues • Help attorney understand client’s behavior • Help interview victim • Develop strategy • Evaluate batterer • Link to Support Services • Jury Selection in tort & other cases

XI. Role of Healthcare More victims turn to healthcare providers than any other professional

XI. Role of Healthcare More victims turn to healthcare providers than any other professional & what you do makes a huge difference! n Universal Screening n Thorough Medical Records n SAFETY PLANNING n

A. UNIVERSAL SCREENING n “HAVE YOU BEEN HIT or SCARED SINCE THE LAST TIME

A. UNIVERSAL SCREENING n “HAVE YOU BEEN HIT or SCARED SINCE THE LAST TIME I SAW YOU? ” If patient says, “No, ” but you see indicia of abuse, say: “I understand you may not want to talk to me about this, but usually when I see injuries like yours, it’s because the patient is being hurt by her partner. I want to give you this SAFETY PLAN & the national hotline number: n #1 -800 - 799 - SAFE

Dr. Richard Jones, Hartford Ob-Gyn; past president ACOG Says when he conducted universal screening,

Dr. Richard Jones, Hartford Ob-Gyn; past president ACOG Says when he conducted universal screening, he identified several victims per week vs. per year!

Screen for STRANGULATION: 1. 2. 3. 4. Strangled with object? Belt? Plastic bag? Bikini

Screen for STRANGULATION: 1. 2. 3. 4. Strangled with object? Belt? Plastic bag? Bikini top? For how long? Did you black out or lose consciousness? How often has this happened?

SAN DIEGO STRANGULATION STUDY by George Mc. Clane, M. D. and Gael Strack, J.

SAN DIEGO STRANGULATION STUDY by George Mc. Clane, M. D. and Gael Strack, J. D. n n 42% of STRANGULATION CASES WITH SERIOUS INTERNAL INJURIES HAD NO EXTERNAL SIGNS. 11 lbs. of pressure placed on carotid arteries for 10 seconds can cause unconsciousness. n To completely close off the trachea, 3 x as much pressure (33 lbs. ) is required. n Brain death will occur in 4 -5 minutes if strangulation persists.

San Diego Strangulation Study, cont’d. n Often, police failed to document strangulation symptoms like

San Diego Strangulation Study, cont’d. n Often, police failed to document strangulation symptoms like nausea, vomiting, defecation, hyperventilation, loss of consciousness, loss of memory, uncontrollable shaking and miscarriage. n 10% of violent deaths every year in U. S. due to strangulation, with 6 females to every male.

Signs & Symptoms 1. Symptomatic voice changes will occur in up to 50% of

Signs & Symptoms 1. Symptomatic voice changes will occur in up to 50% of victims; may be as mild as hoarseness (dysphonia) or severe as loss of voice (aphonia). 2. Swallowing changes & pain are due to injury of the larynx cartilage &/or hyoid bone.

Signs & Symptoms, cont’d. 3. Breathing changes may initially appear to be mild, but

Signs & Symptoms, cont’d. 3. Breathing changes may initially appear to be mild, but underlying injuries may kill the victim up to 36 or more hours later due to decompensation of the injured structures. 4. Restlessness & combativeness may be due to temporary brain anoxia &/or severe stress reaction. 5. Miscarriage may occur within 36 hrs.

Signs & Symptoms, cont’d. 3. Breathing changes may initially appear to be mild, but

Signs & Symptoms, cont’d. 3. Breathing changes may initially appear to be mild, but underlying injuries may kill the victim up to 36 or more hours later due to decompensation of the injured structures. 4. Restlessness & combativeness may be due to temporary brain anoxia &/or severe stress reaction. 5. Miscarriage may occur within 36 hrs.

B. Direct Health Impact on Adult & Teen Victims n n n n Acute

B. Direct Health Impact on Adult & Teen Victims n n n n Acute Trauma and Death Chronic pain Headaches Fatigue Depression Anxiety Suicidal ideation/ attempt ü STD’s ü Pregnancy complications ü Alcohol/ substance abuse ü Chronic abdominal pain ü Central nervous & cardiac symptoms

C. Impact of IPV on Children n n n Injury, trauma & child abuse

C. Impact of IPV on Children n n n Injury, trauma & child abuse Fear Depression Anxiety Suicidal tendencies Sleeplessness • Psychosomatic symptoms • Withdrawal • Low self-esteem • Risk for asthma, colds and flu • Eating disorders • Impact on early brain development

D. What core cultural issues should healthcare providers consider when providing care to those

D. What core cultural issues should healthcare providers consider when providing care to those of other cultures?

1. American Muslim Population n Islam is fastest growing religion in the world, with

1. American Muslim Population n Islam is fastest growing religion in the world, with 1. 5 billion followers. n Healthcare practitioners must understand Islam because it dictates your patient’s way of life. n Islamic customs influence everything in life from personal hygiene to socialization patterns. Matar NI. Islam for Beginners. 1992; p. 51 -5.

2. Cultural & Religious Requirements & Preferences that Impact Clinical Care: Staff gender: n

2. Cultural & Religious Requirements & Preferences that Impact Clinical Care: Staff gender: n Muslim & Arab American women generally prefer female healthcare providers. n If not possible, ask if having a female relative in the room will make her more comfortable. n Strictly observant Muslim women may refuse treatment by a male provider regardless of the urgency for care.

Human Sexuality: n n n Intimate examinations permissible for married women, but not for

Human Sexuality: n n n Intimate examinations permissible for married women, but not for never-married patients; Such exams might compromise a female’s virginal status, which could have grave implications for her future. May be offended by questions about sexually transmitted diseases. Hammoud, et al. (2005).

XII. Role of Educators Mandatory Reporting of Child Abuse: Ensure school protocol immediately refers

XII. Role of Educators Mandatory Reporting of Child Abuse: Ensure school protocol immediately refers case to police. 1. School should NOT investigate or alert suspects; A. 2. District should have written policy that prioritizes CHILD safety.

B. Higher Ed Handling of IPV ~ Ensure: 1. 2. 3. 4. 5. 6.

B. Higher Ed Handling of IPV ~ Ensure: 1. 2. 3. 4. 5. 6. Written policy for IPV involving students, faculty & staff Mechanism for educating all about IPV policy Group & individual counseling Data collection College-wide, active Task Force Serious treatment of IPV crimes

C. Integration of Social Justice Into Curriculum & School 1. 2. 3. 4. 5.

C. Integration of Social Justice Into Curriculum & School 1. 2. 3. 4. 5. 6. Teach historical, social, legal, political, human rights & all aspects Include in class discussions & exams Invite scholars & practitioners to speak Encourage student organizations to address IPV & volunteer Co-sponsor IPV conferences Put SAFETY PLANS in bathrooms

XIII. How to help battered women defendants n n n Identify those incarcerated who

XIII. How to help battered women defendants n n n Identify those incarcerated who need & “deserve” this help Establish multi-disciplinary team/ committee Include advocates in deciding who is “deserving” Read case files & investigate Learn pardon & parole process 126

Mich. Wom’s Def & Clemency Project recommends: n n n Self Defense Law should

Mich. Wom’s Def & Clemency Project recommends: n n n Self Defense Law should reflect women's experience, esp battered women survivors. Sentencing guidelines should mitigate sentences of battered women survivors. Mandatory education on domestic violence should be required for all judges, prosecutors, police, parole board, correctional personnel. End 4 point chaining and other torture in Michigan prisons. www. umich. edu/~clemency/

F. 6 Things to Say to a Victim 4. I am afraid for your

F. 6 Things to Say to a Victim 4. I am afraid for your safety. I am afraid for your children’s safety. It will only get worse. We are here for you when you are ready. 5. You don’t deserve to be abused. 6. How can I help? 1. 2. 3.

What you can do: 1. 2. 3. 4. 5. Send $10 (or $10 K)

What you can do: 1. 2. 3. 4. 5. Send $10 (or $10 K) to anti-violence program Educate self on IPV, child abuse & Human Rights info, then speak it Research, write & teach these issues Let feds know U. N. Convention on Rights of the Child (CRC) should be adopted Let feds know U. N. Convention to End Discrimination Against Women (CEDAW) should be adopted

6. Massively Distribute Safety Plans n n n In the courthouse & police station

6. Massively Distribute Safety Plans n n n In the courthouse & police station waiting areas & bathrooms In libraries, schools, stores, laundromats, community agencies Offices of doctors, lawyers, professionals Distributed by police at every crime scene Where else?

*Safety Plan Distribution n n Charlotte, S. C. Bar : water & electric company

*Safety Plan Distribution n n Charlotte, S. C. Bar : water & electric company mailed to every customer Kroger Supermarkets put them throughout stores & with paychecks Sun Trust Banks put them next to deposit slips, in bathrooms & with paychecks David Chapel Missionary Baptist Church put in all bathrooms & Pastor Parker’s sermons

7. “MEN CAN” Billboard Campaign n FREE & not copyrighted n Austin: on side

7. “MEN CAN” Billboard Campaign n FREE & not copyrighted n Austin: on side of buses n Philly: on billboards & posters

Must educate community: “Men Can” Campaign on Billboards & Side Austin Buses www. instituteforsafefamilies.

Must educate community: “Men Can” Campaign on Billboards & Side Austin Buses www. instituteforsafefamilies. org

Resources n n n American Bar Association’s Commission on Domestic Violence: www. abanet. org/domviol

Resources n n n American Bar Association’s Commission on Domestic Violence: www. abanet. org/domviol Battered Women’s Justice Project: 1 of Nat’l Resource Centers on legal issues: www. bwjp. org or 1 -800 -9030111 National Council of Juvenile & Family Court Judges 1800 -52 -PEACE www. ncjfcj. org National Center on Domestic & Sexual Violence www. ncdsv. org www. mincava. umn. edu/bibs. bibkids. html invaluable database Nat’l Family Justice Center Alliance www. familyjusticecenter. org

www. mincava. umn. edu/bibs. bibkids. html n n n Extensive collection of articles &

www. mincava. umn. edu/bibs. bibkids. html n n n Extensive collection of articles & links Correlation DV & Child Abuse; Child Witnesses to DV; Research & Model Interventions Run by Prof. Jeffrey Edelson, U of MN e. g. Understanding sexual violence: Prosecuting adult rape and sexual assault cases, 63 pg. manual, free from www. mincava. umn. edu

Resources n n n Sarah Buel: sbuel@law. utexas. edu National Coalition Against Domestic Violence

Resources n n n Sarah Buel: sbuel@law. utexas. edu National Coalition Against Domestic Violence www. ncadv. org ACOG: www. acog. org AMA: www. ama. org ANA: www. ana. org (Am Nurses Assoc. ) APA: www. apa. org (Am Psycholog Assoc)

Articles n n n n Elaine Alpert, David Shannon, Alisa Velonis, Maura Georges &

Articles n n n n Elaine Alpert, David Shannon, Alisa Velonis, Maura Georges & Rachel Rich, Family Violence and Public Health Education, 8 VIOL. AG. WOMEN 746 (2002). Elaine Alpert, AE Topnkin, AM Seeherman, HA Holtz, Family Violence Curricula in US Medical Schools, 14 AM J PREV. MED. 273 (1998). PM Cullinane, Elaine J Alpert, Karen M Freund, First year medical students’ knowledge of, attitudes toward, and personal histories of family violence, 72 ACAD. MED. 48 (1997). MP Koss, R. Johnson, J. Koziol-Mc. Lain, SR Lowenstein, Domestic Violence Against Women: Incidence & Prevalence in an Emergency Dept Population, 273 JAMA 1763 (1995). Judith Mc. Farlane et al. , Abuse During Pregnancy and Femicide: Urgent Implications for Women’s Health, 100 Obstetrics & Gynecology 27, 27 (2002). Akca Toprak Ergonen, Serppil Salacin, Sevgi Karademir, Yucel Gursel & Berna Musal, A Domestic Violence Course for Medical Students: A Study on Its Effectiveness, 22 J. FAM. VIOL. 441 (2007). Gail Garfinkel Weiss, Yes, you can make a difference, MEDICAL ECONOMICS 40 (Oct. 23, 2000).

Articles by Sarah Buel n n n Putting Forfeiture to Work, U. C. Davis

Articles by Sarah Buel n n n Putting Forfeiture to Work, U. C. Davis L. Rev. (Spring 2010). Ch. 28 Obstacles and Remedies for Criminal and Civil Justice for Victims of Intimate Partner Violence and Ch. 29 Medical and Forensic Documentation in INTIMATE PARTNER VIOLENCE: A HEALTH BASED PERSPECTIVE (Oxford University Press: Int’l Release May 2009). Do Ask and Do Tell: Rethinking the Lawyer’s Duty to Warn in Domestic Violence Cases, 75 U. of Cincinnati L. Rev. 447 (Winter 2006) (with Margaret Drew). Access to Meaningful Remedy: Doctrinal Obstacles in Tort Litigation Against Domestic Violence Offenders, 83 OREGON L. REV. 945 (Fall 2004). Effective Assistance of Counsel for Battered Women Defendants: A Normative Construct, 26 HARV. WOMEN'S L. J. 217 (Spring 2003).

Articles by Sarah Buel, cont’d: n n n The Pedagogy of Domestic Violence Law:

Articles by Sarah Buel, cont’d: n n n The Pedagogy of Domestic Violence Law: Situating Domestic Violence Work in Law Schools, Adding the Lenses of Race and Class, 11 AMERICAN U. J. of GENDER, SOC POL’Y & the LAW 309 (Spring 2003). Why Juvenile Courts Should Address Family Violence: Promising Practices to Improve Intervention Outcomes, JUV. & FAM. CT. J. 1 (Spring 2002). Fifty Obstacles to Leaving a. k. a. Why Abuse Victims Stay, 28 COLORADO BAR J. 19 (October 1999). Domestic Violence and the Law: An Impassioned Exploration for Family Peace, 33 ABA FAMILY L. Q. 719 (Fall 1999). A Lawyer’s Understanding of Domestic Violence, TEX. BAR J. (October 1999).

Helpful Books n n The Verbally Abusive Relationship by Patricia Evans (practical guidance) Getting

Helpful Books n n The Verbally Abusive Relationship by Patricia Evans (practical guidance) Getting Free by Ginny Ni. Carthy (advises victims, colleagues, family through leaving process) Lessons in Living by Susan Taylor (inspirational guidance) Trauma & Recovery by Judith Herman (correlates prisoner of war trauma with that of rape & dv victims based on research; & offers guidance for assisting trauma survivors).

Most people die with their song still caught in their throats. Susan Taylor …

Most people die with their song still caught in their throats. Susan Taylor …

Thank you for being part of the solution! sbuel@law. utexas. edu

Thank you for being part of the solution! sbuel@law. utexas. edu