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The prosecution of domestic violence in Lubbock is much like other crimes. Prosecutors have to show the elements of an assault beyond a reasonable doubt against a member of a household, a family member, or someone in a dating relationship. This is the highest standard. In other words, they must show that an assault occurred, the relationship is a domestic one, and all of this is beyond a reasonable doubt. Additionally, they must show that the evidence was gathered in a legal way. For more information, contact a Lubbock domestic violence lawyer who will diligently work on your behalf.
Benefits of Prosecutor Putting Other Party on the Stand
In the courtroom, the prosecution can call witnesses, like the abused party, to testify in a Lubbock domestic violence case. This means the prosecution will ask them open-ended questions to allow the witness or affected party to tell their story. When that is finished, the defense then has a chance to cross-examine them and ask more leading questions to tell the side of the story. After that, the prosecution gets to rebuild their version of events, and the process goes back and forth.The big benefit, for the defense, of having the other party on the stand is the fact that the defense attorney will get a chance to challenge any facts that are in dispute, any holes in the testimony, and other similar actions.
The main challenge is to question the affected party in ways that will get the information the defense needs to build its case without doing it in a way that will make the jury want to protect that person. The second challenge is that the defense will not have as much access to the other party during the pretrial period, so the defense attorney will not have a chance to get the information they need. One of the worst things an attorney can do in a family violence trial is to ask a question that is significant to the case without knowing the answer beforehand. Other challenges include the other party being sympathetic to the jury, knowing how to answer well, or hiding information from the jury. All those things are challenges that need to be met if the prosecution puts the other party on the stand in a Lubbock domestic violence case.
What is Evidence-Based Prosecution?
It takes more than just an accusation to bring the force of the government, its power, and resources against a person to take away their rights to freedom and property. In order to do that, the State has to present some evidence that is trustworthy enough in the eyes of the jury or judge to show that a well-defined crime has been committed. Evidence-based prosecution of domestic violence in Lubbock is a way to explain that the state has to prove every element of a crime. With assault, the prosecution must show that there was a threat or an act of violence. They have to show that it was the defendant and not somebody else who assaulted the affected party. They have to bring evidence for each of those parts of the offense prove them beyond a reasonable doubt.