Domestic Violence Is Different: The Crucial Role of Evidence Collection in Domestic Violence Cases

Abstract

Collection of evidence in domestic violence cases requires special police attention because these cases have unique features. This article provides information and recommendations about evidence collection in domestic violence cases based on prosecutorial experience in Brooklyn, New York. It also provides the results of research showing the value of specific types of evidence for obtaining a conviction. Police departments should establish regular training programs and have arresting officers record defendant and victim statements, take photos of victim and defendant injuries as well as property damage, and collect corroborative evidence needed for specific types of cases, such as strangulation or stalking.

KEYWORDS:

• Domestic violence
• evidence collection
• police

Notes

1. This analysis excludes cross-complaints, which are difficult to prosecute and rarely end in conviction, as well as cases in which the defendant was never released prior to disposition, which are easier to prosecute and usually end in conviction (Peterson, 2012c).