Prosecutors’ perceptions of how to improve the quality of evidence in domestic violence cases

Abstract

Limited evidence in domestic violence prosecutions is a persistent problem. Focus groups with 13 prosecutors from across Australia and New Zealand were used to explore how to improve the quality of evidence collected and presented in these cases. A thematic analysis identified three main strategies: improving the quality of investigations by initial police responders, supporting the complainant and tailoring the trial process to the domestic violence context. The most discussed strategy within these categories has previously received little attention– police video recording the complainant's initial account and using that video as the basis for the complainant's courtroom testimony.

Keywords:

• domestic violence
• prosecution
• video-evidence
• criminal investigation
• investigative interviewing

Acknowledgements

The authors wish to acknowledge the prosecuting agencies that enabled this research to happen and the prosecutors from those agencies who gave their valuable time to participate in this study.

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1. These countries both have a common law system based on the British system. There are, however, minor differences in criminal justice policy and legislation in each of these countries and across the six States and two Territories of Australia.