Tuesday, March 21, 2006

Justices hear King County 911 case

While the U.S. Supreme CourtJustices hear King County 911 case, and go about the dutiful task of making their rulings on this particular land-mark case, a few statements ought to be also proposed within the public realm, as this case's ruling will have the greatest effect on the way domestic violence cases can be heard in any court of law.

As the law stands now, 911 callers that are victims, are not required to appear before a court due to the emotional trauma. Prosecuters will often try to get the victim to appear in the court, if for no other purpose than to be given the legal right to face their attacker within a court of law. There are very few victims of domestic violence cases who DO want to face their attacker in court. In fact, most victims of domestic violence want nothing to do with ever seeing their attacker again. Most of those victims want to move on with their lives, heal up and allow the courts to handle it.

Much of what the legal system has not taken into consideration is that because of the history behind so many women having taken the stand to testify against their attackers, only to have the entire case turned around and focussed on them...as if they were the one being accused of the problem...that fear alone is enough to keep women off the stand completely.

In Domestic Violence cases, only the physical evidence is allowed within a court of law. This also leaves a large loop hole in the legal system. Almost 90% of all domestic violence cases begin with some form of emotional and/or mental abuse. Emotional and mental abuse is not submissible in a court of law, nor is it something that can be prosecuted, because there is no physical evidence to support what the victim would be saying. It turns into a 'he said - she said' ordeal that, in the end, accomplishes very little, or, nothing at all.

However, Emotional abuse can be just as damaging as the physical abuse, sans the physical pain and agony. Emotional abuse can also lead to death through the form of dramatic psychological turmoil, leading to extreme depression, and suicide. Suicide itself is illegal, and therefore, is also not submissable in the courts, as it renders a dead end in the case itself. The death of either the defense or the prosecution ends the case amost immediately. Obviously. However, in cases of emotional and mental abuse, the scars are still often left behind with the family members of the deceased.

Thus, there is much to consider for these Justices at this time. They are taking into consideration a large ordeal that has often gripped court rooms across the nation. 911 tapes being submissable in a court of law will no doubt still be allowed...but will their ruling now allow prosecutors to be able to force these 911 callers/victims on the stand to testify in regards to their 911 calls? we shall see in June.

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