"Attacking" the Victim at Trial
If you watch any high-profile trial involving a victim who has been sexually abused, physically abused, murdered, or otherwise attacked, you will likely see the defense introduce some evidence of questionable behavior or character on the behalf of the victim. Many onlookers see this as the attacking of the victim at trial, sometimes accusing the defense of "putting the victim on trial," but such a characterization is not at all true and is misleading as to the necessity and usefulness of offering evidence of the victim's misconduct at trial. Often offering such evidence is mandatory to a defendant's theory of defense (self-defense, consent, etc.) and failure to do so could subject the lawyer to punishment for violating his duty to be a zealous advocate for his or her client.
Very often, evidence of misconduct on the part of the Defendant can be used to attack the credibility of the victim when he or she takes the witness stand at trial. This is crucial to a criminal defense because the victim's testimony is often the testimony at trial given the greatest weight by the jury and almost undoubtedly the evidence that paints the defendant in the most negative light. It can also be used to show that the Defendant lacked a certain level of intent that is required to convict the defendant of an offense, e.g, the Defendant did not intend to kill the victim but was rather simply trying to defend himself or his family.
Such defense tactics are often cited as demonstrating that defense attorneys are bad or heartless people, but such is not always the case. Very often it is mandatory to the presentation of the client's criminal defense, a defense that the attorney has taken to put forth zealously and to the best of his ability. A good criminal defense attorney always gives his client's case his very best effort. Contact a Knoxville-area criminal defense attorney today to secure dedicated representation in your criminal case.
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