Henaghan Mark, Short Jacqueline, Gulliver Pauline
Faculty of Law, University of Auckland, Auckland, New Zealand.
DAMHS Forensic and Rehabilitation Service, Te Korowai Whariki Central Regional Forensic Service, Mental Health, Addictions & Intellectual Disability Service, Wairarapa, Hutt Valley and Capital & Coast District Health Boards, Wellington, New Zealand.
Psychiatr Psychol Law. 2021 Apr 27;29(2):206-222. doi: 10.1080/13218719.2021.1894262. eCollection 2022.
This paper describes the role of family violence expert evidence and argues for the need for adequately trained and experienced specialists to provide that evidence within the criminal jurisdiction of the District Court and High Court in Aotearoa New Zealand. Court processes for the criminal jurisdiction were reviewed to consider the roles and the requirements of expert witnesses in cases of family violence. Given the lack of expert witness training in Aotearoa New Zealand, components of best practice in other jurisdictions, including examples of international expert witness skills and knowledge were sought. Unique skills and experience are necessary for an accurate description of a history of family violence. Experience working with survivors and offenders provides an understanding of the nature and dynamics of violence experienced within a relationship and allows experts to address myths and misconceptions, particularly in relation to the effective nature of the current family violence safety system. Without a contemporary, comprehensive understanding of family violence across police prosecution, judges and lawyers, expert evidence from trained and experienced specialists is required. To enhance the educative role of family violence expert evidence, such evidence should be called by the Court.
本文描述了家庭暴力专家证据的作用，并主张需要有训练有素且经验丰富的专家在新西兰奥特亚罗瓦地区法院和高等法院的刑事管辖范围内提供此类证据。对刑事管辖的法院程序进行了审查，以考量家庭暴力案件中专家证人的角色和要求。鉴于新西兰奥特亚罗瓦缺乏专家证人培训，故探寻了其他司法管辖区的最佳实践要素，包括国际专家证人技能和知识的示例。准确描述家庭暴力史需要独特的技能和经验。与幸存者及施暴者打交道的经验有助于理解关系中所经历暴力的性质和动态，并使专家能够消除误解，尤其是关于当前家庭暴力安全系统有效性的误解。如果警方、检方、法官和律师对家庭暴力没有与时俱进的全面理解，就需要训练有素且经验丰富的专家提供的专家证据。为加强家庭暴力专家证据的教育作用，此类证据应由法院传唤。
