How to Deal With Hostile Felons
What Happens AFTER You Testify?
Being an expert witness is not risk free. If you testify for the defense - the prosecution doesn't think of you as endearing. Often they say you "sold out" (for money) or went "to the other side". This has been well discussed over the years and the consensus is that you maintain your objectivity as an Expert Witness regardless of who you testify for: You do not take sides; you testify on the evidence. Your goal is not to put every single accused person away - your goal is to look at the evidence objectively and truthfully testify to your findings and expert conclusions.
The consensus also is that it is actually an "asset" to work both prosecution and defense because it maintains your own objectivity in your practice. That's some food for thought and a very valid position!
We all know that is not exactly how it goes, each and every time. Especially if you testify for the "other side", the defense ;-)
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Today, however, I would like to discuss an issue that is out there but not often talked about: What happens AFTER you testify? What happens AFTER that accused offender gets sent away, often with your expert testimony of "excited utterances, quotes, and meticulously collected evidence (and written/photo documentation of same)? What about if the evidence is not sufficient and the accused offender is not convicted?
Usually, the accused/alleged defendant is being prosecuted on multiple counts. The Forensic Nurse Expert Witness is not privy to previous or future (pending) prosecutions/convictions. She/He testifies on the present case that She/He was the Forensic Examiner for only.
So, let's say your case results in the successful prosecution of the accused defendant and you put him/her away on 6-20 felony counts, each one 5-25 years or 25-life or whatever, depending on your state or community.
Most of these cases end up with at least 20 years (with 2/3's served would be 15 yrs) to 100 or life. Little worry about these convicted felons hitting the streets again and terrorizing innocent victims, right?
Well, actually wrong.
Remember the nature of the "average convicted felon". You know what they say, you're arrested because you were "caught", not because it's the first time you've committed a crime....
Most violent offenders are repeat offenders. Unfortunately, what they learn while incarcerated only reinforces their violent/abusing/terroristic behaviors.
Please remember, these convicted offenders are not your "every day person". They are not you or I, they are violent criminals. They have no value for life or lifestyle other than their own.
And what if the testimony results in a dismissal of the case or a jury that doesn't convict? Then your alleged criminal is back out on the street......
I'm not saying there is no rehabilitation and that all criminals do not "see the light", "find God", "make peace" or "become good citizens". There are some. But statistics confirm that these are the exception, not the rule.
So here you are, Expert Witness, Forensic Examiner. Actually making the world a better place by taking care of patients/victims, non-partially, objectively, but with empathy, making no judgments.
The criminal/felon, however, sees you as the enemy. Without you and your Expert Testimony, your pictures, your documentation, the prosecution would not have had such a tight case.
The criminal/felon goes to prison (or not). He and his "family" (real, perceived, made or otherwise) does not. They do not live by "our" (society's) rules, ethical or moral rules. They live in a world of violence, revenge and power/control by any means.
The felon, has nothing better to do but stew and think about how your testimony put him away (or could have put him away). How he was "set up" by you, the Expert for the Prosecution.
This can become a very dangerous situation for all Forensic Nurses. Especially when the criminal/felon has been his own defense or the defense lawyer, sitting with your CV in front of him, allows the criminal/felon to see your information.
It is really important to guard your information: Do not let your physical location(s) be easily available to criminal defendants.
Four of five years down the road, you may get an email from the convicted felon OR his "family" with veiled threats.
Tell your prosecutor immediately so there is a record and do not reply to emails, phone calls/messages, etc. Do keep copies.
Your life goes on. We (Nurses) are loved by our patients. They love us for our care, expertise, empathy and everything we stand for.
We (Forensic Examiners) are not loved by those we help convict and send to prison.
Their life does not go on. We interrupted it and we are the "enemy"
Some things you can do to keep yourself safer:
1. It is prudent to have a PO Box rather than a physical address.
2. It is prudent to have your calls "private". You don't always know who you are calling or calling back.
3. Some states let you "mask" your vehicle plates if you have a good reason or are associated with law enforcement.
4. Have your CV "by request" do not make it available on line to the general population/public.
5. Do not put personal/private information on your CV (such as social security number, personal living address or family references).
6. Be prudent on social networking sites. Do not let the general public "reach out" to touch your family members. Keep those privacy preferences current.
7.
Keep copies of all "evidence" of real or veiled threats, any contact
the convicted (or not) defendant or his "family" have with you. Forward
them to your prosecutor.
Be smart, be safe.
Remember, convicted felons of violent crimes do not live by the same rules we do. And their memory is long and they do reach out from those bars through their "family"
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