The Jurisprudence of Imprudent Behavior: Communication Challenges in Seeking Stalking Justice

• In Event: Forensic Communication: Application of Communication Research to Courtroom Litigation

Abstract

Stalking is still a relatively new legal concept, and given that it often reflects an ongoing but unwanted relationship, it presents challenges in understanding how communication may be applied to its jurisprudential management. This presentation seeks to summarize three sets of work at the intersection between stalking research and applied communication. After a brief overview of basic stalking issues, including legal definitions and context, emphasis will focus on two complimentary lines of analysis. First, we examine the primary issues at stake in a stalking case, such communicating to judge and/or jury about issues such as intent, threat, pattern, coercion (i.e., the unwanted nature of the harassment), as well as the 'reasonable person' standard. Second, we explore potential communication strategies that perpetrators or victims may engage in that pose risks and opportunities for their courtroom outcomes, such as is implied by being a "bad witness" or failing evidence tests due to a lack of records of communication between the parties. Third, some of the more troublesome courtroom issues are explored, such as false victimization, abuse of judicial options as a means of harassment or counter-harassment, and the somewhat ironic implications of stalking as a 'victim-defined' crime.

Authors

• Charles Wesley Kim, Jr., Yelman & Associates

• Brian Spitzberg, San Diego State Univ