Police attitudes toward domestic violence offenders

Police attitudes are important in facilitating a sense of safety and comfort in women seeking justice-system support for protection from partner violence. This study examined police attitudes toward sanctions and treatment for domestic violence offenders compared with other violent and nonviolent offenders. In addition, police attitudes toward domestic violence offenders who do and do not use substances were examined. Officers from one city police department (n = 315) participated in a survey. Results indicate there is a trend toward attitudes that treatment, rather than sanctions, was more appropriate for domestic violence offenders. In addition, officers rated the use of sanctions higher for domestic violence offenders who abuse alcohol or drugs compared with domestic violence offenders who did not abuse alcohol or drugs. Understanding police attitudes toward domestic violence offenders may have implications for police training and victim services in facilitating the use of the justice system in protecting women from partner violence.     

DOMESTIC VIOLENCE LEGISLATION: EXPLORING ITS IMPACT ON THE LIKELIHOOD OF DOMESTIC VIOLENCE,POLICE INVOLVEMENT,AND ARREST*

Research Summary: This research uses data from the National Crime Victimization Survey to test whether legislation affects domestic violence, police involvement, and arrest. Findings suggest that most laws do reduce the chances of family or intimate violence. Fewer appear to influence police involvement, and none relate to more arrest. This suggests that laws may deter would‐be offenders from harming family and partners. Policy Implications: The findings suggest that states should continue to aggressively pursue domestic violence offenders. However, local officials should recognize that mandatory arrest laws could reduce the number of cases that enter the system. Further, more protection should go toward victims when the state awards them custody of the children.     

Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

Domestic violence,domestic dispute reporting,and police disposition patterns: A pilot study

The data supported prior research findings that, in general, the police response to domestic dispute and violence incidents does not result in criminal complaints and subsequently, no action is taken. Considered separately, urban areas produce a lower reported domestic dispute rate, but display a stronger tendency to arrest offenders under the Ohio Domestic Violence Program and disputes result in action not being taken more often than in suburban and less often than in rural areas. Surburban areas evidence the highest reported domestic dispute rate, the lowest tendency to initiate criminal complaints under the Ohio Domestic Violence Program, and tend to arrest offenders less often and make fewer referrals to other agencies than urban areas. Rural areas have a higher reported domestic dispute rate than urban areas, arrest fewer offenders, and make more referrals to other agencies than suburban areas. The data suggested that domestic dispute and violence incidents are handled differently by urban. suburban, and rural police jurisdictions.     

The effect of offenders' sex on reporting crimes to the police

This article examines the difference in victims' reporting behavior regarding crimes committed by males and by females. The authors expect that victims of female offenders are less likely to report to the police than victims of male offenders because of differences in the victim-offender relationship as well as in the victim's sex. With recent developments in Bayesian statistics, new tools have become available that enable the direct evaluation of researchers' expectations. All cases of robbery with assault from the National Crime Victimization Survey have been investigated (n = 478). Findings reveal that female offenders are underreported compared with male offenders and that this can be explained by the victim characteristics but only in combination with the offender's sex.     

Police organizational factors,the racial composition of the police,and the probability of arrest

While past research has considered the effects of police organizational characteristics on various outcomes, including arrest rates, relatively little research has explored the role of the racial composition of the police and its association with race‐specific arrest rates. Furthermore, no research has explored the association between arrest probabilities for Black and White offenders and police organizational factors. Using data from the 2000 National Incident‐Based Reporting System (NIBRS), the 2000 Law Enforcement Management and Administrative Statistics (LEMAS), and the 2000 decennial Census, the present exploratory study employs multilevel modeling to examine the association between police organizational factors including the percentage of the police force that is Black and arrest probabilities for offenders involved in 19,099 aggravated assaults and 100,859 simple assaults across 105 small cities. Results show that for simple assaults, the relative size of the Black police force is associated with the risk of arrest for both Black and White offenders. Furthermore, departments with relatively more Black police officers are found to have the largest gap in the arrest probabilities for White and Black offenders, although Whites are more likely to be arrested for assaults than Blacks, regardless of the racial composition of the police. Results also show those departments with more written policy directives, relatively larger administrative component, a higher educational‐level requirement, and centralized police departments have the highest arrest probabilities. Implications of these findings and recommendations for further research are discussed.     

Domestic violence: Victimization, police intervention, and disposition

The data presented here are consistent with prior research conclusions and indicate that wives have been victims in domestic dispute incidents in the United States more frequently than other family or household members. Further, in specific instances where criminal complaints were initiated, it is shown that in these instances, arrest under the Domestic Violence Program produced the strongest association when wives were the victims. The police were likely to arrest offenders (1) when criminal complaints were initiated and (2) when intimate family members, rather than strangers, were victims. The data indicate that victims who did not initiate criminal complaints did not receive adequate protection or services from the criminal justice system, and criminal complaints initiated by wives received significantly more arrest-and-referral activity than did complaints initiated by other family or household members.     

POLICE INTERVENTION AND THE REPEAT OF DOMESTIC ASSAULT

We use the National Crime Victimization Survey to examine whether domestic violence is less likely to be repeated if it is reported to the police and if the offender is arrested. Our longitudinal analyses suggest that reporting has a fairly strong deterrent effect, whereas the effect of arrest is small and statistically insignificant. We find no support for the hypothesis that offenders retaliate when victims (rather than third parties) call the police or when victims sign complaints. We also find no evidence that the effects of reporting or arrest depend on the seriousness of the offense, a history of violence by the offender or sociodemographic characteristics. Our results suggest that the best policies for deterrence will be those that encourage victims and third parties to report violence by intimate partners to the police.     

Who is better for handling domestic violence? A comparison between Taiwanese female and male Officers

This study examined Taiwanese female and male police officers’ perceptions of handling domestic violence. Specifically, it assessed officers’ attitudes toward whether female officers, male officers, or a combination of female and male officers are more suited for handling cases of battered women, offenders, and domestic violence overall. Survey data were collected from 96 female and 156 male officers from two police departments in Taiwan. Frequency distributions showed that a combination of male and female officers were most preferred by officers for handling abused women, offenders, and domestic violence overall. Regression analysis found that female officers were significantly more likely than male officers to favor a combination of male and female officers over female officers alone for handling battered women. Female officers were found to be more likely than male officers to favor male over female officers and a combination of male and female officers for handling offenders. Police supervisors’ attitudes toward domestic violence also influenced officers’ attitudes toward who is more suited for handling offenders. Implications for future research and policy are discussed.     

Reconsidering Domestic Violence Recidivism: Conditioned Effects of Legal Controls by Individual and Aggregate Levels of Stake in Conformity

Social scientists examining whether stake in conformity conditions the deterrent effect of arrest for domestic violence recidivism have applied criminological theory to an important criminal justice issue. We extend this research with a discussion and multi-level analysis of the possible interplay between court dispositions and (a) an offender's stake in conformity, and (b) the proportion of higher stake residents in an offender's census tract of residence. The prevalence of re-arrest for intimate assault (misdemeanor and felony) is examined for 3110 suspects of misdemeanor intimate assault in Cincinnati. Findings reveal a significant main effect involving higher re-arrest likelihoods for arrested suspects with no formal charges filed against them. Results for the conditioned effects of court dispositions reveal significantly lower re-arrest likelihoods for higher stake offenders undergoing a counseling program (a predicted relationship), and significantly lower re-arrest likelihoods for lower stake offenders serving probation and/or jail (opposite to the predicted relationship). At the neighborhood-level, sentences of probation and/or jail correspond with significantly lower re-arrest likelihoods for offenders living in neighborhoods with more residentially stable populations (as predicted). We discuss the implications of our study for future research.     

Gender, Police Arrest Decisions, and Notions of Chivalry

The extent of preferential treatment toward female offenders during arrest has been a neglected topic in research on female criminality. This article uses data collected in 1977 during police-suspect encounters with 785 males and females to explore the existence of chivalrous treatment of female offenders in the initial stages of criminal processing. These data indicate that chivalry exists at the stage of arrest for those women who display appropriate gender behaviors and characteristics. In general, the findings suggest that female suspects who deviate from stereotypic gender expectations lose the advantage that may be extended to female offenders. Specifically, older, white, female suspects are less likely to be arrested than their younger, black or hostile sisters. In addition, in the initial stage of criminal processing, female property offenders receive no leniency, and some evidence suggests that offenses against property weigh we heavily in arrest decisions for females than for males. Differences in the factors influencing police arrest decisions for male and female suspects are also examined.     

Public's and police officers' interpretation and handling of domestic violence cases: divergent realities

The public's and police officers'interpretation and handling of realistic hypothetical domestic violence cases and their stereotypic views about domestic violence are discussed. A sample of 131 experienced officers, 127 novice officers, and 157 adult laypersons were randomly assigned to read a domestic violence case. Experienced officers were more likely to arrest only the husband than were laypersons or rookie officers even when respondents inferred that the husband was primarily responsible or had used violence before. Experienced officers considered their stereotypic beliefs about battered women's propensity to use self-defense in arriving at their arrest decision whereas laypersons and rookie officers did not. These findings indicate that the public and police officers have not adopted the feminists' message that arrest is the best response to handle all domestic violence cases. Policy implications are discussed.     

Mediation Verses Arrest Approaches to Domestic Assault: Policy Implications for Addressing Domestic Abuse Among Under-Educated and Jobless Offenders

Mediation as a response to domestic abuse would seem a promising direction in curbing domestic battering among offenders with a low stake in conformity. This study compares the effects of mediation verses arrest on two general types of domestic abusers; one category with a high school education or above and is presently employed, while the other category comprising individuals with less than a high school education and are currently unemployed. Pooled data from three of the original group of six Minneapolis Domestic Violence Project cities are used in this study. The findings show unemployed Blacks with less than a high school education who were mediated were significantly less likely to have re-offended within six months than unemployed non-Blacks similarly mediated with less than a high school education. Also, unemployed Blacks with less than a high school education not mediated were significantly more likely to re-offend than unemployed non-Blacks with less than a high school education and not mediated. Finally, among those in the sample unemployed with less than a high school education and mediated were significantly less likely to re-offend compared to those not mediated. The findings are consistent with seeing mediation as a viable police strategy in curbing domestic abuse among jobless and undereducated offenders.     

Police criminal charging decisions: An examination of post-arrest decision-making

Scholars have encouraged studies of police decision-making to move beyond the arrest decision into research that broadens the understanding of police behavior. The criminal charge placed by officers against offenders is largely an untouched area of study. Examining criminal charging decisions goes beyond simple dichotomous decisions, such as arrest, but instead explores the area of police leniency or punitiveness. Randomly constructed vignettes describing a domestic violence incident were given to officers from four agencies. Officers indicated the criminal charges they would likely list against an offender if they were to make an arrest. Serious criminal charges were often supported by additional, but less serious, charges. Victim injury and an uncooperative offender were related to the decision to charge a misdemeanor offense. There was a significant negative relationship between the number of charges listed and more experienced officers and officers working in smaller agencies. The implications of this study and directions for future research are discussed.     

Victim's perceptions of initial police responses to robbery and aggravated assault: Does race matter?

Despite the fact that police officers are usually the first persons within the criminal justice system to respond to a criminal victimization, the majority of research investigating racial discrimination within the system has examined primarily the effects of race on adjudication outcomes which occur after initial police interventions, such as conviction decisions and sentences. Very little empirical effort has been devoted to examining the effects of race on early police responses to a reported victimization. Using data from the National Crime Victimization Survey from 1987 to 1992, this paper investigates the effects of both the victim's and the offender's race on three police responses to robbery and aggravated assault: (1) police response time to the scene, (2) effort exerted by the police at the scene, and (3) likelihood of arrest. It was found that police were quicker to respond and also exerted more effort at the scene such as searching and taking evidence to incidents of black on white robbery compared to all other racial dyads. This relationship held even after controlling for other factors such as victim-offender relationship, poverty, injury to the victim, and victim's gender. No significant effects of race, however, were found when predicting the probability of arrest in cases of robbery. The effects of race on police responses to aggravated assault were more complicated. For assaults involving strangers, police were significantly more likely to exert additional effort at the scene if the victim was white and the offender was perceived to be black. This effect was reversed, however, for nonstranger assault victimizations. Police were significantlyless likely to exert effort at the scene or to make an arrest in black on white assaults involving nonstrangers. The most consistent predictors of arrest in both stranger and nonstranger assault victimizations were police response time, injury to the victim, and the incident occurring in a public setting.     

An examination of the impact of community‐based rehabilitation on the offending behaviour of male domestic violence offenders and the characteristics associated with recidivism

Purpose. The aim of this study was to examine the impact of completing a community‐based rehabilitation programme on both the rate of domestic violence reoffending, and time to first post‐treatment offence within an 11‐month follow‐up period. In addition, the pre‐treatment psychological, demographic, and offending history characteristics of recidivists were examined. Methods. Prior to attending West Midlands Probation Area's Domestic Violence Perpetrator Programme (DVPP), 86 male offenders completed a battery of six psychometric tests. The tests were the Novaco Anger Scale, Inventory of Beliefs about Wife Beating, Abusive Behaviour Inventory, Interpersonal Dependency Inventory, Multidimensional Locus of Control Scale and Balanced Inventory of Desirable Responding. Post‐treatment reoffending was identified from police contact data. Results. Of the 86 offenders who started the DVPP, 21% were alleged to have reoffended within an 11‐month post‐treatment period. Completing the programme was not significantly associated with either alleged reoffending, or time to first alleged incident. The identified treatment effect size was small (w=0.20). It was found that higher interpersonal dependency and more frequent contact with the police in the 24 months prior to attending the programme for theft and violent domestic violence predicted post‐treatment domestic violence offending. Conclusions. The results of this study indicate that the programme did not significantly reduce the rate of alleged reoffending among programme completers, or the time to first post‐treatment offence reported to the police. However, the results suggest that those offenders who were alleged to have reoffended may represent a distinct offender subgroup. These results are discussed with reference to client treatment matching and the move towards nationally accredited rehabilitation programmes in the UK.     

A sociolegal analysis of Canadian youth justice: The impact of offender's race on judicial decisions

There is evidence to suggest that even within ostensibly egalitarian systems of justice young offenders are, at least in part, socially selected. Police, court workers, lawyers, and judges make prejudgments of young offenders on the basis of extralegal as well as legal factors. This study examined the influence of extralegal variables, especially offender's race, on judicial outcomes including detention on arrest, plea, adjudication, and sentencing. While the principal focus was the effect of offender's race, the effects of other attributes including sex, age, family support, and counsel status were incorporated into the analysis to present a comprehensive explanatory model of justice.Loglinear/logit modelling techniques were employed to assess the simultaneous effects of social and legal variables. In summary, the data consistently supported the claim that at all levels of the justice process extralegal variables, most noticeably race, had a substantial systematic influence on judicial decisions, especially when seriousness of offense and criminal record were controlled. Most importantly, the study showed that the effects of race occured primarily in interaction with both legal and extralegal factors.     

The Agencies of Abuse: Intimate Abusers' Experience of Presumptive Arrest and Prosecution

Presumptive arrest and prosecution policies are designed to eradicate domestic violence by disrupting abusive relationships and transforming the subjectivities of victimized women and abusive men. Using in-depth interviews with 30 persons arrested and prosecuted for domestic violence, this article examines the power of presumptive policies by exploring how intimate abusers experience them. The study finds that while the police and courts are able to secure arrests and convictions on domestic violence cases, nearly all the respondents in this study understand their punishments as unfair sanctions meted out by an unjust local legal system rather than as the consequences of their own actions. These injustice claims emerge from abusers' group identities as well as the very practices through which the police and courts gain authority over them. These findings demonstrate that the power of the law as a force for social change may be more limited than some have claimed. In addition, they reinforce calls to reform society's response to intimate violence through procedures that can go further in empowering victims and having offenders recognize their responsibility for violence.     

The Influence of Legal Reform on the Probability of Arrest in Domestic Violence Cases

Using domestic violence incidence and arrest data from Maryland (1991–1997), this research examines whether the proportion of incidents that result in arrest increased due to a legislative initiative implemented in 1994 and, if so, whether this change is uniform across different types of offenders (race and gender) and offense characteristics. Using interrupted time‐series analysis (ARIMA), we observe an increase in both the number of incidents reported to police and the percent of reported cases resulting in arrest. The legislative intervention has a significant positive impact on arrest likelihood above and beyond the increase over time for the state as a whole. While arrest probabilities increased across the board for males and females, African American and Whites, the ARIMA models do not suggest that the legislation differentially impacted arrest probabilities for these groups.     

Domestic Violence and Police Response in a Pro-Arrest Jurisdiction

ABSTRACT

The Minneapolis Experiment indicated that police could have a positive impact on domestic violence. Though these results are presently being challenged, the time seems ripe to look at factors affecting the likelihood of police to arrest in a jurisdiction with pro-arrest legislation supported fully by departmental policy. The following factors were studied in terms of their impact on self-reported likelihood to arrest when responding to a domestic violence call: officers' demographics and attitudes towards women; the amount of domestic assault training received; their understanding of the departmental domestic assault policy; the degree to which they view police involvement as beneficial in responding to these calls; and their use of violence in their own homes. Results indicate that belief in the utility of police involvement, knowledge of the department's policy, and attitudes towards women are all significant in accounting for the variation in the likelihood of police to arrest.