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.     

Three Patterns of Domestic Violence in Households: Single Victimization,Repeat Victimization,and Co-occurring Victimization

Using National Crime Victimization Survey data (1992–2004), this study analyzed the effects of household variables, victim characteristics, and incident characteristics on three household family violence patterns (single victimization, repeat victimization and co-occurrence). Eighty percent of family violence households experienced one victimization; 15% experienced repeat victimization; 5% experienced co-occurrence. The total number of people in the household was positively related to multiple violent victimization households, especially co-occurrence households. Victims with less than a high school education (compared to victims with a high school education) had significantly higher odds of living in a co-occurrence household versus a repeat victimization household. Victims who experienced threatened attacks compared to completed attacks with no injury had higher odds of living in single victimization or repeat victimization households but had lower odds of living in co-occurrence households. Respondents victimized by ex-spouses, parents/stepparents, siblings, and other relatives had consistently higher odds of living in co-occurrence households versus repeat victimization households compared to those victimized by spouses.     

Preventing repeat incidents of family violence: analysis of data from three field experiments

Preventing repeat victimization is an area of criminology that has shown particular promise in recent years. Based on the premise that persons once victimized are at higher risk than others for future victimization, British officials developed successful programs that focus crime prevention efforts on victims. Of all crimes, family violence may have the highest repeat rate, especially in the first weeks after an incident is reported to the police. Accordingly, New York City officials developed an intervention program to reduce repeat incidents of family abuse. Three field experiments conducted during the 1990s evaluated whether or not this program, targeted at public housing residents who reported family violence to the police, reduced the rate of subsequent victimization. The findings produced within each study were not consistent across the studies; rather, these three experiments, separately analyzed, produce varying results. Since the composition of the samples varied across studies, however, one possible explanation is that this program has different effects within different populations. This paper reports outcomes from a series of analyses of pooled data from these three studies to address the inconsistencies. The results indicate that the intervention brought about greater reporting of subsequent abuse both to authorities and to research interviewers. The results are invariant across the three studies, indicating that greater reporting of abuse is not idiosyncratic to one particular population, and are consistent across the nature and source of outcome measures. These findings suggest the need for careful monitoring by the advocates and agencies that operate these types of programs and among those designing and testing future programs.     

Police civil liability for inappropriate response to domestic assault victims

Over the last several years, the criminal justice system has encouraged survivors of domestic abuse to report their victimization to law enforcement authorities. While some pieces of evidence suggest that police are more sensitive to the plight of domestic survivors, law enforcement response remains incomplete and problematic. This article explores this issue, focusing on police civil liability for inappropriate response to domestic violence. It discusses a specific legal remedy—the equal protection clause of the Fourteenth Amendment—highlighting the circumstances under which police are held liable when they fail to prevent victims' injuries because of their inappropriate response to domestic violence. The article concludes that police need more training and education on family abuse so they can become more responsive to victims of domestic violence.     

Conflicting Consensus

Abstract

Limited research exists on the extent to which the public supports the criminalization of domestic violence, and whether people believe police pro-arrest policies will deter future offending. Based on conflict theory, it is hypothesized that there will be differences in support for criminalization between powerful (i.e., middle to upper class Caucasian men) and less powerful demographic groups (i.e., women, minorities, and the economically and educationally disadvantaged). Data were collected from a randomized telephone survey of Alabama residents and analyzed using ordered regression models. Results indicate that a majority of respondents agreed with a pro-arrest policy for domestic violence; however, age, education, income, and gender subgroup differences offer support for the conflict model. An additional finding that domestic violence victimization plays a significant role in the formulation of respondents' attitudes toward these policies needs to be more closely investigated.     

Women and Men in Jail: Attitudes Towards and Experiences of Domestic Violence

This study explores the pre-arrest domestic violence victimization and attitudes towards domestic violence reported by women and men confined in a Midwestern metropolitan jail. Results indicated that women in the jail sample had more fear for the safety of battered women than men in the jail sample. Women in jail were more likely than men in jail to view the legal system as a deterrent to domestic violence. Logistic regression models were constructed to explore associations between jail detainees’ pre-arrest experiences of domestic violence and their gender, age, education, race, parental status and other violent victimizations. The variables associated with pre-arrest domestic violence victimization were being a woman, a parent, a victim rape and a victim of threats with a deadly weapon.     

Factors Associated with Domestic Violence and Sexual Assault Victimization

This study explored factors associated with a lifetime history of domestic violence and sexual assault in a sample of welfare recipients in Illinois. Results indicate that childhood exposure to domestic violence is a risk factor for both sexual assault and domestic violence victimization, but that childhood physical abuse is only a risk factor for domestic violence. Increased education and employment skills and having more children were also risk factors for domestic violence victimization. Domestic violence was significantly associated with depression, while sexual assault was associated with low social support and a greater perceived need for mental health services. Frequent alcohol and drug use were not associated with either type of victimization. Research implications are discussed.     

Children’s Direct Exposure to Types of Domestic Violence Crime: A Population-based Investigation

Police officers served as public health sentinels to collect data on children exposed to domestic violence across an entire municipality for 1 year. This study extended research by investigating a typology of domestic violence crimes and children’s direct sensory exposure to these types. Police officers used a standard, validated protocol to collect data on all substantiated domestic violence. Findings revealed that almost half of all events had children present, and 81% of these children were directly exposed to the violence. Children under the age of 6 years old were at greater risk of exposure. Identified domestic violence households with children were more likely to be low-income, non-White, and headed by a single female, compared to households at large. Cluster analysis revealed seven domestic violence event profiles. Typology showed that children were disproportionately exposed to the most unstable and dangerous profiles including weapon use, mutual assault, and substance abuse.     

Children's experiences of domestic violence: developing an integrated response from police and child protection services

Police notifications of incidents of domestic violence to child protection services constitute an acknowledgement of the harm that domestic violence inflicts on children. However, these notifications represent a substantial demand on child welfare services and the outcomes for children and victims of domestic violence have been questioned. This paper presents findings from the first UK study to examine these notifications in depth and examines the interface between the police and child protection services in responding to domestic violence incidents. The research reports on police interventions in 251 incidents of domestic violence involving children; the communication of information to child protection services and the subsequent filtering and service response. Social workers found that notifications conveyed little information on children's experiences of domestic violence. Forty per cent of families notified had had no previous contact with child protection services in that area, but those cases most likely to receive social work assessment or intervention were those where the case was already open. Notifications triggered a new social work intervention in only 5% of cases. The study also identified a range of innovative approaches for improving the co-ordination of police and child protective services in relation to children's exposure to domestic violence. Arrangements that maximized opportunities for police and social workers to share agency information appeared to offer the best option for achieving informed decisions about the appropriate level of service response to children and families experiencing domestic violence.     

Attitudes toward police response to domestic violence: a comparison of Chinese and American college students

Domestic violence has emerged as a worldwide concern since the 1970s. Although a substantial amount of efforts have been devoted to assessing various aspects of domestic violence, a relatively small number of studies have empirically examined factors that shape public attitudes toward police response to such incidents. Even rarer is investigating the topic from an international, comparative perspective. Based on survey data gathered from approximately 550 college students in China and the United States, this study analyzes the effects of background characteristics, personal and vicarious experiences of crime, and perceptions of gender roles and violence on attitudes toward proactive and traditional police response to domestic violence. Compared to their American counterparts, Chinese students were less likely to favor proactive response and more likely to support traditional response. Chinese and American students' attitudes toward police response to domestic violence were shaped by some different and common factors. Implications for policy and future research are discussed.     

The Brooklyn mediation field test

This paper describes an experiment in which 465 felony arrest cases in Kings County, NY, USA, were, randomly, either filed in court and prosecuted or sent to a dispute resolution center for adjudication. The cases all involved persons who were acquainted, and nearly half were either intimate partners or in other immediate family relationships. The results indicated that the mediation process was perceived more positively by complainants than was prosecution and that going through mediation enhances complainants’ perceptions of their relationships with defendants to a greater degree than going through the court process. However, there was no evidence that mediation was no more effective than prosecution in preventing recidivism. Not surprisingly, in cases involving intimate partners or immediate family members, the offenders were most likely to experience continuing problems whether they were sent to mediation or were prosecuted. One of the values of this study is that, in the late 1970s, when this research was conducted, mediation was considered by many to be a legitimate alternative to prosecution in family violence cases, including cases arising from intimate partner violence. The data that we collected would be difficult to replicate in today’s political climate. While our study did not find that mediation reduced the odds of recidivism in these cases, neither did we find that mediation made victims less safe. Thus, it partially supports the sentiments of researchers such as Braithwaite and Strang (Restorative justice and family violence. In Strang H, Braithwaite J (eds) Restorative justices and family violence. Cambridge University Press, Cambridge, UK, pp 1−22; 2002), who argue that—given the evidence for success of restorative justice in reducing re-offending in cases other than family violence—it is worth testing whether similar beneficial effects could be found in applying restorative justice approaches to family violence cases.

REASONS FOR REPORTING AND NOT REPORTING DOMESTIC VIOLENCE TO THE POLICE*

The National Crime Victimization Survey is used to examine factors that encourage and inhibit victims of domestic violence from calling the police. Victims of domestic violence are less likely than victims of other types of violence to call the police because of their privacy concerns, their fear of reprisal, and their desire to protect offenders, but they are more likely to call for self‐protection and because they perceive domestic assaults as more serious. As a result of these and other offsetting factors, victims of domestic violence are just as likely as other victims of assault to call the police.     

Intervening in domestic violence as a police task: legal reform and policing versus citizens’ perspective

Violence in Western societies has received increased public and legal attention during the past few decades, while simultaneously, evidence of decreased violent behaviour has been identified. A specific type of violence that has undergone changes in visibility and increased legal intervention is domestic violence (DV). Have people become more sensitive to all kinds of violence? In this case, DV would not stand out as a crime demanding increasing police intervention. In this article, the public’s perceptions of the importance of intervening in DV as a police task are analysed. Comparisons with the assessed importance of other types of police tasks are made to evaluate the changes in a broader attitudinal context, and official police statistics are reflected against the trends identified from the survey data. In the results, DV stands out in the comparison of change in the importance of police tasks. The hypothesis of increased cultural sensitivity is not confirmed concerning all types of crimes – or even violent crimes. The results can be understood to support the theory about increased cultural sensitivity concerning an issue previously seen as a private matter rather than a criminal act and police matter – DV.     

The violent and sexual victimization of college women: is repeat victimization a problem?

Little attention has been given to repeat violent and sexual victimization among college women. Using two national-level data sets, the authors find that a small proportion of college women experience a large proportion of violent and sexual victimizations. Women are more likely to experience repeat sexual victimization than repeat violence incidents. Repeat victimization tends to happen in the same month of the initial victimization, and the most likely next type of victimization is by far the same type of victimization. Comparing incident-level characteristics of repeat incidents to single incidents, there are few differences, with the exception that, in a larger proportion of single incidents, women took self-protective action. Implications for prevention and educational programs are discussed.     

Comparing Women and Men Arrested for Domestic Violence: A Preliminary Report

This study uses criminal justice data to compare women and men arrested for domestic violence on their levels of violence, reported victimization, general criminality, and substance abuse. Participants were 45 women and 45 men convicted of domestic violence between 1996 and 1998. Results indicate that women were less likely than men to have a history of domestic violence offenses and nonviolent crimes. They were also more likely to report that they had been injured or victimized by their partner at the time of their arrest. However, in other ways, women and men were similar: they were equally likely to have used severe violence and inflicted severe injuries on their victims; to have previously committed violence against nonintimates; and to have been using drugs or alcohol at the time of their arrest. The implications for treatment for women arrested for domestic violence are discussed.     

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.     

“All the System is Simply a Soap Bubble”: Legal Help-Seeking for Domestic Violence Among Women in Kyrgyzstan

This paper examines limitations in how law enforcement and public health systems respond to domestic violence in Kyrgyzstan. Findings from interviews with domestic violence victims show that these women are subject to ineffectual practices and negative attitudes that tend to minimize domestic abuse and disempower victims. The findings reveal several problematic issues: inconsistencies in the implementation of the law, impunity for abusers because of both personal attitudes and social affinities between the police and abusers, ineffective enforcement of protective orders, and superficial processing of domestic violence cases by the legal system. Additional barriers to help-seeking include a lack of institutional support and guidelines for offering mental health services for victims as well as a scarcity of housing, childcare, and employment opportunities for women seeking to break the cycle of abuse. The findings underscore the need for society-wide changes in attitudes toward domestic violence, stricter mechanisms for enforcing the law, and mandatory training for service providers to facilitate the provision of more accessible and affirmative support to victims.     

Violent marriages: Gender differences in levels of current violence and past abuse

Military couples mandated for marital violence treatment (n=199) self-reported pretreatment levels of marital violence. This sample is unique in that data from both partners in severely violent marriages were available. Spouses were interviewed conjointly about past and current marital violence, childhood victimization, type of parental violence witnessed, and subjective impressions of childhood emotional and/or physical abuse. Results suggest that in the majority of these couples both husbands and wives reported engaging in acts of current marital violence (83%). However, significant gender differences were found such that husbands were more likely to use severely violent tactics, less likely to receive a marital violence injury, and less likely to report being afraid during the last incident of marital violence than wives. Surprisingly, wives were more likely than husbands to blame themselves for the first incidence of violence in the marriage. Husbands and wives did not differ in the prevalence of witnessing parental aggression, but wives were more likely than husbands to report being beaten as children and to perceive themselves as abused. For both genders, victimization from mother predicted marital perpetration, whereas victimization from father predicted marital victimization.     

It’s More Than the Code: Exploring the Factors that Moderate the Street Code’s Relationship with Violence

The paper explores the conditions under which the code of the street is more likely to lead to violence. Utilizing a sample of 400 homeless youths the paper examines how anger, self-centeredness, nerve, parental warmth, physical abuse, homelessness, negative attitudes toward the police, violent peers, and violent victimization moderate the relationship between the street code and violence. Findings suggest that the street code has a stronger relationship with violence under conditions where individuals have higher levels of anger, self-centeredness and nerve, less experience of parental warmth, more experience with physical abuse, longer periods of homelessness and more negative orientations toward the police. The street code, anger, self-centeredness, nerve, physical abuse, homelessness, negative attitudes toward the police, violent peers, and violent victimization also have significant lower order relationships with violence. Avenues for future research are discussed.     

Policing domestic violence: Does officer gender matter?

This research assessed whether female officers respond to domestic violence differently from male officers. Though many studies had analyzed police responses to domestic violence since the 1980s, very few had empirically examined different types of actions, especially noncoercive actions, employed by women and men in handling domestic violence. Using data collected by a large-scale observational project, this research analyzed police supportive and control actions toward citizens involved in domestic violence. Findings showed that female officers were more likely than male officers to provide support to citizens involved in domestic violence. Female and male officers, however, did not differ significantly in exercising control actions toward citizens. Regression results from separate models for female and male officers revealed that some of the variables are predictive of police actions for one gender but not the other. Implications for policy and future research are discussed.