Victim/witness noncooperation: A second look at a persistent phenomenon

During the last decade, numerous programs were established to increase the alarmingly low rate of cooperation of victim/witnesses with lower criminal court officials. It is argued that these programs were largely unsuccessful because they were based on assumptions about the motives of victim/witnesses and about the effect of their cooperation on case outcomes which were only partially correct. The article attempts to explain noncooperation by integrating what is known about the desires and expectations of victim/witnesses from recent empirical studies with what is known about the nature of the adjudication process from organizational studies of criminal courts. The article concludes that victim/witness noncooperation may not pose the major obstacle to prosecution that has been alleged, but that it is indicative of the failure of criminal courts to recognize that victim/witnesses have a legitimate interest in the adjudication process.     

Modeling the Referral Decision in Sexual Assault Cases: An Application of Random Forests

This paper examines the decision to refer a sexual assault case for prosecution using a sample of 730 reported sexual assaults in which the victim received a medical/forensic examination. The decision to refer a case for prosecution was modeled using an algorithmic modeling technique, Random Forests. The key advantages of this modeling approach include its superiority in predicting case outcomes and its ability to easily uncover nonlinear relationships. Key results indicate that the likelihood of referral increased when sperm was found and documented, when the victim could identify the suspect, and as the severity of nongenital injury increased. Neither the presence nor the severity of genital injury impacted the decision to refer a case for prosecution. On the whole, suspect and report characteristics had the largest impact on referring cases for prosecution, with victim characteristics having little influence.     

The sexual stratification hypothesis revisited: Testing assumptions about simple versus aggravated rape

Previous research testing the sexual stratification hypothesis has included only African American and White victims and suspects. This study also included Hispanic victims and suspects. Using data on all sexual assaults reported to the San Diego Police from 1995 to 2002, the analysis focused on the effects of the racial/ethnic composition of the victim/offender dyad, the relationship between victim and offender, and type of rape on three sexual assault case outcomes: whether the victim declined prosecution, whether the police unfounded the crime, and whether the district attorney filed charges. A secondary analysis employed the liberation hypothesis to test whether the effect of race was confined to simple rape. Results indicated that the racial composition of the victim/offender dyad was largely insignificant in determining case outcomes, but that the relationship between victim and offender and whether the suspect and victim were under the influence of alcohol or drugs had strong effects.     

Recording of offences on police domestic violence call outs

ABSTRACT

Due to new legislation passed in 2011, Finnish police have been legally obligated to record and investigate all assaults, including petty assaults, occurring in close relationships. Referred to as domestic violence (DV), these assaults can be prosecuted even without victim consent. Much like pro- and mandatory arrest policies, this reform was aimed at decreasing victim and police discretion, based on the assumption that recording and preliminary investigation of every DV incident would help prevent further violence. Comparison between police call outs and the number of offences indicate that in reality not every DV incident is recorded. Using Police and Emergency Call Database data merged with 410 police officer survey responses, the current study presents the first empirical results on legal and extra-legal factors associated with recording DV as an offence in Finland. Factors explaining non-recording are discussed based on police officers’ free-text comments, and implications for policy and practice are presented.     

Victim cooperation and the prosecution of domestic violence in a specialized court

We address the role of victim cooperation in the prosecution of domestic violence cases in a specialized court in Toronto, Canada. We first examine what factors predict whether a case will proceed to prosecution. We find that, even in a court designed to minimize reliance on victim cooperation through the use of other types of evidence, when prosecutors perceive a victim to be cooperative, the odds that a case will be prosecuted are seven times higher than if a victim is not perceived to be cooperative. In the second part of our analysis, where we seek to determine the correlates of victim cooperation, we find that the two most important determinants of victim cooperation are the availability of videotaped testimony and meetings between victims and victim/witness assistance workers. We discuss the implications of these findings for future research and policy.     

National Human Trafficking Initiatives: Dimensions of Policy Diffusion

The implementation of criminal law involves formal law enforcement, education, and public outreach aimed at preventing criminal activity and providing services for victims. Historically, quantitative research on global trends has focused on a single policy dimension, potentially masking the unique factors that affect the diffusion of each policy dimension independently. Using an ordered‐probit model to analyze new human trafficking policy data on national prosecution, prevention, and victim‐protection efforts, we find that global ties and domestic interest groups matter more where international law is less defined. Although prosecution, mandated by the Trafficking Protocol, was relatively impervious to global ties and domestic interest groups, both trafficking prevention and victim protection were associated with these factors. Our findings also suggest that fear of repercussions is not a major driver of state actions to combat trafficking—neither ratification of the protocol nor levels of US aid were associated with greater implementation of antitrafficking measures.     

Prosecuting Domestic Violence without Victim Participation

This article explores the evidential challenges victim withdrawal presents in domestic violence cases. More specifically it examines innovative measures taken in the United States to overcome problems of proof typically associated with domestic violence prosecutions. These evidentiary initiatives have facilitated a shift towards so–called 'victimless' prosecution in the context of domestic violence which dispenses with victim participation. Drawing upon a 'freedom model' of criminal justice, this article examines whether recent developments in the United States might be emulated as a means of addressing the high rate of attrition in domestic violence cases in England and Wales.     

Women against men: An examination of domestic violence based on an analysis of official data and national victimization data

In recent years, increased attention has been focused on the victimization of women in domestic assaults. Several studies, derived from police reports, shelter populations, and general social surveys have documented the incidence and nature of this phenomenon. A companion discussion of the victimization of men in domestic assaults has been conspicuously absent. This article adds to our knowledge on domestic violence research by examining the incidence and correlates of male victimizations within the domicile. The findings are based on an analysis of approximately 6,200 cases of domestic assaults reported to law enforcement authorities and of national victimization data reported to the National Crime Survey.     

Spatial and temporal dimensions of assaults against children in Dallas,Texas, 1980–81

The role of environmental factors in incidents of violence has been relatively neglected in recent decades. Complementing recent research in social psychology and social geography, the present study tested two hypotheses: (1) general environmental conditions-day of the week, season of the y ear, and thermal stress-are significant predictors of the daily incidence of assaults on children, and (2) victim characteristics, sites of incidents, and types of assaults on children vary with levels of neighborhood socioeconomic status. Some 1614 incidents involving persons aged 18 and under were abstracted from a data base of 9994 aggravated assaults drawn from the files of the Dallas, Texas, Police Department, covering a 20-month period from March 1980, through October 1981. Analysis indicated that general environmental indicators are significantly related to daily frequencies of assaults on children. Further, neighborhood socioeconomic status was significantly associated with children's race, sites of assaults on children, and types of assault. Overall, only 11% of the assaults studied were classified as “abuse.” The dominant modes of assault involved firearms (28%) and knives (23%). The analysis revealed how assaults on children varied quantitatively and qualitatively as a function of victim characteristics, temporal and spatial context, and thermal stress.     

Stalking in the Context of Domestic Violence

Abstract

This article examines the effect of criminal justice intervention in domestic violence on stalking in that relationship. Almost two hundred female victims of misdemeanor domestic violence in three jurisdictions were interviewed three times after their cases had closed. Qualitative interviews were conducted with a subsample of 21 victims who had experience with stalking. Specific court outcomes in domestic violence cases and whether or not the victim cooperated with the prosecution do not impact whether or not a domestic violence victim experiences subsequent stalking. Women who experienced stalking in addition to domestic violence were more likely to use the system in the future than women who just experienced domestic violence. The qualitative interviews revealed additional findings regarding victims' opinions of the criminal justice response to stalking in the context of domestic violence.     

THE VICTIM-OFFENDER RELATIONSHIP AND CALLING THE POLICE IN ASSAULTS*

The revised National Crime Victimization Survey is used to examine the effects of the victim's relationship to the offender on whether assaults are reported to the police by either the victim or by third parties. The results indicate that the offender-victim relationship affects third-party but not victim reporting. The former effect occurs in part because third parties are unlikely to witness assaults involving people in ongoing relationships, particularly couples, and in part because third parties are reluctant to report minor assaults (i.e., those assaults that involve a threat but no actual attack and no weapon). We discuss possible explanations for why no effect of relationship on victim reporting was found.     

Domestic Violence Victims' Behavior in Favor of Prosecution

Abstract

This article examines how economic, emotional and social-power related factors affect victims' behavior in favor of prosecution during police investigations. Data drawn from police records and police narrative reports indicated that mutual charge, dual arrest, the severity of assaults and the severity of injuries suffered by victims negatively affected the victims' behavior in favor of prosecution. These findings suggest that the norm of unequal relationships between men and women combined with an indiscriminate use of mutual charge and dual arrest without considering the defensive or offensive nature of violent acts can reduce trust in the criminal justice system among women victims of domestic violence and decrease the victims' interest in pursuing prosecution.     

Predicting Officer Physical Assaults at Domestic Assault Calls

Police work is rife with the potential for physical harm, and domestic assault calls are one source of assaults on officers. Inability to accurately predict what circumstances might lead to an attack is one cause of officer cynicism and paranoia. Having the ability to identify which suspects pose the greatest threat of assault would allow officers to take appropriate protective measures. Using data collected from 1,951 domestic assault calls across three cities, the present study compared characteristics and behaviors of the batterers with whether or not the batterers physically assaulted the responding officers. Findings revealed five significant batterer characteristics (employment status, shared residence with abuse victim, alcohol consumption, property damage, and hostile demeanor toward officers) that successfully predicted officer assaults. These risk factors may be incorporated into police safety training in the response to family violence calls.     

When is an assault not an assault? The Canadian public's attitudes towards wife and stranger assault

There is no distinction in the Canadian Criminal Code between assaults committed on strangers and assaults of spouses. Traditionally, however, wife assault has been considered a private affair, and it has been argued that this attitude continues to be reflected in the police response to domestic disputes. In this study of 240 adults'written responses to assault scenarios, the victim-offender relationship produced variations in ratings of seriousness, in the relative amounts of blame attributed to the victim and offender, and in the recommended police response. In general, nondomestic recidivist offenders tended to be treated most harshly by the subjects, as did offenders who assaulted their victims inside a private house. Additionally, female subjects gave higher ratings of seriousness of the offense, and considered future violence by the offender to be more likely, than did male subjects. The findings are explained in terms of the subjects' ability to identify with the offender, although the decision-making process in judging cases of assault is evidently complex. The implications of these findings for police officers with discretionary powers are considered.

     

Police response to physical assault and stalking victimization: A comparison of influential factors

The current study uses the National Violence Against Women Survey to examine factors associated with criminal justice system involvement in incidents of male physical violence and stalking against women. While both stalking and physical domestic assault incidents are more likely to be reported to the police if the victim is female or if the offender has used threats, only physical domestic assaults are less likely to be reported to the police when the offender is familiar. Additionally, when considering formal police responses, there are very few similarities across the models for physical domestic assault and stalking. These findings show that physical domestic assault and stalking are two unique types of crimes and should be considered separately in any analysis of factors affecting legal decisions and responses to domestic violence.     

我国刑事起诉程序的不足与完善

我国刑事立法中自诉案件存在的不足主要表现为自诉案件范围过于宽泛,自诉与公诉转换条件模糊,因而自诉程序的价值难以发挥。应当限制自诉案件的范围,对由公安机关立案侦查的自诉案件,被害人有是否提起公诉的决定权。     

Domestic Sexual Assault: A New Opportunity for Court Response

Based on research conducted for the State Justice Institute, this article examines the invisibility of domestic sexual assault—also known as intimate partner sexual assault or spousal, wife, or marital rape—from the perspective of community and court responses to domestic violence and sexual assault. The article identifies the consequences of invisibility of domestic sexual assault, including the potential for lethality, and offers suggestions to courts for improving outcomes for victims and perpetrators. Areas explored include data collection and analysis, judicial leadership, and specialization in victim response systems, law enforcement and prosecution, court management, and offender intervention.     

Catch‐22: Exploring Victim Interests in a Specialist Family Violence Jurisdiction

Research and advocacy over the past few decades have combined to draw attention both to the inadequacies of criminal justice intervention in domestic violence as well as the law's positive potential. Radical changes in law, policy, and practice have been implemented in the civil and criminal jurisdictions in most western countries, including Australia. More proactive intervention from criminal justice agencies has not been without its critics. The interests of victims of domestic violence have been portrayed by some as being in conflict with those of the justice system. This article explores this interaction using evaluation surveys and qualitative data from interviews with 360 victims of domestic violence in an urban Australian jurisdiction. Using a smaller subset of respondents, the article provides an exploratory examination of victims’ engagement with criminal prosecution and how they place themselves within the decision‐making process and the objectives of the system. The article concludes that there is significant congruence between victim objectives and interests and those of a public‐interest justice system.     

Lethal Outcome in Sexual Assault Events: A Conjunctive Analysis

This paper examines violent sexual assaults and the factors associated with those assaults with lethal outcomes. It utilizes a criminal events perspective in conceptualizing the nature of these assaults and divides the event into three domains: victim characteristics, situational characteristics, and crime characteristics. Using a method developed by Miethe, Hart, and Regoeczi, conjunctive analysis of case configurations, we find that certain characteristics of the crime itself and certain characteristics of the victim appear strongly associated with fatal outcomes in sexual assaults, while situational characteristics appear relatively weakly associated with lethality.     

Motivating Questions and Partial Answers: A Response to Prosecuting Domestic Violence by Michelle Madden Dempsey

Michelle Madden Dempsey’s compelling book sets out a normative feminist argument as to why and when prosecutors should continue to pursue prosecutions in domestic violence cases where the victim refuses to participate in or has withdrawn their support for the prosecution. This paper will explore two of the key aspects of her argument—the centrality and definition of the concept of patriarchy, and the definition of domestic violence—before concluding with some final thoughts as to the appropriate parameters of feminist prosecutorial decision-making. The paper argues that Madden Dempsey could offer a more detailed and nuanced argument about the role that patriarchy plays, particularly its relevance in marking out appropriate cases for pursuit; and that her thesis requires a more convincing exposition of the precise reasons for offering such a narrow account of domestic violence.