Protecting victims of intimate partner violence: Swedish prosecutors’ experiences of decision-making regarding restraining orders

Restraining orders can be used as a risk management strategy to reduce the likelihood of intimate partner violence (IPV) re-victimisation. The aim of this study was to examine how prosecutors work with cases of IPV, with a focus on their collaboration with police, use of violence risk assessment and implementation of restraining orders. A qualitative analysis was conducted based on semi-structured interviews with five prosecutors operating in two northern police districts in Sweden in 2016. Data were analysed using latent content analysis. Three overarching themes arose: The case, Organization of resources and Interpretation of the law. Each theme was discussed in the context of the prosecutors’ work with IPV. Prosecutors pointed to several inadequacies in the legislation and offered potential solutions that would ameliorate their work. Results also showed that prosecutors seldom used violence risk assessments conducted by police as a basis for issuing restraining orders. The primary reason for this was a lack of clear routines governing cooperation between police and prosecutors in the application process. The results from this study can be used when training criminal justice personnel in order to obtain a better understanding of the difficulties that prosecutors face when trying to protect victims of IPV.     

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.     

国际刑事法院检察官的地位与功能研究

被赋予国际刑事案件调查、起诉权的检察官 ,在国际刑事法院运作程序中是最活跃最积极的因素 ,对于国际刑事犯罪的惩治起着关键性作用。其组织和功能上的特点是 :审检合署的机构设置 ;“检警一体”的功能结构 ;在检察事务和内部管理上实行“检察长负责制” ;受刑事预审法庭的司法审查等。但在检察官行使职权时 ,存在与相关国家主权协调 ,克服直接调查取证可能遇到的障碍 ,以及合理对待国际政治因素对刑事检控的影响等问题     

“I Didn’t Want To Put Them Through That”: The Influence Of Children on Victim Decision-making in Intimate Partner Violence Cases

For mothers, intimate partner violence (IPV) presents a concern not only for their own well-being but also for that of their children who are exposed to the violence and its aftermath. In focus groups with adult women (N = 39) across three jurisdictions who had experienced legal system intervention for IPV victimization, mothers raised unsolicited concerns about the negative effects of IPV exposure on their children. These comments were not prompted by the facilitator but were raised by women in all seven of the focus groups during discussions about motivations and barriers to participation in prosecution of their abusive partners. The overall message was that victims with children felt very conflicted. Children both facilitate and inhibit leaving the abusive relationship. Mothers wanted to spare their children from harmful effects of violence but also wanted to keep their families together and protect their children from potential agitation and instability caused by legal system involvement. Participants described how fears and threats of involvement from child protective services inhibited help-seeking while simultaneously voicing a desire for services that would help their children. More research is needed to help service providers understand the quagmire mothers who are victims of IPV encounter regarding their children’s wellbeing.     

Victim Noncooperation in the Prosecution of Domestic Assault

In recent years increased attention has been focused on the response of the criminal justice system to domestic violence. Several studies have attributed the low rate of prosecution for spousal assaults to noncooperation on the part of police, prosecutors, and judges. A discussion of the role played by victim noncooperation in the prosecution process has been conspicuously absent. This article presents preliminary findings from a study of approximately 6,200 cases of domestic assaults reported to law enforcement authorities. The incidence and correlates of victim noncooperation are outlined at four decision points.     

Barriers to Seeking Police Help for Intimate Partner Violence

Intimate partner violence is underreported to police. A study was conducted utilizing focus group methodology to identify women's perceptions of the barriers to seeking police help for intimate partner violence (IPV). Facilitators used a structured format with open-ended questions for five focus group sessions that were recorded and subsequently analyzed using Ethnograph software. Participants were 41 women identified from social service agencies in an urban setting serving IPV women with diverse ethnic and cultural backgrounds. Participants identified many barriers for victims, which fell within the following three themes: (1) Predisposing characteristics — situational and personal factors; (2) fears and negative experiences with police response; and (3) fears of possible repercussions. Participants also described positive experiences with police and generated a wish list for improving police response to IPV. Policies and actions that can be taken by police and social service agencies to address the barriers IPV victims face in seeking police help are discussed.     

Feminist Prosecutors and Patriarchal States

In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s community and state less patriarchal and thus help stamp out domestic violence. This article analyzes two issues arising from Dempsey’s work: first, whether prosecutors can justifiably be viewed as representatives of their states and communities; and, second, how prosecutors committed to using their discretion to battle both domestic violence and patriarchy would go about determining in a particular case whether to pursue criminal charges against the wishes of a victim.     

The Impact of Children on Legal Actions Taken by Women Victims of Intimate Partner Violence

Successful criminal or civil legal system response to assaults against intimate partners (intimate partner violence; IPV) usually rely on the victim’s participation in the legal process, including having contact with the prosecutor, filing charges, and/or applying for an order of personal protection. Using data abstracted from criminal and civil legal system records for a county-wide cohort of 990 female IPV victims over a 4-year period, we examine the impact of having children, and of specific child factors, on victims’ engagement with the criminal prosecution of their abusive partners and/or seeking a personal protection order (PPO) in the civil court system. Having children increased victim’s contact with the prosecutor and applications for PPOs, but did not increase her likelihood of wanting to file or drop charges. Findings support prior work suggesting both the importance and complexity of children on mothers’ decision-making. Policy makers and service providers may want to assess survivors’ thoughts about the role children play in their decision-making. Additionally, by offering survivors interventions to help their children address the impact of IPV exposure, survivors may be more willing to engage with services.     

Prosecution decisions in cases of domestic violence involving children

Increasing attention is being paid to the problem of children as the secondary victims of domestic violence. It is now well documented that children suffer as a result of domestic violence. However, it has yet to be shown how, if at all, the presence of children as direct or indirect victims influences the decision-making of the police and prosecutors in those cases of domestic violence which enter the criminal justice process. The findings of an empirical study of the Crown Prosecution Service (CPS) that shed light on this issue are discussed in this article. The research, which combined an analysis of case files with observations and discussions with prosecutors, suggests important differences between the approach of the police and CPS lawyers.     

Police Response to Intimate Partner Violence in Canada: Do Victim Characteristics Matter?

This study examines the role of sociodemographic factors and violence characteristics in influencing women's reporting behaviors and types of police intervention received in response to intimate partner violence (IPV) in Canada. A subset of female respondents to Canada's 1999 General Social Survey who experienced physical or sexual IPV by a male perpetrator and who had contact with the police as a result of the violence was used for this analysis (n = 383). Findings suggest significant racial, economic, and social variations in women's motivation for self-reporting violence to the police as well as in the types of law enforcement interventions administered by police in response to reports of IPV. Implications for policy development are examined.     

Vulnerability Factors among Women Victimized by Intimate Partner Violence and the Presence of Children

This study aimed to a) examine the presence of children in relation to victim vulnerability factors and assessed risk for intimate partner violence (IPV) re-victimization, and b) examine the police response, in terms of risk management, in IPV cases with and without children, respectively. Data from a sample of 1407 women who had reported IPV victimization to the Swedish police was analyzed. The material consisted of risk assessments conducted by the police using the Swedish version of the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) checklist, as well as the recommended risk management strategies. A series of chi-square tests of independence revealed that women with and without children, respectively, displayed different vulnerability factors to different extents. Women with children expressed more extreme fear of the perpetrator and were more likely to have an unsafe living situation, whereas women without children displayed more inconsistent attitudes or behaviors and health problems. However, binary logistic regression analyses showed that the victim vulnerability factors that were most strongly associated with an elevated risk rating for IPV re-victimization were generally the same for both groups of victims. Finally, the presence of children was related to a higher risk rating for imminent IPV re-victimization and to recommendations of more than standard levels of risk management strategies. The results indicate that the Swedish police consider the presence of children in relation to a victim’s risk for re-victimization as well as in terms of recommended risk management strategies.

     

Arresting Women: Pro-arrest Policies,Debates, and Developments

Police departments across North America have adopted pro-arrest policies in intimate partner violence (IPV) cases with the intent of constraining police discretion and providing better protection for IPV victims. It has been suggested that an unintended consequence of pro-arrest policies has been an increase in the number of women arrested for IPV when their behavior is defensive rather than aggressive. Concern about inappropriate arrests of women is particularly pronounced in cases of dual arrest. This study examines the arrests and court processing of 2,736 women in heterosexual relationships accused of IPV offences in Winnipeg, Canada. The characteristics of accused and court processing of dual and sole arrested women are examined. Dual arrested women are less likely to be prosecuted than sole arrested women. We explore whether an effective ‘primary aggressor’ policy can reduce dual arrests, which are the cases most likely to be dropped at the prosecution level.     

The Impact of Specialized Domestic Violence Units on Case Processing

This study involves an evaluation of an innovative approach to the handling of domestic violence (DV) cases in the city of Cleveland, Ohio that includes (1) a DV Project composed of specially trained police detectives, prosecutors and victim advocates for investigating and prosecuting domestic violence cases involving adult female victims who are married to, cohabitating with, or have a child with the defendant; and (2) a Dedicated Domestic Violence Docket that involves two Municipal Court judges hearing all of the domestic violence cases that are handled by the DV Project. We collected data on six months of domestic violence cases occurring in the latter half of 2008 (N?=?1388), by linking records from the Cleveland Police Department, the Prosecutor’s Office, and the Municipal Court. We found that very few victims in police districts lacking the DV Project follow up with a prosecutor to pursue the case further, indicting that specialized DV units in police departments can have a significant impact on the number of DV cases that move forward through the criminal justice system. DV Project cases were slightly less likely to result in charges issued by prosecutors (OR?=?.499) but more likely to result in dismissals (OR?=?2.545) and referrals to DV treatment programs (χ²?=?3.88).     

Racial Minority Women and Criminal Justice Responses to Domestic Violence

Racialized minority women’s experiences with Canadian specialized criminal justice responses to domestic violence have seldom been documented. Informed by an intersectionality framework, this qualitative study presents the struggles of 14 racial minority women from three Canadian cities and their experiences with the police and criminal court’s response to their partner’s acts of domestic violence. The results focus on how well specialized criminal justice responses address the needs of these women and protect them from further violence. Factors that facilitate or deter these women from approaching the criminal justice system for help are highlighted. The implications of these women’s narratives for criminal justice responses to domestic violence are discussed.     

Ambivalent sexism,empathy and law enforcement attitudes towards partner violence against women among male police officers

Police attitudes towards partner violence against women (PVAW) can play an important role in their evaluation and responses to this type of violence. The present study aims to examine ambivalent sexism and empathy as determinants of male police officers' law enforcement attitudes towards PVAW. The study sample was composed by 404 male police officers. Results suggested that male police officers scoring low in benevolent sexism expressed a general preference for unconditional law enforcement (i.e. regardless of the victim's willingness to press charges against the offender), whereas those scoring high in benevolent sexism expressed a preference for conditional law enforcement (i.e. depending on the willingness of the victim to press charges against the offender). Results also showed that police officers scoring high in empathy and low in hostile sexism were those who expressed a general preference for unconditional law enforcement. The presence of sexist attitudes and low levels of empathy among some police officers, and their influence on law enforcement attitudes, highlights not only the importance of specific training, but also the need to pay attention to the selection process of police officers dealing with PVAW.     

Intimate Partner Violence Against Women: Is Women Empowerment a Reducing Factor? A Study from a National Bangladeshi Sample

This article explores how women empowerment affects Intimate Partner Violence (IPV) in Bangladesh using a cross-sectional investigation of currently married women (n = 4,181) sampled via the Bangladesh Demographic Health Survey (BDHS), 2007. About one-fourth (24%) of currently married Bangladeshi women experienced both physical and/or sexual IPV in the past year. Prevalence of physical and sexual violence was 19.4% and 10.5%, respectively. Younger generation (age 15–24), illiterate, rural, and the poorest household wealth categorized women were much victimized. Current employment status predicted intimate partner violence. Household decision-making pattern also emerged as a predictor of IPV. Likelihood of all forms of IPV increases with increase of number of participation in household decision-making. Promoting women empowerment in the household without men’s support may put women at more risk of IPV.     

Discretion at the Pre-Trial Stage: A Comparative Study

This study aims to explore the discretion of the police and prosecutors during the pre-trial stage based on six systems of criminal justice: England and Wales, the United States, France, Germany, Japan, and South Korea. In criminal proceedings, discretion plays a significant role in supplementing as statutes cannot provide for every circumstance. In particular, at the pre-trial stage, public prosecutors can conclude their cases by exercising considerable discretion. Such discretion differs depending on the jurisdiction. The differences demonstrate distinctive prosecutorial roles. Based upon these findings, I propose that in general, the public prosecution service plays a filtering role. Unlike other jurisdictions, in Korea the prosecutors act as monopolists. However, justice cannot be achieved by the monopoly of one legal actor in the criminal proceedings.     

The European Sourcebook of Crime and Criminal Justice Statistics: A New Tool in Assessing Crime and Policy Issues in Comparative and Empirical Perspective

Theories which suggest a relationship between crime or criminal justice variables on the one hand, and variables related to criminal justice policies on the other hand, cannot be tested without reference to historic or comparative data. Since international comparisons offer the most powerful test of such theories, policy-related research in Europe has suffered, so far, from a lack of valid comparative data. Whether crime data from different countries are comparable, has always been subject to controversies. In the case of the European Sourcebook of Crime and Criminal Justice, a network of specialists was established under the auspices of the Council of Europe in order to assess the validity of the data. Although some problems in cross-country level comparisons could not be settled, the European Sourcebook offers comparative data on 36 Member States of the Council of Europe on a variety of subjects (offences and offenders known to the police; prosecution, convictions, sentences, and corrections; survey data; and indications on manpower and budgets of police forces, prosecutors, and corrections).     

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.     

Overseeing Criminal Justice: The Supervisory Role of the Public Prosecution Service in China

The Chinese public prosecution service, the procuracy, is modelled on the Soviet Union system and has been accorded the controversial function of supervising other legal institutions in the criminal justice system. Drawing upon my own empirical data on the prosecution of crime in China, this article critically examines the way the power of supervision operates from an internal perspective. It argues that the power of supervision has been used as an institutional asset to secure the interests of the procuracy by analysing its oversight of police investigations and court decisions, the way prosecutors perceive themselves, and the efficacy of the supervision in a comparative context. The current status of the procuracy dictates that it is unable to undertake the role of supervision to safeguard the criminal process.