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.     

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.     

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.

     

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.     

Interpersonal violence cases reported to the police: a Nigerian study

The study involves 204 cases of interpersonal assault reported to the police during a period of 1 year. The patterns of domestic violence and community violence involving friends, neighbors, and strangers are described. The most common type of violence reported to the police is community interpersonal violence in which victims are mostly females and perpetrators are mostly males and members of gangs. Cases of rape are reported, whereas spousal violence tends to be underreported. On the whole, female victims are more likely to be younger than their male counterparts, whereas the male perpetrators are more likely to be unemployed. Repeat assault is found in 43 instances. Possible psychological and sociological explanations are offered for violent gang activities. The need to sensitize the police to become more involved is emphasized. The author proposes suggestions that may help reduce the incidence of community violence.     

Under the radar: policing non-violent domestic abuse in the US and UK

Physical violence is but one of many tools that may be used to gain greater power within intimate relationships, yet the legal response has been critiqued for failing to recognise and respond to the full spectrum of abusive behaviours, such as coercive control. Using a sample of police officers from the United States (US) and the United Kingdom (UK), the current study utilises hypothetical vignettes to assess police officers’ perceptions of domestic abuse, including those incidents that are not necessarily physically violent, but involve stalking and other coercive, controlling behaviours that are harmful and require intervention. Within- and between-country similarities and differences were analysed. Findings revealed that the majority of officers in both countries possessed a good level of understanding of domestic abuse and how they should respond to it – amidst and beyond the physical violence. However, our analysis of both quantitative and qualitative data also showed that the use of physical violence is at the forefront of many officers’ expectations about domestic abuse, and that when physical violence is absent, the police response is less proactive. Our study finds some support for the idea that non-physical abuse does go “under the radar” to some extent for some officers, and that this is more the case for American officers than their British counterparts. Findings are discussed in terms of context of the research sites and implications for policy, practice and future research.     

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.     

Violent Stalkers. Detecting Risk Factors by the Police

In the experience of stalking victims a common element is the fear of physical violence. Until now risk factors that predict physical violence within stalking contexts have been carried out in relatively small, clinical-forensic samples. Consequently, the validity and practical utility of these risk factors in the law enforcement context remains unknown. Furthermore some risk factors have been identified in this research on the basis of information that is not available for or difficult to detect by the police in an early stage of the law enforcement process. The identification of risk factors of physical violence in stalking incidents in an early stage by the police was the subject of the presented study. Risk factors are identified based on literature, content analysis of police records and by testing interaction terms. Therefore 204 judicial files were analyzed, resulting in a five factor model predicting physical violence. Theoretical and practical implications of these findings are discussed.

The Impact of Officer and Agency Characteristics on the Likelihood of Arrest in Domestic Violence Situations among Rural Law Enforcement Officers

Domestic violence cuts across all demographic groups. The factors related to why police officers arrest in some domestic violence situations but not others have been often studied. Little research, however, has been conducted on the arrest views of rural police officers. One hundred seventy line officers in six rural Midwestern counties were surveyed to determine the impact of officer personal characteristics and agency type on arrest decisions in various hypothetical domestic violence scenarios. First, the same situational factors appeared to be important in shaping the arrest decision in domestic violence calls of rural officers as have previously been found with urban officers. Second, the characteristics of officers and the type of agency had some impact on the likelihood of arrest, particularly if there was evidence of a physical assault. Third, the presence of evidence of a physical assault helped shape the arrest decisions of rural officers. Fourth, situational factors were more important than officer characteristics and the type of agency. Nancy Hogan and Shannon Barton contributed equally to the paper. The authors thank Janet Lambert for editing and proofreading the paper. The authors also thank the anonymous reviewers for their comments and suggestions.     

Police Response to Crime

Abstract

Based on victim accounts provided by the National Crime Victimization Survey from 1992 to 1999, this paper examines issues related to police responses to reported incidents of assault, robbery, and rape. The primary goal was to determine the extent to which victim and offender race influence police responsiveness at various stages of the criminal justice system. The data indicate that overall, police exert more effort when victims are white. They arrive faster at the scene of the crime, and demonstrate more follow-up effort after the crime has taken place. However, they do not exert more, or less effort, during their initial visit to the crime scene, when there is proximate contact with the victims. This suggests that contextual factors may affect the penchant for discrimination. This relationship held even after controlling for other factors such as poverty, weapon use, injury to the victim, and location.     

Understanding Domestic Violence in India During COVID-19: a Routine Activity Approach

Domestic violence, a prevalent problem in India, saw an increase during the lockdown imposed to contain the spread of COVID-19. This article explores the factors associated with an increase in domestic violence incidents during COVID-19 by applying routine activity theory (RAT) framework. Data were drawn from the incidents of domestic violence reported in newspapers. Data was analyzed using content analysis and three major themes, i.e., three principle components of RAT—motivated offender, suitable target, and absence of capable guardian—were drawn. Findings reveal that sources of motivation in domestic violence perpetrators during the lockdown were alcohol and unemployment. The symbolic value that perpetrators associated with women, lower inertia, visibility, and accessibility to the perpetrators made women suitable targets of domestic violence. Lastly, shortage of police force and travel restrictions on formal and informal sources resulted in the absence of capable guardians. We conclude that changes in the routine activities of people during the COVID-19 lockdown provided more opportunities to the perpetrators of domestic violence.

     

A special police unit: Intimate partner violence and perceived helpfulness of services received

To evaluate the perceived effectiveness of domestic violence assistance offered by a special unit of an urban police department, 90 women having filed assault, stalking, or harassment charges on an intimate were interviewed. Threats of abuse, physical abuse, and stalking were measured—86% of the women reported experiencing severe abuse and 60% of the women had been stalked. On follow-up interview—41% of the women reported the abuse had stopped, while 7% said the abuse had decreased. Half of the women had used information provided by the unit, with 86% of the women considering police services received as being helpful. Authors' Note: Pam Willson, Ph.D., is a post-doctoral research associate at Texas Woman's University in Houston. Judith McFarlane, Dr. PH, currently holds the Parry Chair in Health Promotion and Disease Prevention at the University. Ann Malecha, Ph.D., is assistant professor of nursing at the University. Dorothy Lemmey, Ph.D., is associate professor of Nursing at Lakeland College.     

Racial and ethnic disparities in police-reported intimate partner violence perpetration: a mixed methods approach

The objectives of this study were to examine racial and ethnic disparities in perpetrator and incident characteristics and discrepancies between police charges and reported perpetrator behaviors in police-reported intimate partner violence (IPV). This cross-sectional study used standardized police data and victim narratives of IPV incidents reported to the police in Dallas, Texas in 2004. The sample included non-Hispanic White, non-Hispanic Black, and Hispanic male perpetrators who were residents of Dallas (N = 4470). Offense charges were prioritized in descending order: sexual assault, aggravated assault, simple assault, kidnapping, robbery, and intimidation. Textual data from the victim narratives were coded, based on the revised Conflict Tactics Scales (CTS), and categorized in descending order of priority: sexual (severe, minor), physical (severe, minor), and psychological (severe, minor) assault. Perpetrators were more likely to be Black and Hispanic. Perpetrator and incident characteristics varied significantly by race/ethnicity, particularly age, age difference between partners, marital status, injury, and interracial relationships. Qualitative data revealed that greater proportions of Black and Hispanic men perpetrated severe physical, but not sexual violence, compared with White men. The greatest disparity between CTS categories and police charges occurred among those cases identified by the CTS as severe physical IPV; 84% were charged with simple assault. Significant differences by race/ethnicity were found only for simple assault charges, which were coded as severe physical as opposed to minor physical IPV more often among Black (69% and 31%) compared with White (62% and 38%) men. The disparities revealed in this study highlight the need to enhance primary and secondary prevention efforts within Black and Hispanic communities and to increase linkages between police, community, and public health organizations.     

Responses of Police Officers to Cases of Officer Domestic Violence: Effects of Demographic and Professional Factors

Although the perpetration of domestic violence by police officers has received more attention lately, little research has examined the topic. This study investigated common responses of police officers (n = 1108) to officer-perpetrated domestic violence case scenarios and the relationships between officer characteristics and such responses. Common responses included encouraging the victim to file a formal report, assisting in finding help for domestic abuse, and referring the offending officer to an employee assistance program (EAP) or counselor. Arrest was a likely response when officers were asked to imagine they witnessed a victim’s injuries and heard statements about an assault in a case scenario. Supervisors had the most victim-supportive responses, suggesting they may be very good trainers of front-line officers.     

Police response to domestic violence: making decisions about risk and risk management

Assessing and responding to risk are key elements in how police respond to domestic violence. However, relatively little is known about the way police make judgments about the risks associated with domestic violence and how these judgments influence their actions. This study examines police decisions about risk in domestic violence incidents when using a risk assessment instrument. Based on a sample of 501 risk assessments completed by police in Australia, this study shows that a limited number of items on the risk assessment instrument are important in police officers' decisions about risk. Statistical analyses show that the victim's level of fear contributes to police officers' judgment on the level of risk and their decisions on which risk management strategy should be used. These findings suggest that research on police responses to domestic violence needs to pay greater attention to situational dynamics and the task requirements of risk-based decision making.     

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.     

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.     

An Examination of the Outcomes of Various Components of a Coordinated Community Response to Domestic Violence by Male Offenders

With recognition that police intervention by itself is not entirely effective, in recent years there has been a shift in public policies towards the implementation of a coordinated community response to domestic violence incidents. This article examines the impact of participation in several aspects of a coordinated community response (CCR) in a mid-sized city in the Midwest. Specifically, recidivism was examined using information on officially recorded re-arrests for 131 male domestic violence offenders involved in a CCR type intervention. In addition, exploratory analyses attempt to determine if certain offender characteristics are related to their likely of progressing through each of several post-conviction components of this CCR-type intervention. Limitations of the research and suggestions for policy responses to domestic violence are discussed.

Situational Factors in Disputes Leading to Criminal Violence

This article examines the interactive process leading to criminal violence. Official data from 159 incidents of homicide and assault that were not committed in conjunction with other crimes and that resulted in incarceration were examined with respect to the actions of offenders, victims, and third parties. These incidents tended to follow systematic patterns. They began with identity attacks, followed by attempts and failures to influence the antagonist. Threats were made and finally the verbal conflict ended in physical attack. It appears that retaliation is a key principle in the escalation of these incidents in that aggressive actions by the victim were associated with aggressive actions by the offender and the likelihood that the victim would be killed. The importance of situational identities for retaliating was suggested bg the moderately strong relationship observed between identity attack and counterattack. Retaliation also occurred for strategic reasons, in that offenders were more likely to kill aggressive victims when those victims used weapons.     

A ‘double edged sword’: discretion and compulsion in policing domestic violence

Policing domestic violence is a complex area in which there are divergent views about the extent to which front line police action should be mandated by legislation and guidance. This study set in Victoria, Australia raised questions about the balance between discretion and compulsion in policing domestic violence through researching the implementation of the Code of Practice used to respond to domestic violence incidents. The project team interrogated aggregate data from the police database on family violence and also interviewed 125 police members (60 sergeants and 65 constables) to explore the attitudes to the Code of Practice and policing domestic violence. The findings reveal that discretion within a range of options is circumscribed. Variable understandings of the nature of domestic violence and the role of risk assessment and management suggest that constrained and guided discretion may be required to achieve optimum effectiveness in policing responses to domestic violence.