Coordinated Community Intervention for Domestic Abusers: Intervention System Involvement and Criminal Recidivism

This study examined prosecution and post-prosecution elements of a coordinated community intervention approach to male perpetrators of adult domestic violence. In a sample of 235 cases, recidivism was assessed from official criminal justice data during a 12- to 18-month period after cases were initially handled by the Baltimore, Maryland State's Attorney's Domestic Violence Unit. Court orders for domestic violence counseling were associated with significantly lower criminal recidivism for battery or violation of a civil order of protection. Lower criminal recidivism was also associated with the cumulative effects of successful prosecution, probation monitoring, receiving a court order to counseling, attending counseling intake, and completion of counseling. Individuals with greater involvement in this intervention system had lower recidivism rates, even though offenders with more extensive abuse histories experienced more intervention. Results provide qualified support for coordinated community intervention for domestic violence perpetrators.     

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.     

A Comparison of Men and Women Arrested for Domestic Violence: Who Presents the Greater Threat?

Recent increases in the number of women arrested for domestic violence raise important questions about implementation of proarrest policies, equivalency of intimate partner aggression across genders, and management of female domestic violence offenders. This study compares demographic characteristics, criminal history variables, and the past domestic violence history of men (n = 5,578) and women (n = 1,126) arrested for domestic assault against a heterosexual intimate partner. Using victim reported information and data collected by local criminal justice agencies, we found that female arrestees were significantly less likely than males to have histories that warrant concern regarding the potential for future violence. Implications of these findings are discussed.     

The impact of sentencing options on recidivism among domestic violence offenders: A case study

Past domestic violence research has tended to focus on issues related to law enforcement responses. More recently, the focus has shifted to other components of the criminal justice system, such as prosecution and correctional responses, to determine the best way to reduce domestic violence. This project is a case study of 177 male convicted domestic violence offenders who were sentenced to one of five options: community corrections; jail; a suspended sentence; private counseling, a fine, or restitution; and advisement. The focus of this inquiry is on the likelihood of each sanction reducing future arrests and convictions for domestic violence. The results reveal that no one sanction is more effective than the other options. A draft of this paper was presented at the annual meeting of the Southern Criminal Justice Association, Chattanooga, TN, 1999. The authors would like to thank the editor and the anonymous reviewers for their insightful comments and suggestions on an earlier version of this paper. This work stems from a project started by Chesterfield County and Melissa Gross to complete her Master of Social Work degree requirements. The primary authors of this piece are Jill A. Gordon and Laura J. Moriarty. The ordering of names are alphabetical after Melissa Gross.     

Police attitudes toward domestic violence offenders

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

Revisiting prediction models in policing: Identifying high-risk offenders

The use of prediction models for classifying offenders has been a common practice by the criminal justice system. Given the recent developments in criminal career research and continuing evidence that a small proportion of chronic offenders are responsible for the majority of crime, there is a continued need to identify high-risk offenders early on in their offending careers. The present study provides support for the accuracy of an innovative prediction instrument that was developed for identifying high-risk offenders in a rural county in a southern state. Offender risk classification was found to be associated with reoffending across different dimensions of assessment and the high-risk offenders had accumulated a greater mean number of arrests upon six-month follow-up when compared to the medium and low-risk offenders. Policy implications and directions for future research incorporating prediction models in policing are also discussed.     

The next generation of court-mandated domestic violence treatment: a comparison study of batterer intervention and restorative justice programs

Objectives

The most common approach to treatment of domestic violence crimes in the United States is the mandated group-based Batterer Intervention Program (BIP). Several alternative treatment approaches have been developed over the years, including a restorative justice-based treatment program for domestic violence offenders called Circles of Peace (CP). This study compared a CP program administered in Arizona with a local BIP program, in controlled settings.

Methods

This study involved a randomized controlled trial with 152 domestic violence cases randomly assigned to either BIP or CP between September 2005 and March 2007. Independent sample t tests were used to measure treatment outcomes post-random assignment, in terms of both domestic violence and non-domestic violence re-arrest rates during four follow-up periods (6, 12, 18, and 24 months).

Results

CP participants experienced less recidivism than BIP during all follow-up comparisons. However, statistically significant differences were detected only for the 6-month (p?<?.1) and the 12-month (p?<?.05) follow-up comparisons for non-domestic violence re-arrests, and no statistically significant differences were detected for the domestic violence re-arrests.

Conclusions

The findings are generally statistically non-significant at .05. While these results do not suggest a change in policy from BIP to CP for domestic violence crimes, it does dispel the popular belief that restorative justice cannot be used to treat domestic violence criminal activity, in that CP does no worse than the traditional batterer intervention program. Given the low statistical power and high attrition rates, more research is necessary to test CP and restorative justice treatment generally in court-mandated domestic violence cases in order to understand the treatment impact on both domestic violence and non-domestic violence offenders.     

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.     

What happens when a reform works? The need to study unanticipated consequences of mandatory processing of domestic violence

One of the primary facets of the sociology of law is concerned with the relationships between formal rules and regulations having the force of governmental social control and the values, norms and practices of those who enforce them (or not). This “law in action” perspective enables research to test out the differential impact on legal decisions of both formal and informal aspects of social control (Hawkins, 1992). One of the limitations of recent work on domestic violence is that it focuses too narrowly on one or two negative sanctions, e.g., arrest or restraining orders, to the exclusion of the other options and the mix of formal and informal decisions in the criminal justice system as a whole (Reiss, 1974). This research attempts through a close analysis of the workings of the Quincy, Massachusetts criminal justice system in response to domestic violence, to identify the consequences, unanticipated and anticipated, of decisions made in several domains (public, police, prosecutors, and courts) of the criminal justice system. This study uses in-depth interviews with batterers, victims and criminal justice agency and related personnel as well as agency policies, training materials and records to examine possible unintended consequences of aggressive intervention in cases of domestic violence. This study will explore the impact of the Quincy Domestic Violence Program, considered to be a national model, on the lives of victims and offenders who are treated by the court. We have selected the District Court at Quincy, Massachusetts as our research site. It has a well deserved national reputation treating abusers systematically from the initial intake by arresting officers through close supervision in probation.     

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.

REDUCING INTIMATE PARTNER VIOLENCE: AN EVALUATION OF A COMPREHENSIVE JUSTICE SYSTEM‐COMMUNITY COLLABORATION*

Research Summary In 1999, three communities were selected to participate in a research demonstration designed to test the feasibility and impact of a coordinated response to intimate partner violence that involved the courts and justice agencies in a central role. The primary goals of the Judicial Oversight Demonstration (JOD) were to increase victim safety, hold offenders accountable, and reduce repeat offending using coordinated community services and integrated justice system policies in intimate partner violence court cases. The partnerships differed from earlier coordinated community responses to domestic violence by placing special focus on the role of the court, specifically the judge, to facilitate offender accountability in collaboration with both nonprofit service providers and other criminal justice agencies. This article presents the results of an impact evaluation of this demonstration in all sites. The demonstration received mostly positive responses from justice system agencies, service providers, offenders, and victims. Improvements were made in offender monitoring, consistent sanctioning, and increased supervision. However, these changes did not translate into gains in victim perceptions of their safety or into reductions in repeat violence in all sites. Policy Implications The demonstration had minimal impact on changing offender attitudes and behavior. The mixed results of the evaluation indicate that the most effective justice system responses to intimate partner violence must include a focus on protecting victims, close monitoring of offenders, and rapid responses with penalties when violations of court‐ordered conditions are detected. Indications were found that JOD strategies were effective for some subgroups, including younger offenders with fewer ties to the victim and offenders with extensive arrest histories. The observed reductions in intimate partner violence in selected subgroups in the JOD sites may suggest a fruitful way to begin designing new intervention strategies, including prevention programs for men and women.     

Changing the Domestic Violence Narrative: Aligning Definitions and Standards

Many states use a broad legal definition of domestic violence that includes intimate partner violence along with family violence, and it is from this broader conceptualization that the criminal justice system intervenes and often treats all types of offenders in the same way. This judicial response can include a mandate to attend a Batterer Intervention Program-type group, which does little to address violence that occurs outside of the “traditional” partner violence paradigm. In order to advance interventions for physical partner violence that adequately address both male and female perpetration, as well as the broader conceptualization of domestic violence, we must align definitions and standards among researchers, service providers, advocates, policymakers, and the public health and criminal justice systems. Examples of how this misalignment has stalled progress in offender treatment are discussed and a plan for enabling continued innovation in the field is presented.     

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.     

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.     

Correctional destabilization and jail violence: The consequences of prison depopulation legislation

Purpose

This study explored the effects of prison depopulation on local jail violence through a general systems perspective – where an abrupt shift in the processing of offenders had the potential to create ripple effects through other organizations – of the criminal justice system.

Methods

In 2011, California passed the Criminal Justice Realignment legislation aimed to reduce prison population by making low-level felony offenders ineligible for state incarceration and diverting those already in state prison for the included offenses from state to county-level community supervision once paroled. This study incorporated bivariate and negative binomial regression analyses to model officially-recorded county jail panel data to estimate the effects of state prison depopulation on California county jails.

Results

Findings demonstrated support for the general systems framework as there was a significant decrease in jail utility in the bivariate analysis and a significant increase in jail violence in the multivariate analysis associated with passage of California’s prison depopulation legislation.

Conclusions

The results supported the notion of an interconnected criminal justice system. Policy implications include the consequences of increased violence on jail operations, the potential for a cadre of habitual offenders, and generalizing these findings to the community.     

Domestic Violence Abusers: A Descriptive Study of the Characteristics of Defenders in Protection from Abuse Orders in Sedgwick County,Kansas

Protection from abuse orders have been presented in the contemporary literature as one of many tools in protecting battered women. While protection from abuse orders provide legal protection from abuse, many abusers violate these court orders. The current study describes the characteristics of 1,873 alleged domestic violence abusers in Sedgwick County, Kansas. Data were collected from protection from abuse filings over a 12-month time frame. The data were used to examine the demographics of offenders as well as to assess the prior arrests of the offenders. Results showed that abusers were typically white males, average age of 33 with extensive past criminal arrest histories.     

Violence risk and gang affiliation in youth offenders: a recidivism study

Abstract

Youth gangs are ubiquitous around the world and have been problematic for the social and criminal justice agencies. Despite widespread public concern, there has been relatively scarce empirical scrutiny of youth gangs internationally and little outside of America and Europe. In particular, the activities of youth gangs, the function of gang membership, the criminogenic needs of gang-affiliated youth, and the risk of criminal recidivism for gang-affiliated youth remain unclear. Against this background, this study explored the sociodemographic characteristics, risk and rate of criminal recidivism in a cohort of 165 male youth offenders in Singapore, of which 58 were gang-affiliated. Multivariate analyses revealed that gang-affiliated youth offenders were significantly more likely to have histories of substance use, weapon use and violence than nongang-affiliated youth offenders. Gang-affiliated offenders also scored higher on measures of risk for recidivism (SAVRY and YLS/CMI), and engaged in violent and other criminal behaviors more frequently during follow-up. These differences indicate a significant relationship between gang affiliation and criminal recidivism in youth offenders. Furthermore, these findings have important clinical and policy implications, indicating an increased requirement for additional and more intensive assessment and tailored interventions for gang-affiliated youth offenders.     

Rethinking responses to 'domestic violence' in Australian indigenous communities

The United Nations' response to violence against women was to adopt the Declaration on the Elimination of Violence against Women in December, 1993 that recognized indigenous women to be especially vulnerable to violence. Australia's initiatives during the 1990s included criminal justice reform, crisis service provision and community-based mediation programmes that have not proved altogether helpful for indigenous women. Given the intractable nature of violence against indigenous women, this paper holds that community-based programmes cannot work in isolation from criminal justice intervention. An approach to male-to-female violence, that views the criminal justice system not only as a means of punishment, but also as an institution for expressing human rights norms is advocated.     

Implications of an Arrest in Domestic Violence Cases: Learning From Korean Social Workers' Experiences in the U.S.

In response to the lack of research on the effect of arrest in deterring domestic violence in minority communities, a qualitative exploratory study was conducted with Korean American social workers providing services to Korean domestic violence victims in the New York metropolitan area. The authors examined study participants' perceptions about their clients' experiences of arrests in domestic violence situations. Findings reveal major barriers for Korean victims that prevent them from utilizing help from the police. Main themes from the data show both negative and positive results from arrests. Participants perceived arrest as an ultimately necessary tool for deterring domestic violence in the Korean community in the U.S. Participants suggested some changes in the criminal justice system to better respond to immigrant victims of domestic violence. Practice and policy implications are discussed. This study was, in part, presented at the 23rd APPAM (Association for Public Analysis and Management) Annual Research Conference in Washington, D.C. on November 1, 2001.     

Double Your Trouble: Dual Arrest in Family Violence

When arrest is mandated for domestic violence crimes the arrest of two individuals, or dual arrest, often occurs. This study examines the characteristics of the crime and the people caught in dual arrests, with a special emphasis on the women arrested. The data were drawn from a population of 4138 disposed family violence cases in the criminal court, 448 of their arrest records, and 90 prosecutor files. Thirty three percent of the 448 cases disposed were dual arrests. Persons subject to dual arrest were primarily white, young, nonurban, unmarried employed persons. The incident was likely to involve alcohol or drug use and physical beating with hands or fists. Forty percent of the women arrested were previously victimized in a domestic violence incident. Findings suggest that dual arrests may reflect both the differential use of violence in domestic relations and the over enforcement of policy by some police departments.