Domestic violence: Victimization, police intervention, and disposition

The data presented here are consistent with prior research conclusions and indicate that wives have been victims in domestic dispute incidents in the United States more frequently than other family or household members. Further, in specific instances where criminal complaints were initiated, it is shown that in these instances, arrest under the Domestic Violence Program produced the strongest association when wives were the victims. The police were likely to arrest offenders (1) when criminal complaints were initiated and (2) when intimate family members, rather than strangers, were victims. The data indicate that victims who did not initiate criminal complaints did not receive adequate protection or services from the criminal justice system, and criminal complaints initiated by wives received significantly more arrest-and-referral activity than did complaints initiated by other family or household members.     

Police criminal charging decisions: An examination of post-arrest decision-making

Scholars have encouraged studies of police decision-making to move beyond the arrest decision into research that broadens the understanding of police behavior. The criminal charge placed by officers against offenders is largely an untouched area of study. Examining criminal charging decisions goes beyond simple dichotomous decisions, such as arrest, but instead explores the area of police leniency or punitiveness. Randomly constructed vignettes describing a domestic violence incident were given to officers from four agencies. Officers indicated the criminal charges they would likely list against an offender if they were to make an arrest. Serious criminal charges were often supported by additional, but less serious, charges. Victim injury and an uncooperative offender were related to the decision to charge a misdemeanor offense. There was a significant negative relationship between the number of charges listed and more experienced officers and officers working in smaller agencies. The implications of this study and directions for future research are discussed.     

Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

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).     

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.     

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.     

The Need for a Holistic Approach to Specialized Domestic Violence Court Programming: Evaluating Offender Rehabilitation Needs and Recidivism

This quasi‐experimental historical outcome study is based on the Domestic Violence Repeat Offender Program (DVROP) housed within the Bernalillo County Metropolitan Court in Albuquerque, New Mexico. The treatment group includes data for 100 male domestic violence offenders collected between July 1, 2004 and November 30, 2006. A strictly matched group of 100 males who were technically eligible but who were not served by the DVROP made up the comparison. Using NCIC data as an outcome measure, the results of the study show that DVROP participants are significantly less likely to receive subsequent charges for domestic violence, other violent offenses, or any other criminal offense. The study draws conclusions about the extensive collateral needs of the offender population and draws attention to the need for a holistic approach to special offender populations.     

Canada’s First Integrated Domestic Violence Court: Examining Family and Criminal Court Outcomes at the Toronto I.D.V.C.

This is the first quantitative study to examine Canada’s only Integrated Domestic Violence Court. The methodology used a quasi-experimental design with parallel groups with baseline equivalence. Results demonstrate that when support services are provided to victims of domestic violence during family separation, children benefit from greater involvement with both parents. There was more compliance with child support in the integrated court than the comparison group and compliance in custody and access were two variables that predicted the type of final custody orders. There were fewer judges involved in the IDVC court than comparison group; however, there were no differences in the number of court appearances between groups. The IDVC demonstrates a promising intervention to address domestic violence that involves both criminal and family law courts. Future research is needed to explore the views of children, victims and offenders about their experiences with the IDVC.     

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.     

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.     

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.     

Dual Arrest and Other Unintended Consequences of Mandatory Arrest in New York City: A Brief Report

In jurisdictions across the United States, the mandated arrest of individuals perpetrating domestic violence crimes termed “mandatory arrest” or “pro-arrest” policies has become a key policy solution to the issue of domestic violence. The purposes of the policies are to standardize the police response to, and increase the number of, arrests stemming from domestic violence incidents by removing or reducing police discretion to arrest. In 1994, the New York state legislature passed the Family Protection and Domestic Violence Intervention Act, which contained provisions enacting a mandatory arrest statute. Using information from 183 callers to a telephone helpline for victims of domestic violence, we describe four unintended consequences of the policy: “unwanted,” “dual,” “retaliatory,” and “no” arrest. Bi- and multivariate analyses are used to identify victim and perpetrator sociodemographic, situational, and legal factors associated with each arrest type. Results are discussed in the context of the effects of mandatory arrest policies and minimizing problems associated with it in the future.

The Influence of Legal Reform on the Probability of Arrest in Domestic Violence Cases

Using domestic violence incidence and arrest data from Maryland (1991–1997), this research examines whether the proportion of incidents that result in arrest increased due to a legislative initiative implemented in 1994 and, if so, whether this change is uniform across different types of offenders (race and gender) and offense characteristics. Using interrupted time‐series analysis (ARIMA), we observe an increase in both the number of incidents reported to police and the percent of reported cases resulting in arrest. The legislative intervention has a significant positive impact on arrest likelihood above and beyond the increase over time for the state as a whole. While arrest probabilities increased across the board for males and females, African American and Whites, the ARIMA models do not suggest that the legislation differentially impacted arrest probabilities for these groups.     

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

DOMESTIC VIOLENCE LEGISLATION: EXPLORING ITS IMPACT ON THE LIKELIHOOD OF DOMESTIC VIOLENCE,POLICE INVOLVEMENT,AND ARREST*

Research Summary: This research uses data from the National Crime Victimization Survey to test whether legislation affects domestic violence, police involvement, and arrest. Findings suggest that most laws do reduce the chances of family or intimate violence. Fewer appear to influence police involvement, and none relate to more arrest. This suggests that laws may deter would‐be offenders from harming family and partners. Policy Implications: The findings suggest that states should continue to aggressively pursue domestic violence offenders. However, local officials should recognize that mandatory arrest laws could reduce the number of cases that enter the system. Further, more protection should go toward victims when the state awards them custody of the children.     

DIFFERENTIAL POLICE TREATMENT OF MALE-ON-FEMALE SPOUSAL VIOLENCE*

Recent studies of police response to violence in which men attack women with whom they have a history of shared intimacy have not addressed the issue that inspired research in the first place: the “leniency thesis” that police treat men who beat their spouses less punitively than other violent offenders. In addition, research examining the deterrent effects of various police treatments of misdemeanor domestic violence is not responsive to complaints that abused women are denied protection of law when they have been victims of serious, felony-grade, abuse by their spouses. This research analyzes the response of the Chester, Pennsylvania, police to 392 consecutively reported felony-grade assaults by persons whose identities were known to victims and police. Results confirm the leniency thesis. Tabular analysis demonstrates that arrests occurred in 13% of male-on-female spousal assaults and 28% of other assaults. Logit analysis indicates that this difference in police response is not attributable to other variables that might be expected to result in differential treatment. We conclude that the practices and results reported by research conducted in progressive police jurisdictions that volunteer to participate in studies of police response to violence against women may not be generalizable to the great majority of U.S. police agencies that have not welcomed such study.     

Sex, race/ethnicity, and context in school-associated student homicides

This study assessed the importance of sex, race/ethnicity, and geographic context for incidents of school-associated student homicides between July 1, 1994 and June 30, 1999, covering 5 academic years. Using data from the Centers for Disease Control and Prevention School Associated Violent Deaths Study (n = 125 incidents), we compared percentages and medians of victim, offender, motive, and school characteristics for incidents by geographic context and race/ethnicity of the offenders. Most incidents involved urban areas (53.6%), Black and Latino offenders and victims, moderately high youth poverty, and male on male violence (77.6%) driven by disputes and gang-related motives. Suburban area incidents (31.2%) often involved offenders and victims of a different race/ethnicity (51.3%). Multiple victims and White offenders were more common in rural areas (15.2%). More than 50% of the rural incidents involved male offenders and female victims. White offender incidents more often included multiple victims and female victims while Black and Latino offenders more often included single victims of the same sex. These results emphasize the utility of an incident-based analysis of school-associated student homicides in highlighting important variations by intersections of sex, race/ethnicity, and geographic context.     

University Students' Attitudes About Attributing Blame in Domestic Violence

This study examined university students' attitudes about attributing blame in incidents of domestic violence. The Domestic Violence Blame Scale (DVBS), which measures the attribution of blame for domestic violence to situational, perpetrator, societal, and victim factors, was used. The DVBS was administered to a voluntary sample of university students. Significant gender differences were found, with male students more likely to attribute blame to the victim for domestic violence than female students. Significant differences were also found between students with and without a prior history of violence in their family of origin. Students with prior experience of violence were more likely than their counterparts to ascribe blame for domestic violence to societal factors.     

Stereotypical Hate Crimes and Criminal Justice Processing: A Multi-Dataset Comparison of Bias Crime Arrest Patterns by Offender and Victim Race

Many hate crimes are not reported and even fewer hate crimes result in an arrest. This study investigates patterns of victim reporting and arrest for hate crimes in two parts. First, using data from the National Crime Victimization Survey, we find that, controlling for offense severity, hate crimes are less likely than non-bias crimes to be reported to the police and that the police are less likely to take further action for hate crimes, compared to non-hate crimes. Second, we use data from the Pennsylvania Human Relations Commission and the National Incident-Based Reporting System to compare differences between types of hate crimes in the likelihood of crime clearance. We find that those hate crimes most likely to result in arrest are those that fit the profile of a “stereotypical” hate crime: violent incidents, incidents committed by hate groups, and incidents involving white offenders and black victims.     

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.