Term
| Why Have Arrests Increased? |
|
Definition
Law Suits
Arrest Deterrence Studies
Federal Funding
Police Training |
|
|
Term
| Influence confidence victims have in the CJ system |
|
Definition
Attitude
Behavior
Training |
|
|
Term
| Previous attitude of police (contradicting) |
|
Definition
DV cases were the dangerous calls a police officer could make
Perpetrators were not serious enough to warrant arrest. |
|
|
Term
| List 3 things about the Thurman Case: |
|
Definition
Torrington v. Thurman
Police violated her 14th Amendment rights by acting discriminatory.
The case that would impact police behavior.
The decision was based police department's patterns of behavior |
|
|
Term
|
Definition
DV is high in Urban areas
Police are less likely to make arrest in an Urban area
Police discretion when it comes to arresting the abuser which in turn leads to life or death for the victim |
|
|
Term
| #2 – Arrests Deterrence Studies |
|
Definition
Minneapolis Study – 3 groups
Arrested some suspects of misdemeanor domestic assault
Counseled one group
Mediated one group |
|
|
Term
| Arrested Group of DV perpetrators |
|
Definition
| Suspects in arrested group were least likely to re-abuse |
|
|
Term
|
Definition
Warrantless DV arrest based on officer’s determination of PC – All states by 2000
Mandatory Arrest Laws – vary from state to state
Primary Physical Aggressor Laws – encourages officer to differentiate between abuser and victim, even if PC to arrest both |
|
|
Term
|
Definition
Officer Training
DV training was changed dramatically over the past several decades
San Diego – training manual has been copied by several other agencies
Training alone will not automatically transform a department’s response to DV
Older officers trained prior to the pro-arrest policies are least likely to follow new policies |
|
|
Term
| Police Training - Dispatchers |
|
Definition
Dispatcher Training
Prior to 1980’s – routinely screened out during busy times
Fajardo v. Los Angeles (prior to training)
Current protocols
Dispatch officers
Maintain phone contact
Provide info to responding officers
Record check (including possible protective orders) |
|
|
Term
| Crime Scene Investigation Training |
|
Definition
Offense usually not observed in progress
Victim may recant – Additional evidence needed
Misdemeanor – detective not dispatched
Must train officers to collect evidence (photos, etc.) if the arrest is to lead to a successful prosecution in court |
|
|
Term
|
Definition
Began with the Clinton Administration (1994)
Violence Against Women Office
Community Oriented Policing Office
Federal funding encouraged police to arrest perpetrators of Domestic Violence and reach out to the community.
Model Police Program – Cambridge, MA
Train hospital/medical personnel
Colorado Springs – DVERT program
Identify and intervene in highest risk cases
On-going case management
Criminal case investigation
DVERT partner follow-up (counseling, etc.)
Request increased bond amounts and follow for repeat victimization |
|
|
Term
|
Definition
Legislative changes do not always result in changes in behavior and attitude
Many police officers were reluctant to accept the changes in domestic violence laws
Nearing v. Weaver
Oregon – husband repeatedly violated protective order.
Police did not arrest husband
Oregon Supreme Court ruled police officers liable for failing to enforce protective order |
|
|
Term
| State v. Traficonda (Connecticut) |
|
Definition
Police aware of violence in the home
Previous call (taking child from home, shotgun)
Husband returned. Wife called police
Out of fear, called back to tell police not to come
Dispatcher told officers they were no longer needed
Lack of training |
|
|
Term
|
Definition
New Jersey – police failed to arrest offender for violation of protective order
Court ruling:
Officers liable for knowledge of department
Immunity statute did not apply to consequences of negligent actions
Arrest in the situation was mandatory, not discretionary
Intent of state’s DV law stressed the primary duty of police to enforce the laws and protect the victim
Demonstration of “high risk” situation. Police had knowledge of the protective order and were aware of prior incidents at the residence |
|
|
Term
Unintended Consequences
Dual and Victim Arrests |
|
Definition
Increased arrest of victims and offenders
How do you deal with this situation?
“Primary aggressor” law
Female and dual arrests rates appear to be determined almost exclusively by the particular policies, practices and management of individual law enforcement agencies
Training and good police management
Sometimes impossible to avoid (intoxication, degree of injury, etc.) |
|
|
Term
| Gaps in Arrests and Unserved Warrants |
|
Definition
Gap is generally a result of whether the suspect is at the scene when the police arrive
1/3 to 2/3 of suspects flee the scene prior to the arrival of law enforcement
“Gone Upon Arrival”
Extremely poor arrest rate if not done at the scene
IF warrant is issued, generally served when subject is stopped for other purpose |
|
|
Term
|
Definition
Batterers who flee the scene are significantly MORE likely to re-abuse
Re-abuse rate reduced by ½ in cases where warrant is issued. |
|
|
Term
| Examples of successful warrant service |
|
Definition
Omaha
Domestic Violence Unit
Served 250 warrants in a few month
Victim case workers – often called to the scene, advocate to help victim secure protective order
Quincy and Tacoma
Utilized local newspapers
Names and photos |
|
|
Term
|
Definition
Studies indicate that arresting the batterer is consistently related to reduced subsequent aggression against female intimate partners
NO association found between arresting offenders and increased risk of subsequent aggression against the victim
Victims report fewer incidents of re-abuse when offenders are arrested |
|
|
Term
|
Definition
Did not take into account the affect of general deterrence
Study did not examine the criminal justice experience following the arrest
If arrest was not followed by prosecution – the impact of the arrest will be limited and short lived
If arrest lead to prosecution and sentencing – both short and long term impact may become more significant |
|
|
Term
| It may be that every domestic violence arrests, starting with the simple misdemeanor, is a homicide prevention measure. |
|
Definition
| Good police work, starting with arrest, may be the first step in preventing domestic homicides and reducing overall abuse. |
|
|
Term
|
Definition
No more numerous than batterers in other occupations
Why more concern?
Inherently more dangerous
Well armed
Victims reluctant to call police for help
1994 survey indicated police less likely to sanction “their own”
Pattern of official tolerance
“Go easy” and “excessively light” punishment
Officer / Officer marriages pose even more potential problems
What happens if the officer responding to a DV call is also an abuser? |
|
|
Term
| Disarming Officer Perpetrators |
|
Definition
1996 Congressional legislation banning anyone convicted domestic violence from possessing firearms
Initial reports estimated over 1000 officers nationwide would be effected
Of 100 largest police departments, only 11 officers were effected. WHY?
Prior convictions expunged |
|
|
Term
| Role of Federal Law Enforcement |
|
Definition
ATF – Responsible for enforcing gun bans against restrained or convicted batterers
FBI – Principle federal agency responsible for enforcing domestic violence and stalking offenses that cross state lines |
|
|
