Policing Domestic Violence: The Significance of Charging in the Post-Arrest Decision Making of Police Officers

Partner Abuse ◽  
2010 ◽  
Vol 1 (2) ◽  
pp. 200-219 ◽  
Author(s):  
Scott W. Phillips ◽  
James Gillham
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
State Legislatures ◽  
Final Decision ◽  
Design Data ◽  
Mandatory Arrest ◽  
Criminal Charge ◽  
Criminal Charges ◽  
Specific Factors ◽  
Arrest Decision

During the 1980s many state legislatures enacted laws to address domestic violence cases, including mandatory arrest and warrantless arrest in a misdemeanor domestic violence incident. The domestic violence arrest decision has been extensively examined, but this is not the final decision point for officers. This research examined police officers’ decisions when listing criminal charges in domestic violence incidents. Using a vignette research design, data come from 267 police officers in a large department. Most police officers listed the criminal charge that would be expected based on the conditions described in the vignette. Specific factors increased the likelihood of misdemeanor and felony level criminal charges being listed.

Police Response to Mandatory Arrest Laws

1995 ◽  
Vol 41 (4) ◽  
pp. 430-442 ◽  
Author(s):  
Sylvia I. Mignon ◽  
William M. Holmes
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Police Training ◽  
Police Departments ◽  
Police Response ◽  
Mandatory Arrest ◽  
Restraining Order ◽  
Weapon Use

Mandatory arrest laws, although controversial, have gained support as one mechanism for reducing domestic violence. This research examines how police officers responded to mandatory arrest statutes. Twenty-four police departments produced data on interventions in 861 cases of domestic violence. Implementing a mandatory arrest law significantly increased arrests of offenders, especially those in violation of a restraining order. Arrest was affected by injury to the victim, use of a weapon, use of alcohol, and presence of a witness. Police training was crucial to the implementation of the mandatory arrest statute.

In Dubious Battle: The Politics of Mandatory Arrest and Dominant Aggressor Laws

Partner Abuse ◽  
2011 ◽  
Vol 2 (2) ◽  
pp. 224-245 ◽  
Author(s):  
John Hamel,
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Police Officers ◽  
Research Finding ◽  
Training Programs ◽  
Relevant Literature ◽  
Law Enforcement Training ◽  
Mandatory Arrest ◽  
Criminal Justice Response ◽  
Neutral Language

A major component of in the effort to reduce domestic violence in our communities has been a vigorous criminal justice response, one that holds perpetrators accountable for their actions and helps victims feel safe. In light of research finding higher rates of arrest per calls made to police and a corresponding decline in domestic violence crimes, mandatory arrest and pro-arrest laws were initially welcomed by advocates. When, however, it was apparent that these same laws led to a large number of dual arrests, and a proportionately greater increase in arrests of women compared to men, advocates started calling for primary aggressor or dominant aggressor laws. These laws, adopted in several states, including California, direct police officers to consider context and abuse history so that victims are not wrongfully arrested. A review of the relevant literature is conducted, as well as an examination of two law enforcement training programs, suggesting that primary aggressor and dominant aggressor laws, although written in gender-neutral language, are gender biased (mostly against men), are difficult to properly implement, and may, at times, be counterproductive in reducing domestic violence. Alternatives are then presented for consideration.

scholarly journals Attitudes of police officers of the Police Department in Sremska Mitrovica regarding family violence and application of Law on the Prevention of Domestic Violence

2021 ◽  
Vol 63 (1) ◽  
pp. 133-150
Author(s):  
Milena Vranešević
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Police Department ◽  
Current State ◽  
Criminal Charges ◽  
The Law ◽  
Mutual Relations ◽  
The Right ◽  
System Frequency

The aim of this research was to examine the attitudes of police officers about some characteristics of domestic violence, with special emphasis on the implementation of the Law on the Prevention of Domestic Violence. Empirical findings were gathered by the survey encompassing 31 police officers from the Police Department in Sremska Mitrovica who have obtained certificates in accordance with the mentioned law. Following data collection, a statistic method was applied to sort, classify and process them at the level of descriptive statistics and the computer program IBM SPSS Statistics 20 was used for this purpose. This research has determined the frequency of various forms of domestic violence, structure of victims and perpetrators, as well as their mutual relations. It has pointed out the scope and some of the reasons for the existence of a dark number of domestic violence, especially in cases in which children exerted violence against parents and in which policemen were in the role of a victim or a perpetrator. The most frequent reasons have been determined for not abandoning a violent partner, recalling criminal charges or misuse of the right to report domestic violence. Given that one of the innovations in the Law on the Prevention of Domestic Violence is the implementation of urgent measures within the national legal system, frequency of their implementation is also subject matter under research. A particular part of the research is dedicated to examining the current state in terms of cooperation among the police and other competent state organs and institutions in cases of domestic violence, which could be the basis of consideration for direction and extent of its improvement.

Offender-Centric Policing in Cases of Rape

2021 ◽  
pp. 002201832110274
Author(s):  
Philip NS Rumney ◽  
Duncan McPhee
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Police Officers ◽  
Sexual Offending ◽  
Confirmation Bias ◽  
Missed Opportunities ◽  
Predatory Behaviour ◽  
Investigative Tool ◽  
Care And Support ◽  
History Of

The article explores the idea of ‘offender-centric’ policing in cases of rape, with its focus on suspect and offender admissions and behaviours. It features discussion of 11 cases, illustrating offender-centric pathways to charge or conviction, the challenges facing complainants, suspects and police officers, along with missed opportunities to focus on a suspect’s behaviour. The importance of victim care and support is discussed, and it is argued that victim care should accompany an offender-centric approach to rape investigation. It is also argued that there are potential dangers with offender-centric tactics, specifically, that without due care it may become a self-confirming investigative tool influenced by confirmation bias which may lead to flawed decision-making. The article concludes by arguing that offender-centric policing has benefits in those cases with suspects who engage in predatory behaviour, have a history of previously undisclosed sexual offending and domestic violence and other problematic behaviours. It also has value in focusing the attention of investigators on what steps were taken by a suspect to ascertain the complainant’s consent. While the offender-centric approach cannot address all investigative challenges in rape cases, it is a useful addition to existing strategies.

scholarly journals Clouding the Judgment of Domestic Violence Law: Victim Blaming by Institutional Stakeholders in Cambodia

2015 ◽  
Vol 32 (9) ◽  
pp. 1358-1378 ◽  
Author(s):  
Katherine Brickell
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Victim Blaming ◽  
The Everyday ◽  
Multi Stakeholder ◽  
Institutional Stakeholders ◽  
The Relationship ◽  
Government Authority ◽  
Do So ◽  
Domestic Violence Law

This article examines victims’ purported complicity in the judicial failures of domestic violence law to protect them in Cambodia. It is based on 3 years (2012-2014) of research in Siem Reap and Pursat Provinces on the everyday politics of the 2005 “Law on the Prevention of Domestic Violence and the Protection of the Victims” (DV Law). The project questioned why investments in DV Law are faltering and took a multi-stakeholder approach to do so. In addition to 40 interviews with female domestic violence victims, the research included 50 interviews with legal and health professionals, NGO workers, low- and high-ranking police officers, religious figures, and local government authority leaders who each have an occupational investment in the implementation and enforcement of DV Law. Forming the backbone of the article, the findings from this latter sample reveal how women are construed not only as barriers “clouding the judgment of law” but also as actors denying the agency of institutional stakeholders (and law itself) to bring perpetrators to account. The findings suggest that DV Law has the potential to entrench, rather than diminish, an environment of victim blaming. In turn, the article signals the importance of research on, and better professional support of, intermediaries who (discursively) administrate the relationship between DV Law and the victims/citizens it seeks to protect.

scholarly journals Seeing is believing: the impact of body-worn cameras on court outcomes, a cluster-randomized controlled trial in Miami Beach

2021 ◽  
Author(s):  
Kevin Petersen ◽  
Alejandro Mouro ◽  
Donald Papy ◽  
Noel Castillo ◽  
Barak Ariel
Keyword(s):  
Domestic Violence ◽  
Randomized Controlled Trial ◽  
Police Officers ◽  
Negative Binomial ◽  
Controlled Trial ◽  
Cluster Randomized Controlled Trial ◽  
Randomized Controlled ◽  
Early Results ◽  
Cluster Randomized ◽  
The Impact

Abstract Objectives To assess the effects of BWCs on prosecutorial and court-related charge outcomes across multiple crime types, including domestic violence charges, crimes committed against police officers, and drug/alcohol charges. Methods A cluster-randomized controlled trial with 22 spatiotemporal police units assigned to BWCs and 17 assigned to control conditions. Data from the State Attorney’s Office were used to track convictions, adjudication withheld dispositions, and declined prosecutions for both experimental and control charges. A series of multilevel logistic and negative binomial regression models were used to estimate the effect of BWC footage on charge outcomes. Outcomes BWCs led to a significantly higher proportion of crimes against police officers resulting in convictions or adjudication withheld outcomes, and a significantly higher proportion of domestic violence charges resulting in convictions alone, compared to control charges. However, after the clustering effect was taken into account, only the effect of BWCs on crimes against police officers remained statistically significant. Conclusion These early results suggest that BWCs have significant evidentiary value that varies by crime type. BWCs may be best suited to capture evidence of crimes committed against police officers and potentially in domestic violence offenses as well.

Establishing the Rule of Law in Weak and War-torn States: Evidence from a Field Experiment with the Liberian National Police

2019 ◽  
Vol 113 (3) ◽  
pp. 641-657 ◽  
Author(s):  
ROBERT A. BLAIR ◽  
SABRINA M. KARIM ◽  
BENJAMIN S. MORSE
Keyword(s):  
Domestic Violence ◽  
Rural Communities ◽  
Field Experiment ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Police Officers ◽  
Experimental Evaluation ◽  
The Rule Of Law ◽  
Post Conflict ◽  
National Police

How to restore citizens’ trust and cooperation with the police in the wake of civil war? We report results from an experimental evaluation of the Liberian National Police’s (LNP) “Confidence Patrols” program, which deployed teams of newly retrained, better-equipped police officers on recurring patrols to rural communities across three Liberian counties over a period of 14 months. We find that the program increased knowledge of the police and Liberian law, enhanced security of property rights, and reduced the incidence of some types of crime, notably simple assault and domestic violence. The program did not, however, improve trust in the police, courts, or government more generally. We also observe higher rates of crime reporting in treatment communities, concentrated almost entirely among those who were disadvantaged under prevailing customary mechanisms of dispute resolution. We consider implications of these findings for post-conflict policing in Liberia and weak and war-torn states more generally.

Police Officers’ and Victim Advocates’ Perceptions of the Lethality Assessment Program

2017 ◽  
Vol 30 (7) ◽  
pp. 1023-1042 ◽  
Author(s):  
Leila B. Dutton ◽  
Tracy L. Tamborra ◽  
Meagan Pittman
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Qualitative Data ◽  
Future Research ◽  
Police Departments ◽  
Preliminary Assessment ◽  
Online Surveys ◽  
Assessment Program ◽  
Victim Advocates ◽  
By Products

This study is a preliminary assessment of police officers’ and victim advocates’ experiences with and perceptions of the Lethality Assessment Program (LAP), a program involving the collaboration between police departments and domestic violence (DV) agencies designed to prevent fatal and serious DV. Participants included 168 officers from 22 police departments and 63 advocates from 10 DV agencies. Results from online surveys indicated that officers and advocates had favorable perceptions of one another. Officers found the LAP to be less effective as a tool to deal with DV cases than advocates. Analysis of qualitative data revealed that officers and advocates identified a number of positive by-products of the LAP, but officers cited more negative by-products than advocates. Recommendations for policy and future research are provided.

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