Prosecutorial Response to Nonfatal Strangulation in Domestic Violence Cases

2020 ◽  
Vol 35 (2) ◽  
pp. 160-175
Author(s):  
Amy Reckdenwald ◽  
Donna J. King ◽  
Adam Pritchard
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Police Officers ◽  
Exploratory Study ◽  
Justice System ◽  
Evidence Based ◽  
Insufficient Evidence ◽  
Law Enforcement Training ◽  
Legal Response

Recent research has pointed to the need for systematic law enforcement training on domestic violence when nonfatal strangulation is involved to improve evidence-based prosecution of these potentially deadly assaults; however, virtually no research has examined the legal response to nonfatal strangulation since many states have made it a separate criminal felony. The current exploratory study examines filing, charging, and adjudication decisions of nonfatal strangulation cases over a 3-year period based on evidence documentation in law enforcement reports to explore how these cases are handled by the criminal justice system in Brevard County, Florida. Results support previous research showing the importance of training police officers and other personnel as insufficient evidence may be one possible factor limiting the prosecutors' ability to successfully prosecute domestic violence strangulation offenders to the highest extent available under the law. Implications spread across multiple disciplines.

Improving Identification of Strangulation Injuries in Domestic Violence: Pilot Data From a Researcher–Practitioner Collaboration

2016 ◽  
Vol 13 (2) ◽  
pp. 160-181 ◽  
Author(s):  
Adam J. Pritchard ◽  
Amy Reckdenwald ◽  
Chelsea Nordham ◽  
Jessie Holton
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Training ◽  
Domestic Assault ◽  
Physical Evidence ◽  
Police Reports ◽  
Official Police

Efforts to partner researchers and practitioners have the potential to significantly improve both research and response to non-fatal strangulation within the context of domestic violence. Non-fatal strangulation is far more common than most formal data suggest and is a highly gendered form of domestic assault often used to control or intimidate a partner; however, depending on how the assault takes place, it can leave little obvious physical evidence to an untrained investigator. The present study estimates the occurrence of strangulation cases and possible strangulation cases that may not be explicitly classified as such in official police reports due to inadequacies in law enforcement training. We offer a description of these types of cases as they compare with domestic violence police reports from non-strangulation cases. Results highlight the gendered nature of strangulation as well as the importance of practitioners and researchers critically reflecting on issues within the criminal justice system in an effort to redress inadequacies, hold offenders accountable, and save lives.

Identification of Nonfatal Strangulation by 911 Dispatchers: Suggestions for Advances Toward Evidence-Based Prosecution

2017 ◽  
Vol 32 (3) ◽  
pp. 506-520 ◽  
Author(s):  
Amy Reckdenwald ◽  
Chelsea Nordham ◽  
Adam Pritchard ◽  
Brielle Francis
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Police Officers ◽  
Critical Role ◽  
First Responders ◽  
Evidence Based ◽  
First Person ◽  
Initial Screening ◽  
Law Enforcement Training

Research highlights the need for systematic law enforcement training on nonfatal strangulation in domestic violence situations to improve evidence-based prosecution of these violent felonies. However, most of this research focuses on the role of police officers in the safety response. Although often overlooked, this research examines the role of 911 dispatchers, who are many times the first person the victim calls for assistance. This study examines official domestic violence records, gathered through a partnership with a County Sheriff’s agency, to determine whether domestic violence strangulation is being adequately identified and documented by first responders. This research highlights the need for considering 911 dispatchers as having a potentially critical role in a comprehensive response to domestic violence strangulation from initial screening to eventual prosecution.

Under Pressure

2020 ◽  
pp. 82-91
Author(s):  
Poulami Roychowdhury
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Poor Performance ◽  
Law Enforcement Personnel ◽  
Police Protection

Chapter 6 takes the reader into the halls of the Indian criminal justice system and into the lives of the police, protection officers, and court personnel who staff its offices. Law enforcement personnel faced administrative constraints on their abilities to process cases and mounting organized pressure around domestic violence allegations. These conditions undermined their ability to exercise discretion, making it difficult for them to reject women they did not like and pick “good” victims they wished to protect. And it bred a sense of victimization, the notion that they were too overburdened and besieged to do their jobs. The main outcome was thus twofold: law enforcement feared alienating organized women and articulated a discourse of disempowerment that rationalized poor performance.

scholarly journals Pendekatan dalam Penanganan Sengketa Pilkada Menunjang Kinerja Kepolisian dalam Pelaksanaan Tugas Sebagai Pelindung, Pengayom dan Pelayan Masyarakat

2018 ◽  
Author(s):  
husain kasim
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Police Officers ◽  
Justice System ◽  
Descriptive Analysis ◽  
Mass Violence ◽  
Basic Law ◽  
The Law

This study aims to: 1) knowing the basic law enforcement restorative justice approach in handling criminal acts riots, 2) to know how to implement a restorative justice approach and the factors that influenceThe experiment was conducted at the Police Resort Ternate, North Maluku province, with a population of security officers who work directly handling and protection against acts of mass violence with less sampling as many as 50 people through random sampling techniques. Data were collected by questionnaire and interview techniques. Data analysis was performed using qualitative descriptive analysis and interpretation.The results showed that: 1) The perpetrator of criminal acts of rioting should be avoided from the formal criminal justice system. The best solution that must be done is through the act of diversion (transfer) the completion of its case outside the criminal justice system, but there is no definite legal basis for implementing diversion measures in addition to referring to the Law 2 of 2002, which only specifies that police officers have the authority of police discretion. 2) Treatment of the criminal action in a dispute over the election unrest in North Maluku, which was held on Sat. Criminal Police Ternate is through mediation. This means that the principle of restorative justice has been implemented on Sat. Criminal Police Ternate, however, efforts to address criminal acts there are influences from the substance of the law, law enforcement officers, legal culture of society and their own community.

Social policies and services for survivors of domestic violence in South Korea

2018 ◽  
Vol 62 (5) ◽  
pp. 1358-1370
Author(s):  
Hyunkag Cho ◽  
Y Joon Choi ◽  
Ga-Young Choi ◽  
Junghee Bae ◽  
Jisuk Seon
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
South Korea ◽  
Police Officers ◽  
Service Providers ◽  
Social Policies ◽  
Law Enforcement Personnel ◽  
International Audience

Social policies and services addressing domestic violence have been developed recently in South Korea but scarcely reported to the international audience. We adopted the empowerment perspective, comprehensively reviewing whether, and how, policies and services empower survivors in Korea. Survivor services and criminal justice responses have great potential for survivor empowerment in Korea. However, these services serve only a limited number of survivors, and police officers often do not arrest perpetrators even though it is encouraged by law. It is critical to increase the number of service providers and make sure that training for law enforcement personnel is fully funded and appropriately implemented nationwide.

scholarly journals Transitando por los espacios jurídico-penales: discursos sociales e implicaciones para la intervención en casos de violencia hacia la mujer

2011 ◽  
pp. 79 ◽  
Author(s):  
Jenny Cubells Serra ◽  
Pilar Albertín Carbó ◽  
Andrea Calsamiglia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Police Officers ◽  
Justice System ◽  
Participant Observation ◽  
Interpretative Repertoires ◽  
Penal Institutions ◽  
El Sistema ◽  
Las Mujeres

El artículo pretende valorar psicosocialmente las características del trato que se dispensa a las víctimas de violencia de género en la pareja dentro de las instituciones del ámbito jurídico-penal en Catalunya (España). Con este objetivo, analizamos las funciones y los efectos discursivos de las narraciones de los actores que han formado parte de nuestra investigación (jueces, fiscales, abogados, policía y las propias víctimas). Los datos se han recogido a través de la observación participante y entrevistas, y hemos utilizamos el análisis del discurso y más concretamente la identificación de los repertorios interpretativos (Gilbert and Mulkay, 1984; Potter and Wetherell, 1987).El estudio revela, el dominio de dos repertorios interpretativos que caracterizan las prácticas del sistema jurídico-penal hacia la violencia de género y las mujeres implicadas: a) el �repertorio empiricista� caracterizado por la objetividad y la distancia emocional, y b) el �repertorio profesionalizador�, caracterizado por el predominio de los roles profesionales y la experiencia pragmática versus la práctica reflexiva. No obstante, emergen prácticas de resistencia que se caracterizan por elementos que catalogamos en el �repertorio feminista� y que pueden proveer nuevas claves en el tratamiento de mujeres vulnerables. Este �repertorio feminista� es potencialmente transformador de las intervenciones o prácticas profesionales, pues en el presente, el sistema jurídico- criminal no responde a las necesidades de las mujeres víctimas, especialmente teniendo en cuenta su diversidad.The aim of this paper is to assess the way victims of domestic violence are treated in legal or penal institutions in Catalonia (Spain) from a psychosocial perspective. With this purpose in mind, we analyse the functions and discursive effects of the narratives of the agents that have taken part in our research (judges, public prosecutors, lawyers, police officers, and the victims themselves). The data was collected by means of participant observation and interviews. We then used discourse analysis, and more specifically, the identification of interpretative repertoires (Gilbert & Mulkay, 1984; Potter & Wetherell, 1987).The study reveals the predominance of two interpretative repertoires that characterise the practices of the criminal justice system with respect to domestic violence and the women involved: a) the �empiricist repertoire� characterised by objectivity and emotional distance; and b) the �professional repertoire�, characterised by the predominance of professional roles and pragmatic experience versus reflective practice.Nevertheless, emerging resistance practices are characterised by elements that might be placed in the �feminist repertoire" and offer new insights into the treatment of vulnerable women. This �feminist repertoire� has the possibility of transforming professional interventions or practices, since the criminal justice system does not currently meet the needs of female victims, especially if we consider their diversity.

Complex Behavioral Patterns and Trajectories of Domestic Violence Offenders

2010 ◽  
Vol 25 (1) ◽  
pp. 3-17 ◽  
Author(s):  
Alison Snow Jones ◽  
D. Alex Heckert ◽  
Edward D. Gondolf ◽  
Qiang Zhang ◽  
Edward H. Ip
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Justice System ◽  
High Probability ◽  
Trajectory Analysis ◽  
Hidden Markov ◽  
Physical Assault ◽  
Evidence Based ◽  
Behavioral Patterns ◽  
Abusive Behavior

Evidence-based practice within the criminal justice system has relied primarily on cumulative reports of reassaults or rearrests, especially in evaluating effectiveness of domestic violence (DV) interventions. We use a longitudinal sample of DV offenders arrested and referred to DV offender programs in four cities to examine complex multi-outcome patterns of violent and abusive behavior and trajectories between patterns over time. Offenders and their partners were surveyed at program intake and followed for 15 months (N = 550). A Hidden Markov Model identifies four distinct behavioral patterns. Trajectory analysis indicates that the most abusive state is relatively stable and indicative of a high probability of future physical assault. Results suggest that evaluation based on complex outcomes may improve criminal justice intervention effectiveness, risk assessment, and risk management.

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 Pengadilan Khusus KDRT “Implementasi Gagasan Sistem Peradilan Pidana Terpadu Penanganan Kasus-Kasus Kekerasan Terhadap Perempuan (SPPT-PKKTP)”

2014 ◽  
Vol 2 (2) ◽  
Author(s):  
Muhammad Ishar Helmi
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Women Victims ◽  
Violence Against Women ◽  
Justice System ◽  
Legal Rights ◽  
Law Enforcement Officials ◽  
Victims Of Violence ◽  
The Relationship

Abstract: Court For Domestic violence. Court For Domestic violence is a new idea of the Integrated Criminal Justice System Handling Cases of Violence Against Women (SPPT- PKKTP) to provide justice to the victims of domestic violence, especially women. Given the complexity of issues related to domestic violence led to the need for this institution was formed. Act No. 23 of 2004 on the Elimination of Violence Against Domestic generally can back up women in getting their legal rights, but the implementation of the Act turns instead of criminalizing women victims of violence, especially because law enforcement officials do not consider the relationship between husband, wife and children, in applying this Act. As a result, women victims of violence do not get their rights. Abstrak: Pengadilan Khusus KDRT. Pengadilan Khusus Kekerasaan Dalam Rumah Tangga merupakan sebuah gagasan baru dari Sistem Peradilan Pidana Terpadu Penanganan Kasus-Kasus Kekerasan Terhadap Perempuan (SPPTPKKTP) dalam memberikan keadilan kepada para korban kekerasan dalam rumah tangga khususnya perempuan. Adanya kompleksitas permasalahan terkait kekerasan dalam rumah tangga menyebabkan perlunya lembaga ini dibentuk. Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Terhadap Rumah Tangga yang secara umum dapat memback up kaum perempuan dalam mendapatkan hak-hak hukumnya, namun dalam implementasinya ternyata undang-undang tersebut justru mengkriminalisasi perempuan korban kekerasan, terutama karena aparat penegak hukum tidak mempertimbangkan hubungan antara suami, istri dan anak, dalam menerapkan undang-undang ini. Akibatnya, perempuan korban kekerasan tidak mendapatkan hak-haknya.  DOI: 10.15408/jch.v1i2.1471

scholarly journals Analisis terhadap Penghentian Penyidikan pada Laporan Polisi Nomor: B.210/VIII/2018/JAMBI/SPKT”C” Tentang Tindak Pidana Pemerkosaan Anak

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 341
Author(s):  
M Rudi Hartono ◽  
Lilis Winantri
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Police Officers ◽  
Justice System ◽  
Police Department ◽  
Public Prosecutor ◽  
Search And Seizure ◽  
Criminal Cases ◽  
The Republic

Law enforcement efforts by Law Enforcement Officers include a series of actions taken by police officers, Prosecutors, Judges, and Correctional Institutions. However, the spearhead in the handling of criminal cases that occur in the community is basically handled and carried out directly by police officers. In carrying out its duties, the Police have a basic duty as mandated in Article 13 of Law No. 2 of 2002 on the Police of the Republic of Indonesia, namely the Police have the task of maintaining security and public order, enforcing the law, and providing protection, protection, and service to the community. The task of law enforcement relates to the Criminal Justice System where the Police Department is one of its parts in addition to judges and prosecutors, which in the criminal justice system have the authority to make coercive efforts, which include the activities of arrest, detention, search and seizure. In carrying out the task of investigating the perpetrators of crimes or criminal cases, from the beginning of the investigation the case always coordinates with the Public Prosecutor, to avoid going back and forth on a recurring basis. In the police report Number: B.210/VIII/2018/Jambi/SPKT"C", there is a process of termination of investigation where the case of rape of a child is not continued to the stage of further law enforcement, namely the impeachment of the Prosecutor for prosecution, but in this case it is discontinued only to the level of investigation.

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