scholarly journals An analysis of restorative justice and intimate partner violence policy and practice: professionals' perspectives and perceptions

2021 ◽  
Author(s):  
◽  
Melissa L. Garber
Keyword(s):  
Intimate Partner Violence ◽  
New Zealand ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Police Officers ◽  
Partner Violence ◽  
Intimate Partner ◽  
Assessment Process ◽  
International Literature ◽  
Policy And Practice

<p>This qualitative research project endeavoured to open up the conversation around RJ and IPV and highlight gaps in policy in order to give voice to an area in the RJ process that has, up to this point, been virtually silent. There were two overarching aims. The first was to identify the underlying practice assumptions and values evident in the New Zealand Ministry of Justice (MOJ) restorative justice (RJ) standards for family violence (FV) cases (MOJ, 2013). These would be viewed from the perspective of working with intimate partner violence (IPV) cases in particular. The intention was to compare these assumptions and values with RJ and IPV international theory and New Zealand practice. The second aim was to clarify the processes and criteria used to determine/assess IPV offender suitability and readiness for RJ, ascertain the ways in which these practices were theoretically justified, and to compare the implementation of practice to the explicit and implicit guidelines present in New Zealand policy. To these ends, a collection of 30 criminal justice professionals (judges, lawyers, police officers) and restorative justice facilitators involved in the referral and assessment process of IPV offenders participated in interviews in person, over the phone, or via Skype, which were recorded, transcribed verbatim, and then subject to analysis in order to create a conceptual framework. The analysis identified 18 main themes that were grouped into four main categories: RJ IPV conceptualization, effective RJ IPV assessor qualities, IPV offender assessment for RJ suitability/readiness, and RJ IPV practice issues. These results were compared with policy and with the international literature in order to identify consistencies and inconsistencies and to discover where gaps in policy may become clarified. Results showed that a great deal of the policy was supported by the international literature, however there were several gaps and inconsistencies. Several issues were of interest – namely the lack of clarity in the framework of RJ for IPV (i.e. where does it sit in relation to the traditional criminal justice system, intervention vs. pathway vs. overarching framework), the timing of RJ assessment in terms of treatment and interventions, siloing of agencies, and funding/resourcing issues. A final question that arose for me during analysis was regarding the purpose and value of assessment in these cases. Rather than making a decision regarding suitability in order to exclude an IPV case from the RJ process, if the process was truly restorative, perhaps the outcome of an assessment of IPV offender/case suitability should, instead, be to determine what resources are necessary in order to support any IPV case through the RJ process.</p>

scholarly journals An analysis of restorative justice and intimate partner violence policy and practice: professionals' perspectives and perceptions

2021 ◽  
Author(s):  
◽  
Melissa L. Garber
Keyword(s):  
Intimate Partner Violence ◽  
New Zealand ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Police Officers ◽  
Partner Violence ◽  
Intimate Partner ◽  
Assessment Process ◽  
International Literature ◽  
Policy And Practice

<p>This qualitative research project endeavoured to open up the conversation around RJ and IPV and highlight gaps in policy in order to give voice to an area in the RJ process that has, up to this point, been virtually silent. There were two overarching aims. The first was to identify the underlying practice assumptions and values evident in the New Zealand Ministry of Justice (MOJ) restorative justice (RJ) standards for family violence (FV) cases (MOJ, 2013). These would be viewed from the perspective of working with intimate partner violence (IPV) cases in particular. The intention was to compare these assumptions and values with RJ and IPV international theory and New Zealand practice. The second aim was to clarify the processes and criteria used to determine/assess IPV offender suitability and readiness for RJ, ascertain the ways in which these practices were theoretically justified, and to compare the implementation of practice to the explicit and implicit guidelines present in New Zealand policy. To these ends, a collection of 30 criminal justice professionals (judges, lawyers, police officers) and restorative justice facilitators involved in the referral and assessment process of IPV offenders participated in interviews in person, over the phone, or via Skype, which were recorded, transcribed verbatim, and then subject to analysis in order to create a conceptual framework. The analysis identified 18 main themes that were grouped into four main categories: RJ IPV conceptualization, effective RJ IPV assessor qualities, IPV offender assessment for RJ suitability/readiness, and RJ IPV practice issues. These results were compared with policy and with the international literature in order to identify consistencies and inconsistencies and to discover where gaps in policy may become clarified. Results showed that a great deal of the policy was supported by the international literature, however there were several gaps and inconsistencies. Several issues were of interest – namely the lack of clarity in the framework of RJ for IPV (i.e. where does it sit in relation to the traditional criminal justice system, intervention vs. pathway vs. overarching framework), the timing of RJ assessment in terms of treatment and interventions, siloing of agencies, and funding/resourcing issues. A final question that arose for me during analysis was regarding the purpose and value of assessment in these cases. Rather than making a decision regarding suitability in order to exclude an IPV case from the RJ process, if the process was truly restorative, perhaps the outcome of an assessment of IPV offender/case suitability should, instead, be to determine what resources are necessary in order to support any IPV case through the RJ process.</p>

Restorative Justice and Violence Against Women in the United States

2017 ◽  
pp. 63-84 ◽  
Author(s):  
Lorenn Walker ◽  
Cheri Tarutani
Keyword(s):  
United States ◽  
Intimate Partner Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Violence Against Women ◽  
Partner Violence ◽  
Black People ◽  
The United States ◽  
Intimate Partner

Opposition to using restorative justice to address violence against women mainly concerns the fear that women will be re-victimized if they engage with men who endangered them. While law enforcement and criminal justice approaches are necessary to address violence against women, women's choices about when and how to use law enforcement and prosecution to address violence against them, should be respected. Exclusive criminalization of violence against women has not protected many and has further harmed marginalized and Black people. To address intimate partner violence, victims' needs for healing must be met including when the victim-offender overlap applies and an offender is also a victim. Ignoring healing perpetuates violence. Applying restorative justice and its foundational questions, during direct meetings between victims and offenders, or when they meet separately, can address the victim-offender overlap, reduce reliance on punishment, and increase healing.

Intimate Partner Violence Myths in Police Reports: A Directed Content Analysis

2018 ◽  
Vol 33 (2) ◽  
pp. 351-367 ◽  
Author(s):  
Mary Katherine Twis ◽  
Anh Phuong Nguyen ◽  
Anne Nordberg
Keyword(s):  
Decision Making ◽  
Intimate Partner Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Police Officers ◽  
Partner Violence ◽  
Justice System ◽  
Police Training ◽  
Intimate Partner ◽  
Police Reports

Although much has changed in social and criminal justice system responses to intimate partner violence (IPV) since public awareness campaigns began in the 1970s, stigmatization around IPV offense and victimization remains a barrier to victims obtaining available assistance, including those offered by police forces. Unfortunately, stigma is often perpetuated by mythology about the crime, its offenders, its victims, and overarching gender norms. Since IPV cases are managed under the auspices of the criminal justice system, the manner in which the system itself perpetuates IPV myths is worthy of attention. Prior literature suggests that police officers may be vulnerable to this mythology in their decision-making and reporting of IPV calls. This is troubling for IPV victims and offenders alike, since police reports follow them through the criminal justice system and associated IPV intervention programs. A report heavily influenced by IPV mythology is unlikely to serve IPV offenders or victims particularly well. Guided by four popular IPV myths identified in Eigenberg et al.’s (2012) study, the purpose of the present qualitative study of IPV in police reports (N = 58) is to explore the influence of IPV mythology on police officers’ decision-making and intervention. One overarching theme emerged after the analysis: undetected coercive control evident in the cases. Implications on improvement in police training are suggested.

Global Norms and Local Action

2020 ◽  
Author(s):  
Peace A. Medie
Keyword(s):  
Intimate Partner Violence ◽  
Criminal Justice ◽  
United Nations ◽  
Partner Violence ◽  
Intimate Partner ◽  
Local Action ◽  
Women’S Rights ◽  
Post Conflict ◽  
Global Norms ◽  
The United Nations

When and why do states implement international women’s rights norms? Global Norms and Local Action is an examination of states’ responses to violence against women (VAW) in Africa and their implementation of the international women’s justice norm. Despite the presence of laws on various forms of VAW in most African countries, most victims face barriers to accessing justice through the criminal justice system. This problem is particularly acute in post-conflict countries. International organizations such as the United Nations and women’s rights advocates have, therefore, promoted the international women’s justice norm, which emphasizes the establishment of specialized mechanisms within the criminal justice sector to address VAW. With a focus on the response of the police to rape and intimate partner violence in post-conflict Côte d’Ivoire and Liberia, this book theorizes the United Nations’ and women’s movements’ influence on the implementation of the international women’s justice norm. It draws on over 300 interviews in both countries to demonstrate that high international and domestic pressures, combined with favorable political and institutional conditions, are key to the rapid establishment of specialized mechanisms within the police force and to how police officers respond to rape and intimate partner violence cases. It argues that despite significant weaknesses, specialized mechanisms have improved women’s access to justice. The book concludes with a discussion of why a holistic approach to addressing VAW is needed.

Patterns of Intimate Partner Violence victimization among Australia and New Zealand female university students: An initial examination of child maltreatment and self-reported depressive symptoms across profiles

2016 ◽  
Vol 50 (4) ◽  
pp. 582-601 ◽  
Author(s):  
Jesse Cale ◽  
Stacy Tzoumakis ◽  
Benoit Leclerc ◽  
Jan Breckenridge
Keyword(s):  
Intimate Partner Violence ◽  
Depressive Symptoms ◽  
New Zealand ◽  
Child Maltreatment ◽  
University Students ◽  
Partner Violence ◽  
Latent Class ◽  
Intimate Partner ◽  
Violence Victimization ◽  
Intimate Partner Violence Victimization

The aim of this study was to examine the relationship between child abuse, depression, and patterns of Intimate Partner Violence victimization among female university students in Australia and New Zealand. Data were based on the Australia/New Zealand portion of the International Dating Violence Study (2001–2005) (n = 293). Using Latent Class Analysis, Low-, Moderate-, and High-level Intimate Partner Violence profiles were identified that differed according to the variety, degree, and severity of Intimate Partner Violence. Furthermore, the combination of child maltreatment and self-reported depressive symptoms differed across profiles. The results highlighted differential pathways from child maltreatment to specific Intimate Partner Violence victimization patterns. These findings provide further evidence for the importance of early intervention strategies to prevent Intimate Partner Violence, and specifically for children who experience abuse and neglect to help prevent subsequent victimization experiences in intimate relationship contexts.

Factors Associated With Police Decisions on Immediate Responses to Intimate Partner Violence

2017 ◽  
Vol 35 (15-16) ◽  
pp. 2993-3010 ◽  
Author(s):  
Merete Berg Nesset ◽  
Johan Håkon Bjørngaard ◽  
Jim Aage Nøttestad ◽  
Richard Whittington ◽  
Cecilie Lynum ◽  
...  
Keyword(s):  
Mental Health ◽  
Intimate Partner Violence ◽  
Police Officers ◽  
Partner Violence ◽  
Mental Health Problems ◽  
Intimate Partner ◽  
Health Problems ◽  
Violence Risk ◽  
Lethal Violence ◽  
Emergency Situations

Police officers are often the first responders to intimate partner violence. The aim of the study was to examine the association between structured police assessments on-site in cases of intimate partner violence, and decisions about immediate arrest of the perpetrator and/or relocation of the victim. Data were extracted from police reports on 124 emergency visits in cases of intimate partner violence perpetrated by men toward women. Six out of totally 15 items of the intimate partner violence risk assessment measure B-SAFER were used by the front line police officers as the basis for decisions on whether or not to arrest the perpetrator or relocate the victim. The six items: perpetrator violent acts, violent threats or thoughts, escalation of violence, substance use problems, mental health problems, and breach of no-contact order, were selected on the basis of their utility in emergency situations. There were increased odds of arrest on-site if the perpetrator was physically violent (adjusted odds ratio [AOR] = 2.8, 95% confidence interval [CI] = 1.0-7.7) or had substance problems (AOR = 2.3, 95% CI = [1.0- 5.2]). There were increased odds of victim relocation if the perpetrator had mental health problems (AOR = 7.4, 95% CI = [2.4-23.1]) or if children were present on-site (AOR = 3.1, 95% CI = [1.1- 8.6]). In contrast, escalation of violence was associated with reduced odds of the perpetrator being arrested (AOR = 0.4, 95% CI = [0.1- 0.9]) or the victim being relocated (AOR = 0.4, 95% CI = [0.1- 1.3]). The finding that the police did not immediately respond to escalation, potentially signaling lethal violence needs to be addressed.

Politics, Safety, and Officer-Involved Intimate Partner Violence

2019 ◽  
pp. 227-245
Author(s):  
Leigh Goodmark
Keyword(s):  
United States ◽  
Intimate Partner Violence ◽  
Law Enforcement ◽  
Police Officers ◽  
Partner Violence ◽  
The United States ◽  
Intimate Partner ◽  
Three Dimensions ◽  
Political Decision ◽  
Political Decisions

The United States relies heavily on law enforcement to protect people subjected to intimate partner violence. The decision to prioritize law enforcement intervention may seem natural, but it is, in fact a political decision, with consequences along three dimensions. First, prioritizing the law enforcement response has precluded the development of other policies to address intimate partner violence. Second, channeling money into law enforcement helped to facilitate the growth of a hypermasculine, militarized environment where violence against women flourishes. Third, the decision to rely on law enforcement ignores research establishing that police officers are more likely than other groups to commit intimate partner violence. These political decisions have profound consequences for all people subjected to abuse, particularly the partners of police officers.

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