Domestic Violence Test 2 Flashcards - McKee CJUS 3366

Includes topics from Policing DV, DV & Courts, canvas readings: "Policing DV.pdf" and "IPV and Courts.pdf"

What was the early policing system response to domestic violence, pre-1970’s?

Treated it as a private matter within the family, told victims or abusers to: “Do nothing” or “Walk it off.”

Do police officers like domestic violence calls? Yes or no, and explain why.

Police officers do not typically like domestic violence calls, mainly because there isn’t much they can usually do in that situation. There are many limitations if the victim doesn’t press charges or chooses not to leave. No evidence, no arrests. Its a frustrating situation.

The court case Thurman v. City of Torrington related to which amendment?

The 14th amendment, there was obvious physical violence but the police failed to protect the victim, leading to a lawsuit for violation of due process rights.

For the Minneapolis Domestic Violence Experiment (MDVE), describe the research design and the question used.

It was an experimental research design, where they responded to misdemeanor domestic violence calls. They chose 1 of 3 responses, arrest, separation for 8 hours, or mediation. Research question was, “Does arrest deter future domestic violence occurances?”

For the Minneapolis Domestic Violence Experiment (MDVE), what were the results?

After 6 months, following up with official records and victim interviews, the data showed that arrest DID deter future domestic violence.

For the Minneapolis Domestic Violence Experiment (MDVE), what were some shortcomings/issues?

There wasn’t much information on trial outcomes so there wasn’t a certainty on punishment. We are unsure of how many couples are still together, or whether perpetrators knew about the follow-up interviews. Unsure if 6 months is too soon, or whether researchers should have followed up a year or so later. This experiment was reactive and not preventative, which is another shortcoming.

There were some changes regarding arrests, what were they and describe them.

Mandatory Arrests and Pro Arrests were implemented. Mandatory arrests required law enforcement to arrest a suspect if there was probable cause of domestic violence. Pro arrests allowed officers discretion to make an arrest based on the situation, even if no visible injuries were present. Pro Arrests are preferred over mandatory arrests.

Police are encouraged to make an arrest in a domestic violence situation if they can establish two things, what are they?

1. Probable cause

2. Primary aggressor

Share common results for replication studies, where were these studies held and what were the results?

Omaha, Charlotte and Milwaukee showed that arrest was not more effective than others.

Metro-Dade and Colorado Springs official data did not show a deterrent effect either.

Arrest as a result of a domestic violence issue was only a deterrent for what kind of people?

Employed people.

Domestic Violence is highest among what races?

African American and American Indians.

What are some positive effects that arrest may have?

1. Victim learns not to self-blame.

2. Husband might learn that his behavior is illegal/unacceptable.

3. Victim empowerment.

What is no-drop prosecution?

No-drop prosecution is when the case cannot be dropped once the victim presses charges.

Why do we have no-drop prosecution?

No drop prosecution is for situations where the victims are uncooperative or reluctant and may recant their statements. No-drop prosecution may also be used if there is a lack of victim participation, whether they were fearful, frustrated, confused, or they were conflicted over their partner’s incarceration.

What are some issues that might arise with no-drop prosecution?

1. The victim can change or recant their statement.

2. There might not be enough evidence if they choose not to testify.

What are the three major reasons why no-drop prosecution is used?

1. State has an obligation to send a message that Domestic Violence will not be tolerated.

2. State has an interest in public safety (along with other violent crimes).

3. Batterers might be less likely to blame their victims.

What are four myths about Orders of Protection?

1. Women’s excuse for custody.

2. That it’s a waste or the court’s time.

3. Judicial bias (hurts men)

4. Not effective (causes more harm than good).

What are the two types of protection orders that we discussed?

1. Protection Orders

2. Emergency Protection Orders

Describe an Emergency Protection Order (EPO).

This order is typically given to the victim after an arrest for domestic violence and usually lasts 3-7 days.

Describe a Protection Order (PO).

Protection orders are long term, lasting 1-5 years and can be renewed.

Name six provisions included with some protection orders:

1. No Contact

2. Peaceful Contact

3. Stay Away Provision

4. Move Out Provision

5. Firearms Provision

6. Counseling Provision

What are some weaknesses of protection orders?

1. They have narrow eligibility categories, there are filing fees, and cannot be obtained when court is in session.

2. The defendant has to be served before the order even becomes effective.

3. Victims not represented by counsel are less likely to obtain one.

Protection Orders are less effective in what areas?

Rural areas.

Protection orders are less effective for what kind of offenders, and why?

Stalking offenders are less likely to follow a protection order because they are considered more serious offenders and they reoffend all the time.

What are some benefits for Specialized Domestic Violence Courts?

1. Safety and accountability

2. Cases are managed at a quicker pace and are processed quicker.

3. Therapeutic Jurisprudence.