CH.3 CRJ Response
Characteristics and Consequences of Family Violence
Comprehensive overview of various forms of family violence.
Intimate Partner Abuse and Relationship Violence
Chapter dedicated to understanding and addressing violence between intimate partners.
The Criminal Justice Response to Intimate Partner Abuse and Relationship Violence
Examination of how law enforcement and the judicial system respond to intimate partner violence, featuring specific measures, studies, and laws in place.
Elder Abuse
Discussion on the abuse of elder individuals, including its characteristics and implications.
Physical Child Abuse
Exploration of the physical abuse of children, its detection, and consequences.
Child Sexual Abuse
Analysis of sexual abuse incidents involving minors, including legal definitions and societal response.
Child Neglect
Insights into the neglect occurring in familial structures and its long-term effects on children.
Sibling Abuse
Investigation of abusive behaviors that occur between siblings and their psychological impact.
Child Exploitation
Examination of the exploitation of children in various forms, including labor and sex trafficking.
Special Issues in Child Abuses and Trauma
Overview of unique cases and considerations in child abuse scenarios.
Professionals and Their Responses to Child Abuse
Description of the roles that various professionals play in identifying and responding to child abuse.
Special Populations and Family Violence
Exploration of how family violence affects specific populations, including minorities, LGBTQ+ individuals, and those with disabilities.
Chapter 3: The Criminal Justice Response to Intimate Partner Abuse and Relationship Violence
Chapter Objectives
Explain the various responses to intimate partner abuse that may be taken by criminal justice agencies: Examination of how various law enforcement strategies address this type of violence.
Discuss the effects of arrest on those who batter their spouse: Analysis of arrest outcomes for perpetrators.
Explain the “smart policing” approach: Overview of data-driven, evidence-based policing efforts.
Discuss the goals of the Violence Against Women Act: Introduction to this landmark legislation.
Explain the issues involved with the use of restraining orders: Examination of legal protections for victims.
Partner Assault
Definitions
Assault vs. Battery:
Assault: The act of attempted battery or intentionally frightening the victim without requiring actual physical contact.
Battery: The unlawful touching or hitting of another man that requires physical contact although not necessarily causing injury; includes contact with clothing.
Partner Assault Act
Intentional infliction of physical injury on a person cohabitating with the abuser, referred to as partner battery.
Extent of the Problem
Survey Results
National Violence Against Women Survey (1995-1996):
7.7% of females (8000 participants) reported being raped by an intimate partner.
U.S. Bureau of Census (2003): Nearly 7.8 million women raped by an intimate partner over their lifetime.
National Intimate Partner and Sexual Violence Survey (2015):
Sexual violence reported by 18.3% of females and 8.2% of males.
Physical violence from partners reported by 30.6% of females and 31% of males; severe violence reported by 21.4% of females and 14.9% of males.
Profile of Perpetrators (Saunders, 1993)
Childhood Violence: Early exposure to violence often correlates with later aggression.
Low Socioeconomic Status: Lifestyle stressors can contribute to violent behavior.
Alcohol Use: Substance abuse as a significant factor in partner assault.
Types of Males Engaging in Partner Assault (Saunders)
Generalized Aggressor: Chronic mental health issues leading to aggression.
Family-Only Type: Lacks communication skills and struggles to express anger appropriately.
Emotionally Volatile: Predominantly male, characterized by rigid sex-roles and erratic anger expression.
Justice Response to Intimate Partner Violence
Factors Affecting Policing Response
Call Screening: Police assess the situation prior to intervention.
Beliefs about Financial Hardship: Concerns about the impact of arrest on the family.
Family Argument Theory: The perception that domestic violence is a private matter.
Classification as a Misdemeanor: The legal framework influences law enforcement behavior.
Victim’s Preference: The victim’s desire for arrest affects police action, as well as perceived danger to officers.
Arrest
The Minneapolis Experiment (Sherman, 1984)
This study examined police response effectiveness in domestic disturbances, recommending three response options:
Arrest with at least one night in custody.
Sending the offender away from the scene or arresting them if they refuse to leave.
Providing advice or mediation to the couple.
Recommendations based on findings:
Enable warrantless arrests for misdemeanors.
Favor mandatory arrests in domestic violence cases.
Conduct further experiments to validate findings.
Replications of the Experiment
Metro-Dade Experiment and others (places like Colorado Springs, Milwaukee): Different policing responses tested (full-arrest, short-arrest, separation, mediation).
Findings consistent: Arresting perpetrators correlated with decreased future aggression.
New York State Law
Mandatory arrest law requires police to act on probable cause regardless of victim consent.
Positional Questions
Question: Is mandatory arrest effective in deterring future assaults?
Considerations: What unexpected negative impacts could arise from such policies?
Alternatives to Arrest
Mediation
Informal process facilitated by a neutral third party aimed at reaching an agreement.
Assumes equal power dynamics between the disputing parties.
“Smart Policing” Approach (Sherman et al., 1992)
Focuses on data-driven practices, promoting tailored interventions rather than a 'one-size-fits-all' approach.
Advocates for personalized responses based on offender risk and victim needs.
Key Components of Smart Policing
Risk-Based Policing: Assessment of offender risk prior to arrest decisions.
High-Risk Offenders: Implement arrest coupled with strict monitoring.
Low-Risk Offenders: Alternative sanctions preferred.
Community-Based Interventions: Emphasis on counseling and resources like housing, financial aid, and therapy.
Problem-Oriented Policing (POP): Long-term solution focus, collaborating with various stakeholders to reduce violence.
Restorative Justice Programs: Victim-offender mediation emphasizing accountability and behavior change when safe.
Federal Legislation
Violence Against Women Act (VAWA)
Enacted in 1994, subsequently renewed; Title IV emphasizes inter-agency collaboration to combat violence against women.
The Attorney General must report to Congress on grants awarded under VAWA.
Programs and Services Under VAWA
Federal rape shield law.
Community violence prevention initiatives.
Protections for domestic violence victims facing eviction.
Funding for support services, including rape crisis centers and hotlines.
Restraining Orders
Definition
Legal mandates prohibiting offender contact with the victim, effective immediately upon issuance.
The violator can face up to $10,000 in fines and/or nine months of imprisonment.
Advantages
Immediate legal protections from unwanted contact.
Offers psychological relief and empowerment through judicial enforcement.
Disadvantages
Violations may occur without consequences; may require filing fees before issuance.
Lack of compliance monitoring may undermine effectiveness.
Effectiveness
Studies in jurisdictions like D.C., Wilmington, and Denver show mixed results—effective in some contexts but not against those with violent histories.
Electronic Monitoring
Proposal of using electronic monitoring methods (e.g., radio frequency systems, GPS) to enforce compliance with restraining orders.
Red Flag Law
Allows courts to temporarily remove firearms from individuals deemed dangerous based on their actions/statements.
Noncompliance with the order is classified as a criminal offense.
Weapons are returned unless further hearings warrant ongoing confiscation after a predetermined period.