Safety for battered women in a textually mediated legal system 1

This paper proposes a shift in legal advocacy approaches employed by activists in the US battered women's movement that would take into account how the work of criminal justice professionals (police officers, probation officers, judges, and prosecutors) is organized. While judicial procedures may be more successful in bringing domestic abusers to justice than in the past, they are less successful in producing safety for the victims of abusers. Using institution ethnography as a research strategy, I explore aspects of how the work of practitioners in the police and court system is organized in ways that are not observable to activists working with the victims of abuse. An important aspect of the institutional process are its texts. Texts, as they are produced and processed in people's work settings, coordinate and regulate the different phases of practitioners’ work. In these work processes, organized and limited by formalized texts, women's experience of violence and intimidation is erased and issues of their safety disappear. In conclusion, I propose a method of engaging criminal justice professionals and community advocates in an investigation of local criminal justice settings with the intent of making changes in practices which fail to attend to the safety needs of women who are battered.     

Threatened and attempted suicide by partner-violent male respondents petitioned to family violence court

The authors examined threatened and attempted suicide among partner-violent male respondents in a family court domestic violence intervention court based on the reports of 101 women petitioning the court for orders of protection. Suicidal behavior was prevalent; 45.5% of respondents had a history of threatened suicide and 12.9% had a history of suicide attempts. Most recent threats were clustered in the previous 6 months (70.5%) with one-fourth occurring within a week of the petition, potentially indicating a desperate response to a deteriorating relationship. Attempts were not clustered in recent months. Men with a history of threatened or attempted suicide were shown to have been more violent at the index offense and greater domestic violence severity overall, potentially indicating a subsample of more severely partner-violent men also at particularly heightened risk for suicide. The study of suicidal behavior in partner-violent men may inform the prevention of suicide and severe domestic violence.     

The reporting and help‐seeking behaviors of domestic violence victims with criminal backgrounds

The decision to report domestic violence is often conditional on whether victims were satisfied with their prior treatment by the criminal justice system. One issue in reporting victimization is that victims of domestic violence may also be involved with the system as offenders. The current paper systematically reviews research on this overlap, finding that most research supports that victims who also have criminal backgrounds are significantly less likely to report subsequent experiences of domestic violence, and are less likely and able to seek out social services, particularly when they report prior negative experiences. The paper then identifies theoretical and policy‐based implications of the review findings.     

Obstacles to victims' cooperation with the criminal prosecution of their abusers: the role of social support

Over the last 20 years, diminishing tolerance for domestic violence has triggered significant criminal justice reforms designed to facilitate the prosecution of abusers. Prosecutors, for example, have adopted policies requiring that cases go forward even if the victim later has second thoughts. Although increasingly common, these "no drop" policies reflect a profound irony about domestic cases that is well known but little understood: the most formidable problem in prosecuting such cases is often the victim's own unwillingness to bring the abuser to justice. This prospective study explored a range of factors potentially predictive of domestic violence victims' cooperation with the prosecution of their abusers. Although the study focused on interpersonal and institutional social support, it also investigated the influence of violence severity, victim demographic factors, and victim mental health characteristics, including the presence of depressive symptoms, emotional dependence on the abuser, and substance abuse. Findings showed that tangible support, severity of violence in the relationship, and the presence of children in common with the abuser all significantly predicted victims' cooperation with the prosecution of their abusers. Substance abuse significantly predicted victims' noncooperation with prosecution. The research and policy implications of these findings are discussed.     

Fear and expectations: differences among female victims of domestic violence who come to the attention of the police

This study investigated a broad range of female victims of domestic partner abuse who came to the attention of the police. Ninety-five consecutive victims were interviewed by officers in a police department's domestic violence unit. Twenty-two percent of the victims matched expectations of women who were both afraid of their abusers and expected future abuse. Surprisingly, 46% of the victims were unafraid of their offenders and believed that future abuse was unlikely. A consistent pattern of findings supports the conclusion that a much broader range of victims than expected comes to the attention of the police. These results suggest exploring alternative police responses for different types of victims.     

Child custody evaluations and domestic violence: case comparisons

The literature indicates that witnessing domestic violence is harmful to children, that them is a high overlap between domestic violence and child abuse, and that safety is an important issue for separating women because separation from abusive partners is a particularly dangerous time for victims of domestic violence. Further, child custody is often a contentious issue in domestic violence cases. Child custody evaluations are typically used to assist courts in deciding custody when custody is disputed and when the best interests of the child are unclear. The concept of "best interests of the child" does not specify evaluation techniques or approaches, however, and while custody evaluation standards generally address the best interests of the child, they offer little guidance in high-risk situations such as parental domestic violence. In addition, there has been limited research focused on understanding the custody evaluation process or the degree to which practitioners differ in their procedures and reporting for cases with and without parental domestic violence. This study is one of the first to examine characteristics of disputed custody cases and their custody evaluation reports differences between domestic violence and non-domestic violence cases. This study selected a 60% random sample of cases with custody evaluations in Fiscal Year 1998 and 1999 (n = 82 cases). Out of the 82 cases, 56% (n = 46) met criteria for classification into the domestic violence group and 44% (n = 36) did not. In general, results indicated that although there were some important differences in court records between cases with and without domestic violence, there were only minor differences between custody evaluation reported process and recommendations for the two groups. Implications for research and practice are discussed.     

The Norwegian police and victims of elder abuse in close and familial relationships

Over recent decades, domestic violence or family violence, violence against women and child abuse has received much attention in the media, in political discourse and in social research. However, abuse of older adults arouses limited interest. In government action against domestic violence and in police guidance manuals, the elderly receive little attention. The aim of this article is primarily to demonstrate how the police attempt to prevent elder abuse in close relationships, especially in parent-child relationships. This article highlights some contradictions between the need of the police to produce criminal cases (often contrary to the interests of the victims) on the one hand, and the police's duty to prevent further abuse on the other. Research has documented that help and prevention measures in question make the situation even worse for the victims they are meant to help.     

Domestic violence screening and service acceptance among adult victims in a dependency court setting

Many child welfare systems are unable to effectively identify and address co-occurring domestic violence and child maltreatment. In response, the Dependency Court Intervention Program for Family Violence implemented a protocol to identify indicators of domestic violence in families involved with child protection proceedings. This article highlights data that demonstrate the ability of an outreach and screening process to identify adult victims of domestic violence in dependency court and to offer them appropriate intervention services.     

The parallels between undue influence, domestic violence, stalking, and sexual assault

The dynamics of undue influence (UI) have many similarities with domestic violence, stalking, and grooming behavior used by some sexual predators. This article will help practitioners-particularly law enforcement investigators and prosecutors-better recognize UI as a pattern of behaviors, not an isolated incident. Understanding the dynamics of UI will enhance professionals' appreciation of the responses of victims and the manipulative nature of exploiters. Strategies that have been used effectively with domestic violence, stalking, and some sexual abuse cases may provide remedies for victims of UI and criminal justice options for holding perpetrators accountable. Enhanced awareness of these dynamics should lead to improved investigations, more effective strategies when interviewing and working with victims, and more successful prosecutions of perpetrators who use UI to financially exploit an older person.     

Violence among child molesters

Although sexual offenses against children have often been characterized as nonviolent, recent information has indicated that a subgroup of very violent offenders exists. The present study examined details of both familial and nonfamilial sexual offenses against children in order to investigate the type of offense committed, as well as the frequency of violence and aggression. Two trained raters were used to code clinical information which examined offenders’ backgrounds as well as details of crimes. Subjects consisted of all in‐patients referred to the Clarke Institute of Psychiatry over a five‐year period who were charged with a sexual offense against a child (29 incest offenders and 37 nonfamilial offenders). The two groups were similar in demographic characteristics, with the exception of the incest group being older and more frequently married. Details of the index offenses revealed that both groups of offenders had penetrated victims in over half the cases, had used physical force (such as beating) in 89% of cases and had used verbal threats in 26% of cases. Victims included a 3‐month‐old infant and seven children between the ages of 3 and 5. Higher levels of physical aggression and verbal intimidation were found among incest offenders. These findings are particularly alarming given that clinical files are often lacking in details of criminal charges and may underestimate the degree of violence in these offenses. The implications of these findings are discussed in terms of generalizability and the myths and stereotypes that surround both the perpetrators and the child victims of sexual assault.     

A comparison of male and female dually arrested domestic violence offenders

This research provides information on dually arrested female defendants in domestic violence cases. The data comes from all heterosexual domestic violence cases resulting in a dual arrest from one large mid-South city during a 28-month period. Information on matched pairs of dually arrested male and female defendants (N = 317) came from multiple sources, including official criminal justice records (arrest reports and local criminal histories) as well as victim/offender interviews with both the arrestee and his/her partner. Comparisons were made between males and females in terms of their demographics, criminal histories, prior history of domestic violence (as both victim and offender), and behavior during the instant offense. Analyses revealed that these couples had ample contact, whether as victim or offender, with the criminal justice system. While there were no significant differences in partners' reports of minor and severe physical abuse, criminal justice date indicated that male arrestees demonstrated a significantly higher overall level of severity of violence than their female counterparts. Additionally, male arrestees had a more serious history of intimate partner and extrafamilial violence as well as other indicators of an antisocial lifestyle in comparison to female arrestees. To the extent that females in our cohort demonstrated less overall criminality and engaged in less severe domestic aggression, the idea of equivalency of violence between male and female arrestees must remain questionable.     

What criteria do child protective services investigators use to substantiate exposure to domestic violence?

The primary purpose of this study is to determine whether child protective services investigators apply a recognizable set of criteria to substantiate batterers and victims of battering for exposing their children to domestic violence. Although domestic violence occurred in 35% of the 1,248 substantiated incidents of child maltreatment, only 31 (7.1%) couples were investigated for exposing a child to domestic violence or failing to protect a child from domestic violence. All of the batterers investigated and in the caregiver role when their children were exposed to domestic violence were substantiated. The unsubstantiated victims of battering tended to use more protective behaviors (M=3.82) than the substantiated victims (M=2.00); yet, at the case level, using more than one protective behavior did not seem to be a criterion used to substantiate the victims. Instead, it appears that investigators were discriminating between those protective behaviors by the victims that ended contact between the batterers and the children--for a substantial amount of time--and those that did not in both the substantiation and removal decision. Key issues related to applying criteria in incidents involving domestic violence are discussed along with recommendations to further refine and document them.     

Understanding child sexual abuse by Catholic priests from a situational perspective

Most sexual offense research focuses on offender motivation and individual risk factors rather than the criminal events themselves. This article provides an analysis of data from two studies on child sexual abuse by Catholic priests to help understand the opportunities clergy had or created to abuse youth. Findings show that situational factors played a role in victim choice among a heterogeneous group of abusers. Priests abused more male than female victims and had significantly greater access to male youth historically. When access to female youth increased in the 1990s, abuse of females as a percentage of victims also increased. The article concludes with a discussion about how ecological information can be used to craft intervention policies to prevent sexual offenses.     

Stalker profiles with and without protective orders: reoffending or criminal justice processing?

Research indicates that stalking is an extension of intimate partner violence. The overall purpose of this study was to better understand stalkers by examining the association between a protective order history and the court's processing of subsequent stalking, and to examine patterns of reoffending. This study examined a sample of 346 males who were charged with stalking in 1999 in one state. Subjects were partitioned into three groups: (1) males without protective orders; (2) males with one prior protective order; and (3) males with two or more prior protective orders. Almost two-thirds of the stalkers had a protective order against them at some point in the study, suggesting that stalking is associated with intimate partner violence. Results also found a linear trend with many of the criminal justice involvement variables and protective order history prior to 1999. Those charged with first-degree stalking were more likely to be found guilty initially, and about one-third of all three study groups had the initial felony stalking charge amended. Of those charged with second-degree stalking, only 7% of the group with two or more protective orders was initially found guilty, which was substantially less than the other two groups. And, when all the amendment dispositions were considered, there were no significant differences by group in guilty and dismissed dispositions for the index stalking charge. Further, consistent with previous criminal justice involvement, the group with two or more protective orders was more likely to have subsequent felony charges than the other two groups. Implications are discussed.     

Mental health and criminal justice issues among perpetrators of elder abuse

ABSTRACT Recent studies on elder abuse suggest that the pathology or impairment of the abuser may be a stronger predictor of elder abuse than characteristics of the victim. To examine the relationship between elder abuse, abuser pathology, and the criminal justice system, the New York City Department for the Aging (DFTA) undertook a survey of older victims of reported domestic abuse seeking assistance from the DFTA Elderly Crime Victims Resource Center. Preliminary findings from the survey indicate that impaired abusers were significantly younger than unimpaired abusers and more likely to live with their elderly victims, to be unemployed, and to have a history of involvement with the criminal justice system.     

Domestic violence laws and suicide in Mexico

In the mid-1990s Mexican states began adopting reforms that for the first time criminalized domestic violence. Two separate policies were also adopted which allowed domestic violence to be grounds for divorce and established prevention and assistance programs for victims of domestic violence. I exploit the variation in time and geography to estimate the impact of these three policies on female suicide rates using a difference-in-difference methodology. The results indicate that states that criminalized domestic violence exhibited a 22–34% decrease in suicide rates compared to non-adopting states, but there is no robust evidence that the other two policies had any impact. A battery of tests provides support for the robustness of these findings and indicates that most of the effects are concentrated among married women. Analysis of a cross-sectional, nationally representative survey covering violence against women in Mexico suggests reduction in sexual and physical violence as a possible mechanism behind the reduction in female suicide rates. These findings are consistent with an intra-household bargaining model with asymmetric information and costly conflict which predicts that policies that reduce conflict within the household can reduce female suicides. The results highlight the importance of developing and implementing policies that facilitate reporting and providing access to legal institutions for victims of domestic violence, which can in turn improve a victim’s wellbeing.

     

The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System

The Constitutional guarantee of procedural “due process,” arguably the most essential principle of the American justice system, provides that no person should be deprived of their rights without, at a minimum, notice and an opportunity for a meaningful hearing. Yet the personal rights of crime victims and other third parties are often violated in criminal proceedings in the absence of even minimal respect for due process. The problem persists, in part, because the system does not provide victims with personal legal advocacy and prosecutors are neither obligated nor empowered to serve as the victim’s lawyer. This lack of systematic zealous advocacy for victimsproduces harmful common law principles that depend on andperpetuate false and prejudicial notions about the credibility of rape victims, and women as a class. This article calls for the creation of public and privately supported lawyers for victims at both the trial and appellate levels of the criminaljustice system in an effort to ensure respect for fundamental constitutional principles, and to identify and eradicate gender bias in the criminal common law.     

Problem‐Solving Courts: Theory and Practice

Problem‐solving courts (PSCs) are a popular and fast‐growing alternative to the usual way of handling criminal cases. In place of the adversarial process, they provide court‐supervised treatment to certain groups of offenders by addressing the underlying causes of criminal behavior. They take on a variety of forms including drug courts, mental health courts, domestic violence courts, veterans’ courts, and homeless courts. PSCs, as relatively new innovations in the criminal justice system, are still evolving in scope and in practice. This article then attempts to synthesize what we know about these specialty dockets. To do so, this article (1) explores the origins and developments of PSCs as well as highlights their defining characteristics; (2) examines the theoretical approaches and empirical findings of contemporary research on problem‐solving courts; (3) critically discusses whether this new approach to old problems compromises core judicial principles; and (4) suggests directions for further research to better understand the cautionary promise of problem‐solving justice.     

Shelter Service Utilization of Domestic Violence Victims

This study examines service utilization among 283 adult victims of domestic violence identified by crisis responders as being in need of crisis services. The purpose of this study is to explore the differences between the domestic violence victims who choose to utilize shelter services and those who do not. Findings suggest that domestic violence victims who were more likely to utilize shelter services included those who had children at the time of the incident, victims who called for assistance from a location other than their home, victims who did not have a current order of protection in place, and victims who were injured during the domestic violence incident. Implications suggest more specific services to be provided by shelters.     

Understanding and informing policy implementation: a case study of the domestic violence provisions of the Maryland Gun Violence Act

The Maryland Gun Violence Act, enacted into law in 1996, explicitly authorized courts to order batterers to surrender their firearms through civil protective orders. It also vested law enforcement with the explicit authority to remove guns when responding to a domestic violence complaint. In order to assess how these laws were implemented, we designed a case study and collected data from in-depth, key informant interviews, court observations, and relevant documents. We present findings from this study and recommend how to increase the likelihood that policies designed to separate batterers and guns are implemented in a way that will result in greater protections for victims of domestic violence.