The significance of the victim advocate for domestic violence victims in municipal court

Previous research has examined factors that influence felony case prosecution in domestic violence cases, but few have analyzed how victim participation, or lack thereof, may affect the defendant's case outcome in misdemeanors. This study used 384 municipal cases from a specialized domestic violence court to examine the role of the victim advocate and variables that had an impact on victim participation with prosecution and case disposition. To ensure that decisions in all cases were consistent, all decision makers in the sample involved the same group: the court advocate, prosecutor, and judge. The analysis found that victim cooperation after arrest coupled with services provided by shelter court advocates were a strong predictor of victim cooperation at disposition and case outcome.     

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.     

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.     

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 do battered women want? Victims' opinions on prosecution

Prosecutors have increasingly adopted mandatory prosecution in domestic violence criminal cases. There is little empirical evidence, however, that the policy is a good match for victims' needs. Interviews with 94 battered women, whose cases were randomly selected from prosecutors' files, focused on their opinions of prosecuting. A logistic regression explores the factors that predict whether victims favor or oppose prosecution. Open-ended responses are coded into themes using the goals of sentencing literature as a framework. Previous published works are also tentatively grouped into the same themes to look for trends in the field. The most frequent reason why victims oppose prosecution is that the crime is too minor to justify a penalty.     

Precinct Domestic Violence Teams: Whose Goals Should Determine Program Activities?

ABSTRACT

This article describes an urban community's attempts to increase domestic violence survivors' participation in the criminal justice system by combining social work advocacy, specialized police officers, and prosecutors into precinct domestic violence teams. An analysis of the outcomes of 1,057 domestic violence reports found that the presence of the teams did not result in increased survivor participation in prosecution. A survey of 265 of the survivors indicated that prosecution was rarely a goal of the survivors, whose participation was needed to meet the goals of the criminal justice system. This study illustrates the importance of learning the views of people that interventions are designed to help.     

Innocence Lost: Accomplishing Victimization in Intimate Stalking Cases

This article explores identity work and emotion management in felony domestic violence stalking cases, using data collected in a domestic violence unit in a large metropolitan district attorney's office. Victim narratives in crime reports, intensive interviews of stalking victims, and participant observation in a stalking survivors' support group show how women become “victims” in the criminal justice system. Sometimes women's continued interaction with both stalkers and law enforcement actors affects their ability to create and sustain credible victim identities. Almost any action a victim takes or presentation she makes has the potential for inducing negative identity attributions. Thus identity dilemmas seemingly inhere in the stalking situation.     

Forensic Evaluation in Alleged Sibling Incest Against Children

Sibling incest is a serious form of intrafamilial sexual abuse with health, social, and legal relevance. A retrospective study was conducted through the analysis of forensic medical reports of the alleged sibling incest of victims under 18 years old (n = 68) from 2004 to 2011 as well as the respective judicial outcomes. Results demonstrated that sibling’s sexual abuse is associated with several circumstances that might exacerbate its severity such as vaginal, anal, and/or oral penetration. Moreover, the victim’s young age, the proximity between victim and abuser, and the fact that it is committed at the victim’s and/or abuser’s home and by using physical violence and verbal threats justify a late detection of these cases.     

Norms and Costs of Government Domestic Violence Policies: A Critical Review

Domestic violence and governmental domestic violence policies impact many families and produce considerable economic costs. This paper reviews literature related to domestic violence including false claims of domestic violence. Domestic violence literature is considered in relation to economic literature on norm theory and the procedural justice concept. Norm theory provides a basis to understand and evaluate domestic violence policies and offer suggestions regarding those policies. Current norms may encourage overly aggressive governmental response to claims of domestic violence, provide an incentive to file false claims in some cases, and provide little if any penalty for filing false claims.     

Intimate justice. III: Healing the anguish of abuse and embracing the anguish of accountability

This article presents an exploratory approach to couples therapy for abuse based on intimate justice theory. The article explains "the accountability axiom," which brings the relationship between the anguish of abuse and the anguish of accountability into focus. Understanding the accountability axiom can help therapists simultaneously engage both the victim of abuse and the abuser by creating two therapeutic environments in conjoint therapy--one environment that affirms the victim and one that challenges the abuser. The ideas are based on a qualitative study conducted by the authors, and the approach is illustrated with a clinical case involving psychological abuse.     

Domestic violence cases involving children: effects of an evidence-based prosecution approach

This article reports findings from the evaluation of a city-county criminal prosecution unit for domestic violence involving children. Data from 446 cases prosecuted in the first 2 years of the Joint Prosecution Unit (JPU) were compared to a matched group of 446 domestic abuse cases prosecuted by both the city and county attorneys' offices in the 2 years prior to inception of the JPU. Results of the comparisons indicated that fewer cases were declined or dismissed by the new unit, and that cases were prosecuted at a significantly more stringent level. Multinomial logistic regression analysis indicated that child and weapon factors were associated with increased likelihood of a more serious (i.e., felony) plea for the new prosecution unit, relative to the comparison group. Results are presented in the context of addressing the difficulties inherent in the prosecution of domestic abuse and in light of the increasing awareness of the detrimental effects of domestic violence on children.     

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.

     

Elder Sexual Abuse in Britian:

Ninety cases of suspected elder sexual abuse were identified by professionals working with vulnerable elderly people in Britain. A female to male victim ratio of 6:1 was indicated and some 85% of all victims were aged 75 years and over. In all but two cases, the abuser was male. Almost 90% of the victims were dependent on their abusers for care. Preliminary findings of the study are presented and the implications of the research are considered.     

Taking guns from batterers: public support and policy implications

Federal law prohibits the purchase or possession of a firearm by persons convicted of misdemeanor domestic violence and those under certain domestic violence restraining orders. The purpose of this investigation is to examine public sentiment about the removal of firearms in the absence of a restraining order or misdemeanor conviction following domestic violence. An experimental vignette design was used in a telephone survey of a cross-sectional statewide sample of 522 community-residing adults in California. Study design and population weights were applied; the findings, thus, are a reasonable approximation for the population of California. In more than 3,500 vignettes, the abusive behavior was judged to be wrong, illegal, or should be illegal (98.7%, 73.1%, and 77.7%, respectively). Although only about one half (56.5%) of the scenarios were thought to merit the issuance of a restraining order, three fourths (77.4%) were thought to merit the removal of firearms. Multivariate analyses indicated greater support for firearms removal when the abuse involved sexual or physical abuse (adjusted odds ratio [AOR] ranged from 2.65 to 5.64) or a gun (AOR = 6.54). Men were the sole population group with significantly lower support for firearm removal following domestic violence (AOR = 0.39). The men who wanted firearms to remain did not differ from other men on any of the measured variables. In sum, there is substantial support, especially when a gun is displayed in a domestic violence incident, for policies requiring the removal of firearms from abusers.     

Getting reluctant substance abusers to engage in treatment/self-help: a review of outcomes and clinical options

This review examines the results from 19 outcome studies, involving 1,501 cases, within 10 different clinical approaches to getting alcohol or drug abusers to engage in treatment or self-help. Each approach is summarized and its "success rate(s)" presented. Comparisons are made across various subcategories, such as alcohol vs. drug abusers, adolescents vs. adults, and experimental conditions vs. controls. A distinction is drawn between "Dual-Purpose" approaches, which combine engagement with counseling of the concerned person who originally sought help for the substance abuser, and "Engagement-Primary" approaches, which generally confine their efforts (through working with family members and others) to getting the substance abuser into treatment/self-help. "Best bet" clinical options are presented in terms of which particular approach appears to have the edge with which kind of substance abuser.     

The role of stalking in domestic violence crime reports generated by the Colorado Springs Police Department

A review of 1,785 domestic violence crime reports generated by the Colorado Springs Police Department found that 1 in 6 (16.5 percent) contained evidence the suspect stalked the victim. Female victims were significantly more likely than male victims to allege stalking by their partners (18.3 vs. 10.5 percent). Most stalkers were former rather than current intimates. Regardless of victims' gender, reports with stalking allegations were significantly less likely to mention physical abuse or victim injury in the presenting condition, to involve households with children, or to involve victims and suspects who were using alcohol at the time of the report. Female victims who alleged stalking by their partner were significantly less likely than female victims who did not allege stalking to be emotionally distraught at the time of the report, but significantly more likely to have an active restraining order against the suspect, and to sign releases to facilitate the police investigation. Police almost never charged domestic violence stalking suspects with stalking, preferring instead to charge them with harassment or violation of a restraining order.     

Therapists' prototypical assessment of domestic violence situations

Prototypical perceptions by therapists have the potential to influence the therapeutic process of assessment. The purpose of this study is to begin to develop an understanding of how prototypes might affect marriage and family therapists' assessments of domestic violence situations. Participants evaluated one of three domestic violence scenarios that were identical in dynamics but different in terms of sexual orientation of the couple (i.e., heterosexual, gay, or lesbian). The most significant finding was that initial assessments of victim and perpetrator identification and power attribution differed depending on the sexual orientation of the couple. The "man as perpetrator, woman as victim" prototypical paradigm for heterosexual domestic violence emerged. In the same-sex scenarios, often "both" partners were perceived to be indicated both as victim and perpetrator.     

Lesbian Mothering in the Context of Intimate Partner Violence

SUMMARY

Twenty-four lesbian mothers (12 African American, 9 White, and 3 Latina) who had experienced physical abuse by a same-sex partner were interviewed. Three types of IPV were found: intimate terrorism, situational violence, and mutual violent control. Further, relationships between mothers/abusers, mothers/children, and abusers/children were examined. Regarding relationships with abusers, 71% of mothers reported lengthy sagas, 17% had worked it out, and 13% made a clean break from the abuser. Regarding relationships with their children, 48% of mothers hid the violence, 26% minimized it, and 26% openly communicated about the situation. Relationships between abusers and the mothers' children were found to be either co-parental (29%), playmate (21%), abusive (21%), or non-parental (21%). Correlations among relational and demographic variables were also examined.     

The implementation of workplace violence policy in state government

Workplace violence has received an increasing amount of attention in the last five years. While it is difficult to conclude that it is actually escalating, the numerous studies do provide numbers that lead one to believe that it is a serious problem. Although agencies and corporations are beginning to develop workplace violence policies, there is no published research that documents the results of the implementation of such policies. The current research examines North Carolina state employees' familiarity with their new workplace violence policy and reporting procedures, how uniformally the policy is being utilized, victims' perceptions of their agencies' responses to their own violent incidents, and their generalized perceptions of the agencies' intent to keep the workplace safe.     

Separating batterers and guns: a review and analysis of gun removal laws in 50 States

Firearms play an important role in lethal domestic violence incidents. The authors review state laws regarding two policies to separate batterers from firearms: laws authorizing police to remove firearms when responding to a domestic violence complaint ("police gun removal laws") and laws authorizing courts to order guns removed from batterers through a protective order ("court-ordered removal laws"). As of April 2004, 18 states had police gun removal laws; 16 states had court-ordered removal laws. The authors examine relevant characteristics of the laws and recommend that these laws be mandatory, apply to all guns and ammunition possessed by an abuser, and include clear procedures to enhance implementation.