CJ 333

Unit 9

• Minneapolis Domestic Violence Experiment– Arrest the suspect– Order one party out of the residence– Advise couple how to solve their problems

• Research showed if suspect arrested, significant reduction of future offenses

• Others decided to make mandatory arrests due to this research

• Criminalization of domestic violence begins!

Today

• Largest single category of police responses– Charlotte NC 30,000 year of 60% of all calls

• How should officers respond?– Criminally?– Social worker approach ?– Mediator?

Options

• Strict Enforcer– Focuses strictly on legal issues

• Service Officer– Assumes the “savior” role

• Integrated Investigator– Uses both, legal and social services

• Research still indicates arrest reduces repeat offenses

Police Training

• 75% of PD’s require specialized domestic violence training

• 63% require both for pre-service and in-service training

• Great deal of variety from PD to PD

Topics

• Definition of DV

• State DV laws

• Department DV policies

• Dynamics of DV

• Victim safety

• Officer safety

• Determine who is primary aggressor

Training

• Evidence collection

• Investigation of DV cases

Specialized Domestic Violence Response Units

• Only 11% of PD’s– Shows greater success with prosecutions– Less victims decline to prosecute 30% v 8%– Collect more evidence 62% v 12%– Emphasizing repeat victim contact & evidence

gathering– Higher % of prosecution, conviction &

sentencing

1. Specialized DV units influence prosecution & conviction

2. Specialized DV units influence victims behavior (> likely to leave their abusers sooner)

3. Specialized DV units do reduce subsequent abuse

4. Specialized DV units increase victim satisfaction

Police responses

• Mandatory arrest (20 states and growing)

• Officer’s discretion (21 states)

• Pro-arrest (9)

• Page 284 has chart of US

• Dual arrests

Injuries

• In Charlotte NC– 1% gunshot– 3% knife– 4% major– 13% minor– 38% no injuries– 41% bruising

Arrest? No arrest?

• What does an officer consider in a DV case?

• Felony?

• Misdemeanor?

• Is it a crime?

• Probable cause exist?

• Power to arrest w/o warrant?

• Has a protection order been violated?

• More likely to be arrested if injury to victim and presence of minors

Probable Cause“Probable cause to arrest exist when the

facts and circumstances known to the officer are sufficient to warrant a reasonably prudent person in believing that the suspect has committed or is committing a crime.”

More then suspicion but not beyond a reasonable doubt

Does it exist? What does officer look for?

• Collective knowledge doctrine

• Knowledge about the suspect

• Suspect’s behavior to police

• Reliable hearsay

• Observations by police

• Collective knowledge doctrine does not requires full knowledge of any one of officers

Primary Aggressor Determination

• Who is victim? Aggressor?

• Use standards other then size or gender

• Who poses the most danger to who?

• Who is most at risk of future harm?

• If mutual combative, look for 3 elements of self defense that may help id primary aggressor– Did one person using force have reasonable

belief that he/she was at risk of harm? Were there prior incidents? Threats made?

– Was the risk of harm actual or imminent?– Was the force used reasonably necessary to

prevent/stop harm?

• Don’t assume the larger person is always the primary aggressor

• Bruises may take hours to appear but defensive violence ie scratches, bites are immediate.

• Question separately. How were marks made and why

• History of abuse? • Determine who initial aggressor is

• Stalking

Pattern or repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear

Cyberstalking

• Repeated threats and/or harassment

• The use of electronic mail or other computer based communication

• That would make a reasonable person afraid or concerned for safety.