Prosecutor Response to

Domestic Violence

Learning Unit 5

A mini content lecture designed as a supplemental learning resource for CRJ 461 by Bonnie Black.

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Represents the interest of the state or people

Responsibility to ensure justice is served

Is not the victim’s attorney despite beliefs to the contrary

What is the Role of the Prosecutor?

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Traditional Treatment of Victims in Criminal Justice System

Insensitive Questioning Victim’s Fault- Blaming Can’t Find Out What is Happening Property kept for Long Time As Evidence Time Wasted At Court Indifference to Fears About Cooperating Anxiety About Testifying/Questioning Victim’s Needs Secondary to Conviction

Would you want

to cooperate?

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Injustices by Prosecutors

Conviction Focused Common use of plea

bargaining to dispose of high volume of cases

Politically motivated◦ get votes◦ appease the public

Little victim sensitivity◦ They are a means to an

end result - conviction

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Victim Costs Associated with Participating in Criminal Justice System

Anxiety - Fear Lack of Information Delays/Continuances Time From Work/Reduced Income Transportation

Problems Babysitting Issues and

costs Intimidation Frustration Abuse

Remedying the Plight

Prosecutor Strategies to Address Domestic Violence More Effectively

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REMEDY: Victim Witness Programs

“Minimize witness discontent…in order to retain testimonial value”Witness

Management

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Victim Witness Programs

Began in 1975

Emergence of Victim Advocates

Located in Police and Prosecutors Office

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Responsibilities of Victim Advocate

Explain the importance of cooperation

Inform of rights

Furnish information

Provide orientation to court process

Tips on recall and testifying

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Support and assistance

Reduces fear of unknown: educated about how the system works and role of the players

Reduces anxiety about participation

Learns about community resources

Direct contact in system is available to them to answer questions

Benefits to Victim

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Problems with Victim Witness Programs

NOT victim oriented; focuses on insult to society not insult to victim.

Based on what officials think victim needs NOT on victim wants.

Limited to those who report AND suspect is apprehended.

Based on needs of prosecutor NOT victim.

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Are victim witness programs simply a self-serving way to get a conviction on the case?

What are the disadvantages to the victim?

Think About It!

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Also called “Victimless” or “Evidence-Based” Prosecution

◦ Victims desire to drop charges or unwillingness to cooperate is not a reason to dismiss the charges.

◦ Prosecution is based on evidence◦ Reliance on police officers preserving and

gathering evidence at the scene◦ Most D.V. cases do not go to trial

plea bargained diversion

REMEDY: No Drop Policies

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Offender agrees to terms and treatment

Usually designed for first offenders

◦ Just because a D.V. offender hasn’t been arrested, doesn’t mean there is not a long pattern of abuse

If successful, charges are dismissed.

No conviction

Common in lower courts; misdemeanor cases

Are different depending on jurisdiction and state.

REMEDY: Diversion

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“What is diversion? Diversion is offered to offenders who meet a specific criteria. Those

who are eligible will have the option of completing a counseling program designed to prevent the defendant from committing this type of crime in the future. Upon successful completion of the program, the charges will be dismissed. Upon request of the victim, the views of the victim shall be considered in determining diversion eligibility.

Who qualifies for diversion? The prosecutor determines at the time of prosecution whether a

defendant is eligible to attend diversion. Factors that may influence the decision include:

◦ Whether this is the first time charges are brought. ◦ Whether a previous case has been dismissed through diversion. ◦ Whether the victim is under the age of 15. ◦ The severity of the offense. ◦ You may learn additional information about diversion by speaking with a victim

advocate at 602-261-8192.”

Example: City of Phoenix Diversion

Source: City of Phoenix , Frequently Asked Questions; http://phoenix.gov/VICTIMS/faqs.html

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“What happens if the defendant fails to complete diversion?◦ If the defendant fails to

complete diversion, the court will find the defendant guilty. The judge will then impose the sentence that was agreed to on the diversion plea agreement.”

City of Phoenix Example Cont.

Source: City of Phoenix , Frequently Asked Questions; http://phoenix.gov/VICTIMS/faqs.html

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Vertical Prosecution◦ D. V. cases are

handled by the same prosecutorial team or prosecutor from time of complaint to disposition.

◦ Victims don’t get shuffled around

◦ Promotes cooperation

Specialized Prosecution Units

◦ Creates level of expertise

◦ Cases don’t fall through cracks

REMEDY: Team Approaches

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Has been referred to as “victimless prosecution.”

Assumes domestic violence victim won’t cooperate so focus is on the evidence in case.

Police role in collection and documentation of evidence is key.

Based on the assumption victim recantation (change his/her story) will occur.

REMEDY: Evidence Based Prosecution

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Tape recording victim statement or having them write it down at scene.

Statements of children who may have been present.

Photos of injuries and property damage. Third party statements from witnesses or

neighbors who may have heard something. Medical records. Audio of 911 call.

Examples of Evidence in D. V. Cases

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What is it?◦ Exception to hearsay

rule that prohibits statements from a “second party repeating what the first party said.”

Allows for spontaneous and excited statements to be admitted “even if the party who said them is not present.”

Comes from: Startling event Stress from excitement of

event To apply, statement made

while event was occurring or close thereafter

“Excited Utterance” Use in D.V. Cases

Quote Source: “The Criminal Justice Response to Criminal Justice” by Andrew Klein, Thomson Wadsworth, 2004.

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Funded by Violence Against Women Act

Focus on prosecution policies to create consistency in D.V. decisions

Recognition that training needed to be collaborative and involve police, prosecutors, judges, probation officers, victim advocates, etc.

◦ Important: Emphasis on a system wide approach to D.V. not just an agency approach

REMEDY: Prosecutor Training on D.V.

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Abuser Treatment: A Requirement of Diversion

Think About It!

Can It Place The Victim At Risk?

Abuser treatment and research is in its infancy.

Popular option for prosecution and courts.

Certification and monitoring of programs remains lax.

One treatment fits all. Quick fix to long term

problem. 23

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Inappropriate Abuser Treatment

CouplesCounseling

PROGRAM

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STEP Support/Self-HelpGroups

AngerManagementPrograms

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Indicators Of Offender Change

Sincerely feels distress and remorse about behavior.

Accepts responsibility—”Owns” problem.

Wants to change behavior and demonstrates it.

Recognizes criminality and consequences.

All forms of abuse cease.

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Indicators of Change Cont.

Is “involved” in treatment---counselor and victim recognize change.

Acknowledges abuse is intentional and used to control partner.

Accepts change as lifetime commitment not temporary fix.

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Critical Elements in Court-Ordered Abuser Treatment

Court notification critical if not participating. Open communication/collaboration with

service provider and court. Success needs to focus on behavior and

attitude change NOT compliance. Prosecutors need to follow through with

charges--courts need to impose consequences.

Victim safety comes first. Abuser no longer blames; takes

responsibility. Completion is more than attendance; based

on demonstrated attitude and behavior change.

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Bottom Line:

Abusers are alldifferent!

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AZ Dept. of Health Services Licensing Rules for Abuser Treatment

1st time abuser◦ Minimum 26 sessions over at least four months

2nd time abuser◦ Minimum 36 additional sessions (62)

3rd time abuser◦ Minimum 52 additional sessions (78)

Source: “A Guide for Safety and Justice in Arizona, June 2004

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Victim recantation is common in D. V. prosecution.

Victim Witness Programs serve the needs of prosecution but do offer benefits to the victim.

Diversion of D.V. cases is common with misdemeanor offenses; based on strong assumption that abuser treatment will solve the problem.

An evidence based approach to prosecution means police and prosecutors must work together.

Conclusion