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
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