NCJ Number
128575
Date Published
1990
Length
17 pages
Annotation
This paper traces the history of the criminal justice system's policy and response toward domestic violence.
Abstract
Before the 1970's, police were reluctant to respond to domestic violence as a crime. They rarely made arrests in such cases, and few spouse abusers ever came to trial. Now there is increased pressure for the police to handle domestic violence as a crime. This paper argues, however, that treating domestic violence like any other crime is not likely to provide adequate protection for victims and their families. Special case handling is required for domestic-violence cases. These cases may involve continuous abuse of varying degrees of severity, and victims may fear reprisal from abusers if they attempt to summon help. In the past, officers have determined whether or not to arrest perpetrators of domestic violence based largely on the willingness of the victim to prosecute rather than upon the evidence. Irrespective of the victim's wishes, if probable cause exists, responding officers should arrest the abuser. Such action communicates to the offender, the victim, and the community that domestic violence is a serious crime. Prosecutory policies should indicate to both the defendant and the victim that the criminal justice system considers these cases criminal, that the State has an interest in prosecuting these cases regardless of the victim's views, and that the victim's attitudes do not determine how the court responds to the batterer's actions. Victim advocates, victim services, and victim protection are also important considerations for any effective domestic-violence policy. 10 notes and 23 references