NCJ Number
84621
Date Published
1981
Length
209 pages
Annotation
Prosecutors nationwide have increased convictions in spouse abuse cases by altering charging and screening procedures to remove the responsibility from the abused woman. They have simultaneously increased the victims' cooperation by providing adequate protection and court preparation.
Abstract
The literature shows a trend away from mediation, crisis intervention, and similar informal procedures in spouse abuse cases toward use of formal criminal charges. Innovative programs bypass traditional obstacles to prosecution: societal attitudes toward the family; the tendency of victims to withdraw charges, whether from fear of retalitation or because of emotional ties to the abuser; and large prosecutorial caseloads, relegating abuse cases to a low priority. Prosecutors in Law Enforcement Assistance Administration (LEAA)-funded programs in Cleveland, Seattle, Westchester County, N.Y., Santa Barbara, Los Angeles, and Miami have experimented with procedures based on a firm policy that battering is a punishable crime. To reduce attrition, prosecutors must deny victims' requests for acquittal once charges are filed, signing complaints against the offender themselves if necessary. Thus, the victim is made a witness rather than a complainant. Advocates should instruct victims about the criminal justice process, attempt to reduce intimidation, and encourage victims to cooperate. Pretrial release of suspected batterers should be conditional on a no-contact order; post-charge diversion for first offenders should include immediate rehabilitative counseling. Police should not be required to secure an arrest warrant in domestic abuse cases but should be required to report all abuse cases to the prosecutor. Names and addresses of seven prosecution programs are appended, along with sample forms; approximately 50 citations are provided.