Responding to Domestic Violence The Integration of Criminal Justice and Human Services 6th Edition by Eve Buzawa, Carl Buzawa, Barbara Hart 1544351275 9781544351278

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ISBN 10: 1544351275

ISBN 13: 9781544351278

Author: Eve S. Buzawa; Carl G. Buzawa; Barbara J. Hart

A fresh look at the response to domestic violence in the United States today by experts in their field. Responding to Domestic Violence explores the response to domestic and intimate partner violence by the criminal justice system as well as public and non-profit social service and health care agencies. After providing a brief theoretical overview of the causes of domestic violence and its prevalence in society, the expert author team covers such key topics as barriers to intervention, variations in arrest practices, the role of state and federal legislation, and case prosecution. Focusing on both survivors and offenders, the book provides a thorough exploration of modern strategies to address the realities and needs of all survivors. The new edition offers new chapters on Special Populations at Risk, Victim Services, Coercive Control, Intimate Partner Stalking, and Civil and Criminal Protection Orders. All remaining chapters have been substantially or completely rewritten to reflect the growing body of research in the field.

Responding to Domestic Violence The Integration of Criminal Justice and Human Services 6th Table of contents:

Chapter 1 • Introduction: The Role and Context of Agency Responses to Domestic Violence

The Domestic Violence Revolution—The Shelter Movement

Origins of the Battered Women’s Movement

The Domestic Violence Revolution: Research on Wife Abuse

The Domestic Violence Revolution—Community Collaboratives

Coordinated Community Response

The Domestic Violence Revolution—The Middle Years

The Domestic Violence Revolution—Is It a Success?

Future of the Movement: Criminal Justice Challenges

Should Criminal Justice Interventions Be Victim-Centered?

The Domestic Violence Revolution: Challenges Before Us

COVID-19 and Its Long-Term Impact

Note on Terminology

Part I • What Is Domestic Violence?

Chapter 2 • Matters of History, Faith, and Society

Chapter Overview

Historic Attitudes on Domestic Violence

English Common Law and European History

Nineteenth-Century European Advances

Early American Strategies and Interventions

Domestic Violence Reforms in the 1800s

The Continuing Importance of History

The Historical Pull Back

The Religious Basis for Abuse

The Old Testament: The Dawning of the Patriarchy in a Biblical Sense

The New Testament: A More Subtle Role

Medieval Christianity

Why Religion Remains Important

The Effect of Religion on Potential Batterers

The Effect of Religion on the Behavior of Victims of Domestic Violence

Domestic Violence Rates Among the Faithful

Can Religion Become Part of the Solution?

Do Societies Hold Different Standards for Some Religious Communities?

The Impetus for Change

Political Pressure and the Feminist Movement

The Role of Research in Promoting Change

Early Research

The Evolution of Research Supporting the Primacy of Arrest

Specific Deterrence

General Deterrence

The Minneapolis Domestic Violence Experiment

The Replication Studies

Omaha, Nebraska

Milwaukee, Wisconsin

Charlotte, North Carolina

Colorado Springs, Colorado

Miami, Florida

Reanalysis and Reaction to the Replication Studies

Legal Liability as an Agent for Change

Summary

Discussion Questions

Chapter 3 • The Extent and Impact of Domestic Violence

Chapter Overview

The Nature and Extent of Domestic Violence

Official Domestic Violence Data Sources

Supplemental Homicide Reports

Sexual Assault

Unofficial Survey Data

The National Family Violence Survey and the Conflict Tactics Scale

Controversies Over Definitions

Statutorily Defined Relationships

Domestic Violence Offenses

Stalking as Coercive Control

Age

Marital Status

Socioeconomic Status

The Impact of Domestic Violence

Injuries

Psychological and Quality-of-Life Effects on Victims

Homicides and Suicides: The Toll on Human Life

Suicide and Suicidality

Economic Impact

Domestic Violence in the Workplace

The Impact on Children and Adolescents

The Specialized Problem of Stalking in Intimate Relationships

The Impact of Stalking

Summary

Discussion Questions

Chapter 4 • Theoretical Explanations for Domestic Violence

Chapter Overview

The Complexity of Analyzing Intimate Partner Abuse

Individual-Focused Theories of Violence

The Role and Use of Batterer Typologies

Classifying Batterers by Severity and Frequency of Abuse

Typing Batterers by Their Generality of Violence and Psychopathology

Who is Most Risk of Battering?

Biology and Abuse: Are Some Batterers “Pre-wired” for Abuse?

A Question of the Mind?

Biological- and Psychological-Based Fear and Anxiety

Can Psychology Explain Domestic Abuse?

Personality Disorders and Mental Illness

Anger Control and the Failure to Communicate

Low Self-Esteem

Conflict Resolution Capabilities and the Failure to Communicate

“Immature” Personality

Is Substance Abuse the Linkage Among Sociobiological, Psychological, and Sociological Theories?

Are Certain Families Violent?

Family-Based Theories of Violence

Learning Theory

Sociodemographic Correlates of Violence and Vulnerable Populations

Poverty and Unemployment

The Social Critique Perspective on History, Laws, and Religion

The Feminist Perspective

Is Domestic Violence Merely an Extreme Form of Social Control?

The Development of Treatment Programs Based on Feminist Theories

Modifications and Challenges to the Theory of a Sexist Society

Can Feminist Insights Be Integrated With Other Theories?

Summary: Is a Synergy of These Theories Possible?

Conclusion

Discussion Questions

Part II • The Criminal Justice Response

Chapter 5 • Coercive Control: Contributed by Evan Stark

Chapter Overview

Background

Coercive Control: The Model

The Technology of Coercive Control

Violence

The Continuum of Sexual Coercion

Intimidation

Stalking

Degradation

Control

Isolation

The Materiality of Control

Coercive Control and Risk of Fatality

Measuring Coercive Control

New Research Directions

Violence and Control

The Adaptation of Coercive Control in Criminal Law

England: A Case Study: The Crisis in Domestic Violence Policing and the Incorporation of Coercive Control into Legislation

The Response from Government

Critical response

Is “More Law” an Example of “Criminalization?”

Policing Coercive Control

Conclusion: The Future of Coercive Control Legislation

Questions for Discussion

Chapter 6 • Special Populations at Risk

Racial and Ethnic Variations

The Black Population

The Hispanic Population

The Indigenous Population

Asian Americans

Intimate Partner Violence Among South Asian Americans

Teen Dating Violence

Impact of Teen Dating Violence

Teen Dating Violence Risk Factors

Pregnant Women and Reproductive Coercion

Victims With Disabilities

Domestic Violence in the Military and Law Enforcement

Lautenberg Amendment (USC 18 U.S.C. Section #922 (d) (9) and 18 U.S.C. Section #922 (g) (9))

Domestic Violence in the Military

The Official Response of the Military to Domestic Violence

Why Is There Substantial Underreporting of Military-Related Domestic Violence?

Domestic Violence in Law Enforcement

Which Officers Commit Domestic Violence?

A Model for Law Enforcement Agencies to Follow?

The Role of Gender

Violence Among LGBTQ Partners

Gender Differences in Same-Sex Intimate Partner Violence and Coercive Control

Intimate Partner Violence in Transgender Relationships

Other Sexual Identities

Men as Victims of Intimate Partner Abuse

The Meaning of Female Violence

Summary

Discussion Questions

Chapter 7 • Selective Screening: Barriers to Intervention

Chapter Overview

Victim Case Screening

The Failure to Report Crime

Current Statistics on Victim Reporting

Factors Affecting the Decision to Call Police

Degree of Injury

Cohabitation Status

Social Class

Ethnicity and Race

Immigration Status

Presence of Children

Offender Substance Abuse

Sex and Gender

Fear of Reprisal

The Role of Victim Satisfaction in Reporting Revictimization

Why Has Victim Reporting Stalled?

Belief that Domestic Violence is a Private Matter

Structural and Behavioral Aspects of Police Impacting Victim Screening

Bystander Screening

The Police Response

Role of Call Screening and Response Time

Why Police Culture Did Not Historically Consider Domestic Abuse “Real” Policing

Organizational Disincentives

Historic Structural Impediments to Police Action

Are Domestic Violence Calls Extraordinarily Dangerous to the Police?

Prosecutorial Screening Prior to Adjudication

Traditional Patterns of Nonintervention by Prosecutors

Prosecutorial Autonomy

The Reality of Budgetary Pressures

Prioritizing Prosecutorial Efforts to Targeted Offenses

The Impact of These Constraints on the Prosecutorial Response

Unique Factors Limiting Prosecutorial Effectiveness

Screening as a Result of Organizational Incentives

Case Attrition by Victims: Self-Doubts and the Complexity of Motivation

Victim Costs in Prosecution

The Impact of Victim-Initiated Attrition

A Judicial Annoyance: Handling Battling Families

Case Disposition by the Judiciary

The Decision to Access Victim Services

Summary

Discussion Questions

Chapter 8 • Domestic Violence Legislation

Chapter Overview

State Domestic Violence–Related Laws

Early Changes in Laws

Statutory Removal of Procedural Barriers to Arrest

Expansion of the Grounds for Arrest to Include Violations of Protective Orders

The Creation of Domestic Violence–Specific Crimes

More Recent Statutory Amendments

Statutes and Policies Mandating or Preferring Arrest

Rationale for Mandating Police Arrest

The Federal Legislative Response

Initial Efforts

The Violence Against Women Act of 1994

The VAWA Reauthorization Act of 2000

The VAWA Reauthorization Act of 2005

The VAWA Reauthorization Act of 2013

Federal Efforts to Combat Stalking

Ancillary Legislation Relevant to Victims of Domestic Violence

The Affordable Care Act (The ACA)

Future Legislation

The Quest for International Legal Reform and Human Rights

The Context for a Broader Response to Woman Abuse

Coercive Control in Europe

Broadening the Application of Human Rights Doctrine

The Istanbul Convention

Addressing the Normative Gap

Turkey: An Example of Trickle-Down Reform

Reform in the United Kingdom: England and Wales

Chapter 9 • Policing Domestic Violence

Chapter Overview

How Do Police Decide Whether to Arrest?

The Impact of Policies Mandating or Favoring Arrest

Variations in Police Use of Mandatory Arrest

Discretion to Arrest in Domestic Violence Cases

Is Police Discretion Applied Fairly?

Situational Factors Affecting Arrest

Key Situational and Incident Characteristics

Offender Absence When Police Arrive

Characterization of a Crime as a Misdemeanor or a Felony

Who Called the Police?

Presence of Weapons

Location

Injury

Repeat Offenders

Presence of Children

Existence of a Formal Marital Relationship

Perceived Mitigating Circumstances

Victim-Specific Variables in the Arrest Decision

Victim Preferences

Victim Behavior and Demeanor

Victim Lifestyle

Victim Vulnerability

Police Perception of Violence as Part of Victim’s Lifestyle

Sex of the Victim and Offender: A Changing Story?

Are Increased Rates of Female Arrests Warranted?

Same-Sex and Sexual Minority Couples

Race

Offender-Specific Variables in the Decision to Arrest

Criminal History

Offender Specific Variables in the Arrest Decision

Offender Behavior and Demeanor

LGBTQ

Variations Within Police Departments

Gender Differences

Officer Age and Arrest

Officer Race

Do Organizational Policies and Training Mediate the Impact of Mandatory and Presumptive Arrest Statutes?

Impact of Policies

Police Policies and Practices in Great Britain

The Importance of Both Formal and Informal Training

Current Training

Organizational Priorities

Dedicated Domestic Violence Units and Arrests

Current Use of Risk Assessment Instrument Tools Guiding Police Actions

Limitations of Risk Assessment

Do Community Characteristics Effect Police Responses

Police and Advocate Collaborations

Urban, Suburban, and Rural Variation

The Controversy Over Mandatory Arrest

Advantages for Victims

Societal Reasons Favoring Mandatory Arrest Practices

Controversies Regarding Mandatory Arrest

Have Increased Arrests Suppressed Domestic Violence?

The Costs and Unintended Consequences of Arrest

The “Widening Net” of Domestic Violence Arrest Practices

Unanticipated Costs of Arrest to the Victim

Is a Mandatory Arrest Policy Justified in the Context of Victim Needs?

Victim Preferences

The Increase in Dual Arrests

The Violent Family and Dual Arrests

Does Failure to Follow Victim Arrest Preferences Deter Future Reporting?

The Limitations of Police Arrests in Response to Stalking

Summary

Discussion Questions

Chapter 10 • Prosecuting Domestic Violence: The Journey From a Roadblock to a Change Agent?

Chapter Overview

Victims’ Reasons for Prosecution

Strength of Victim Motivations

Case Attrition by Victims

Prosecutor Reasons for Prosecution

Strength of Prosecutor Motivation

Organizational Factors That Affect Prosecution Decisions

Prosecutor Response to New Arrest Policies

The Changing Prosecutorial Response

No-Drop Policies

Genesis of “No Drop” Policies

“Vertical” Prosecution

Evidence-Based Prosecution

Child Protection Through Aggressive Prosecution Policies

Victims Charged With Child Endangerment

Victim Advocacy

Research on Victim Advocacy

Evidence of Effectiveness of Aggressive Prosecution Policies

Philosophical Issues With Aggressive Prosecution Policy

Further Critique of “Aggressive” Prosecution

Can “Aggressive” Policies Be Justified Based on Superior Results?

Does an “Aggressive Prosecution” Policy Disempower Victims?

The Likelihood of Conviction

Are There Effective Alternatives to “Aggressive Prosecution”?

Summary

Discussion Questions

Chapter 11 • The Judicial Response

Chapter Overview

Strengthening the Judicial Knowledge Base

Speed of Cases

The Judicial Role in Sentencing

Variability in Case Disposition

Why Does Such Variation Exist?

Are Different Domestic Violence Offenders and Victims Treated Consistently?

Consistency in Sentencing

Sentencing Patterns for Domestic Compared to Non–domestic Violence Offenders

Domestic Violence Courts: The Focus on Victim Needs and Offender Accountability

The Variety of Domestic Violence Courts

Types of Domestic Violence Courts

Is Any Organizational Model of a Domestic Violence Court Preferable?

The Goals of Domestic Violence Courts

What Factors Contribute to a Successful Domestic Violence Court?

Perceptions of Judicial Empathy and Fairness

Resource Availability Constrains Domestic Violence Courts

Do Domestic Violence Courts Operate as Intended?

Monitoring Batterer Compliance

Can Domestic Violence Courts Address Known Outcome Limitations?

Family Courts

Innovations in Idaho and New York State

Evaluations of the New York State Innovations

Kings County Felony Court

New York Misdemeanor Domestic Violence Court Reforms

Summary

Discussion Questions

Chapter 12 • Civil and Criminal Protection Orders

History of Civil Protection Order Law

Relief Available in Civil Protection Orders

Accessibility of Civil Protection Orders

The Failure of Enforcement

Effectiveness of Civil Protection Orders

Systemic Improvements of Civil Protection Orders

Overview of Civil Protection Orders

Firearms Protection Order Practice

Overview of Firearms Research

Firearms Federal and State Laws

Effectiveness of Firearms Protection Orders

Firearms Restrictions: The California Experience

Workplace Protection Orders

Research on Workplace Violence

Workplace Protection Order Policy, Law and Practice

Effectiveness of Workplace Protection Orders

Elder Abuse Protection Orders

Prevalence of Elder Abuse

Competing Perspectives on Elder Abuse

Elder Abuse in the Criminal Justice System

The Elder Justice Act of 2010

Protection Orders for Elder Intimate Partner/Domestic Violence Survivors

Effectiveness of Vulnerable Adult Protection Orders

Criminal Protection Orders

Summary

Discussion Questions

Part III • The Societal Response

Chapter 13 • Community-Based and Court-Sponsored Diversions

Chapter Overview

Restorative Justice Approaches

Mediation as a Form of Restorative Justice

Domestic Violence Mediation Programs

Advantages of Mediation

Does Mediation Actually Reduce Intimate Partner Violence?

Limits of Mediation

Can the Inherent Limitations of Mediation Be Addressed?

When and How Should Pretrial Mediation Occur?

Family Group Conferencing and Peacemaking Circles

Batterer Intervention Programs

Advantages of Batterer Intervention Programs

Program Characteristics

Do Batterer Intervention Programs Work?

Alternatives to the Duluth Model

Program Initiation and Duration

Program Content

Continued Involvement of the Judicial System

Program Completion as a Marker for Successful Outcomes

Should Batterer Intervention Programs Be Better Targeted?

Summary

Discussion Questions

Chapter 14 • Victim Services

Chapter Overview

Context of the Birth of the Movement

Battered Women’S Safe Homes and Shelters

Rights of Survivors in “Empowerment” Models of Domestic Violence Services and Advocacy

Principles of Practice for Advocacy in Domestic Violence Centers

Evaluation of Domestic Violence Services and Advocacy

Evaluation of Residential Domestic Violence Services

Evaluation of Non-Residential Domestic Violence Services

Evaluation of the “Empowerment Model” of Services and Advocacy

Civil Legal Advocacy

Criminal Defense of Battered Women

Web-Based Domestic Violence Assistance

Community-Based Domestic Violence Programs

National Domestic Violence Technical Assistance

State Domestic Violence Coalitions

Summary and Challenges for the Future

Discussion Questions

Chapter 15 • Intimate Partner Stalking: A Rapidly Evolving Problem

Chapter Overview

Stalking Defined

Overview of Stalking Research

Prevalence of Stalking

Who Is at Greatest Risk?

Context of Stalking

The Impact of Stalking

The Limitations of Police Arrests in Response to Stalking

Stalking Legistlation

Federal Stalking Law

State Anti-stalking and Cyberstalking Legislation

Initial Statutes

The Model Code Provisions and the Second Wave of Anti-Stalking Statutes

Recent Trends in Stalking Laws

The Most Significant Gaps in Anti-stalking Legislation Relate to Changing Technology

Effectiveness of Stalking Protection Orders

Discussion Questions

Chapter 16 • The Coercive Control of Children, and the Institutional Response: Contributed by Evan Stark

Chapter Overview

The Nicholson Case

How Many Children Are We Talking About: Two Approaches

Domestic Violence and Children’s General Well-Being

Child Abuse and Domestic Violence

Witnessing Domestic Violence

Modeling Domestic Violence

The Limits of the Research and Future Direction

Putting Exposure in Context

The Coercive Control of Children

Violence in the Context of Coercive Control

Sexual Abuse in the Context of Coercive Control

Witnessing as Punishment and Strategy in Coercive Control

Coercive Control and Psychological Abuse

Other Elements of Coercive Control of Children: Intimidation, Isolation, and Control

Intimidation

Isolation

Control

Diminished Capacity for Caretaking

Children’s Engagement

A Failure to Protect: The Coercive Control of Hedda Nussbaum

The Institutional Response

The Child Welfare System

Ms. Nicholson Vs. the City of New York

ACEs-Based Intervention as a Response to the Coercive Control of Children

Background

Summary

What Can Be Done?

Discussion Questions

Chapter 17 • Conclusion: Toward the Prevention and Control of Domestic Violence: Challenges and Opportunities

Domestic Violence and Societal Stress: The Coronavirus Example

Increased Use of Risk-Assessment Tools

Risk Assessment Factors and Intimate Partner Homicide

Risk Factors Identifying Recurrent Abuse

Can We More Effectively Help Stalking Victims?

Training

Stalking Risk Assessments

Proposed Statutory Changes: A Proposed Model Stalking Code

Have We Overcriminalized Domestic Violence?

Is There a Viable Alternative?

Placing a Focus on Victim Safety Rather Than Arrest

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