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FAMILY VIOLENCE - A LOOK AT THE CRIMINAL JUSTICE SYSTEM (FROM DOMESTIC VIOLENCE, 1978 - SEE NCJ-57922)

NCJ Number
57928
Author(s)
J FLEMING
Date Published
1978
Length
11 pages
Annotation
APPROPRIATE POLICE INTERVENTION, FOLLOWUP BY PROSECUTORS, AND CREATIVE SENTENCING BY COURTS COULD DO MUCH TO HELP THE BATTERED WIFE AND CHANGE SOCIETY'S ATTITUDES TOWARD THE ACCEPTABILITY OF DOMESTIC VIOLENCE.
Abstract
TODAY MOST POLICE OFFICERS DREAD DOMESTIC DISTURBANCE CALLS. GUIDELINES FOR ARREST ARE UNCLEAR, THE BATTERED WIFE OFTEN TURNS ON THE OFFICER AS AN OUTLET FOR HER RAGE, AND THE POLICE DO NOT KNOW HOW MUCH SOCIAL WORK RESPONSIBILITY THEY HAVE. ONCE AN ARREST IS MADE PROSECUTORS OFTEN FAIL TO FOLLOW THROUGH AND COURTS OFTEN EITHER DISMISS CHARGES OR IMPOSE A LIGHT SENTENCE. YET IN 1975 A FOURTH OF ALL HOMICIDES OCCURRED WITHIN THE FAMILY AND HALF OF THESE WERE SPOUSE-SPOUSE KILLINGS, MOSTLY PRECEEDED BY AT LEAST ONE CALL TO THE POLICE. ACCORDING TO THE FBI, 22 PERCENT OF POLICE FATALITIES OCCUR WHILE INVESTIGATING DOMESTIC CALLS. MANY POLICE DEPARTMENTS ARE TRAINING OFFICERS TO HANDLE FAMILY VIOLENCE, SOME ARE USING TEAMS OF POLICE OFFICERS AND SOCIAL WORKERS, AND SOME ARE DRAWING UP ARREST GUIDELINES, BUT MORE RESEARCH AND WORK IS NEEDED ACROSS THE COUNTRY. PROSECUTORS SHOULD UNDERSTAND THAT A WOMAN WHO IS SEVERELY BEATEN FOR MISPLACING CIGARETTES IS AFRAID SHE WILL BE KILLED IF SHE PRESSES CHARGES. COURTS OFTEN RELEASE THE BATTERING HUSBAND ON HIS OWN RECOGNIZANCE OR PASS A LIGHT SENTENCE. SINCE INCARCERATION MAY DEPRIVE THE FAMILY OF INCOME, ALTERNATIVES NEED TO BE CONSIDERED: MANDATORY COUNSELING, WEEKEND SENTENCES, AND DIVERSIONARY SENTENCES WITH IMMEDIATE INCARCERATION IF THE HUSBAND VIOLATES PAROLE. FOR RELATED DOCUMENTS, SEE NCJ 57922-57927 AND NJC 57929-57941. (GLR)