NCJ Number
139130
Journal
Northern Illinois University Law Review Volume: 10 Issue: 2 Dated: (1990) Pages: 259-268
Date Published
1990
Length
10 pages
Annotation
A model policy, using Minnesota law and misdemeanor criminal procedures as its basis, was developed to institute procedures to handle domestic assault cases in a way that benefits the court system, the victims, and the defendant.
Abstract
The policy was devised to ensure that the court process effectively intervene in the cycle of violence, to emphasize the seriousness of domestic assault as a crime, to develop some kind of consistency in the handling of these cases by the court system, and to ensure that every convicted defendant spend some time in jail. This policy does not allow, in most cases, domestic assault defendants to be released prior to arraignment. The primary factor in determining release at the time of arraignment should be protection of the victim. It should be the courts' general practice to issue a no-contact order as a condition of release in all domestic assault cases. Preliminary conferences should be held within 2 weeks of arraignment; charges will not be dropped only because the victim is reluctant to testify. If victims are subpoenaed but refuse to testify, the judge shall order the victim to testify. The policy states that the maximum sentence should be imposed with all pleas or findings of guilt; some actual time to be served in jail will be ordered.