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Police Discretion and Family Disturbances - Some Historical and Contemporary Reflections (From Unhappy Families, P 121-129, 1985, Eli H Newberger and Richard Bourne, ed. - See NCJ-98986)

NCJ Number
98989
Author(s)
M Feldberg
Date Published
1985
Length
9 pages
Annotation
This paper describes and critiques four common patterns of police response to domestic disturbances when police discretion is permitted; it argues against State laws that require police to remove the victim from the home and arrest the assailant.
Abstract
When police are free to act at their own discretion in responding to domestic disturbance calls, their typical responses are avoidance, punishment, negotiation, and professional detachment. Avoidance involves trying to get another car to take the call, delaying response to the call, and leaving the scene immediately if the victim refuses to lodge a complaint. The punishment response consists of an officer assaulting the alleged offender to give him 'a taste of his own medicine' in an effort to deter future assaults. Neither of these two police responses is professionally acceptable. A third response, negotiation involves police in specialized training that that equips them to negotiate with the family to arrive at a consensus about how to address systemic family problems. This style will often include referring family members to social services. The disadvantage of this response is the amount of time involved in guiding the family toward constructive action. The fourth response, professional detachment, involves calming the parties, diverting their thoughts to positive aspects of their relationship, and then leaving without attempting an indepth approach to resolving their problems. Although this response does not promise to resolve family problems, it may be the most appropriate police response, given training and time limitations. Although some States have passed laws mandating removal of the victim from the home and the arrest of the alleged offender based upon probable cause that he assaulted the victim, this limitation in police discretion may prevent more creative responses to particular situations. A five-item bibiliography is provided.