NCJ Number
47555
Journal
FBI Law Enforcement Bulletin Volume: 47 Issue: 5 Dated: (MAY 1978) Pages: 4-9
Date Published
1978
Length
6 pages
Annotation
THE INCIDENCE OF WIFE ABUSE IS EXAMINED, TOGETHER WITH THE TYPICAL ARREST-AVOIDANCE RESPONSE OF POLICE. IT IS PROPOSED THAT POLICE INTERVENTION BE BASED ON A CRIMINAL LAW ENFORCEMENT APPROACH.
Abstract
WIFE-BEATING IS PROBABLY BOTH ONE OF THE MOST COMMON FORMS OF VIOLENT CRIME AND ALSO THE MOST UNDERREPORTED. MOST ESTIMATES SHOW THAT 50 PERCENT OF ALL AMERICAN COUPLES ENGAGE IN SOME FORM OF PHYSICAL ABUSE. BOTH RESEARCH FIELD STUDIES AND ACTUAL EVENTS INDICATE A GREAT UNWILLINGNESS ON THE PART OF THE PUBLIC TO INTERVENE IN VIOLENCE BETWEEN A MAN AND A WOMAN. THIS SAME UNWILLINGNESS TO INTERVENE CAN BE SEEN IN THE TYPICAL POLICE RESPONSE TO WIFE-ABUSE. ALTHOUGH WIFE-BATTERING IS A CRIMINAL OFFENSE AS WELL AS A CIVIL OFFENSE, STANDARD POLICE POLICY IS TO AVOID ARREST. FOR INSTANCE, TRAINING MATERIALS FOR POLICE IN MICHIGAN AND CONNECTICUT EXPRESSLY STATE THAT THE OFFICER MAKE AN ARREST ONLY AS A LAST RESORT AND THAT ALL EFFORTS BE MADE TO DISSUADE FILING OF A FORMAL COMPLAINT. IT IS SUGGESTED THAT THIS POLICY NEEDS TO BE REVERSED. FURTHER, POLICE ARE INADEQUATELY PREPARED TO PERFORM FAMILY CRISIS INTERVENTION SERVICES; IT WOULD MAKE GREATER SENSE FOR POLICE TO CONCENTRATE ON THE CRIMINAL ASPECTS OF WIFE-ABUSE CASES AND LEAVE COUNSELING AND OTHER SOCIOPSYCHOLOGICAL FUNCTIONS TO THE APPROPRIATE SERVICE AGENCIES. WHILE IT MIGHT BE HELPFUL FOR OFFICERS TO BE ABLE TO SUPPLY VICTIMS WITH INFORMATION ON AVAILABLE MEDICAL AND SOCIAL/MENTAL HEALTH SERVICES, THEIR FIRST DUTY SHOULD BE PROTECTING THE CITIZENS AND ENFORCING THE LAW. IT IS ARGUED THAT ASSAULT ARRESTS IN WIFE-BATTERY CASES WOULD RESULT IN EXCESSIVE PAPERWORK AND WOULD NOT BE PRODUCTIVE BECAUSE MOST VICTIMS LATER DROP CHARGES OR REFUSE TO TESTIFY: THIS SUGGESTS THAT SUCH PROCEDURES MAY BE IN NEED OF REVISION TO INCREASE EFFICIENCY AND THAT THE LAW ENFORCEMENT SYSTEM ITSELF MAY BE PLACING OBSTACLES IN THE WAY OF WOMEN WISHING TO PROSECUTE. MOREOVER, SUCH ARGUMENTS FAIL TO PROVIDE A LEGITIMATE RATIONALE FOR NONENFORCEMENT OF LAW. FOR LAW ENFORCEMENT OFFICIALS TO MERELY ASSUME THAT A WOMAN IS NOT SERIOUS IN SEEKING A REMEDY FOR ABUSE PRESENTS A FLAGRANT VIOLATION OF THE WOMEN'S RIGHTS. THIS IS NOT TO SAY THAT SIGNIFICANT SOCIAL AND PSYCHOLOGICAL PRESSURES DO NOT RESULT IN A WOMAN'S DECISION TO REMAIN WITH A BATTERING MATE. CHANGING DEEPLY HELD ATTITUDES ON THE PART OF LAW ENFORCEMENT AGENCIES AND PERSONNEL, THE PUBLIC, AND WOMEN MAY BE REQUIRED BEFORE THE NEEDS OF VICTIMS OF FAMILY VIOLENCE MAY BE ADEQUATELY MET. NONETHELESS, THE POLICE OFFICER'S PRIMARY RESPONSIBILITY MUST BE TO ENFORCE THE LAW. THE ADDITION OF WIFE-BATTERING TO THE UNIFORM CRIME REPORTING SYSTEM IS ALSO RECOMMENDED. (JAP)