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Prosecution of Spouse Abuse - Innovations in Criminal Justice Response

NCJ Number
84621
Author(s)
L G Lerman
Date Published
1981
Length
209 pages
Annotation
Prosecutors nationwide have increased convictions in spouse abuse cases by altering charging and screening procedures to remove the responsibility from the abused woman. They have simultaneously increased the victims' cooperation by providing adequate protection and court preparation.
Abstract
The literature shows a trend away from mediation, crisis intervention, and similar informal procedures in spouse abuse cases toward use of formal criminal charges. Innovative programs bypass traditional obstacles to prosecution: societal attitudes toward the family; the tendency of victims to withdraw charges, whether from fear of retalitation or because of emotional ties to the abuser; and large prosecutorial caseloads, relegating abuse cases to a low priority. Prosecutors in Law Enforcement Assistance Administration (LEAA)-funded programs in Cleveland, Seattle, Westchester County, N.Y., Santa Barbara, Los Angeles, and Miami have experimented with procedures based on a firm policy that battering is a punishable crime. To reduce attrition, prosecutors must deny victims' requests for acquittal once charges are filed, signing complaints against the offender themselves if necessary. Thus, the victim is made a witness rather than a complainant. Advocates should instruct victims about the criminal justice process, attempt to reduce intimidation, and encourage victims to cooperate. Pretrial release of suspected batterers should be conditional on a no-contact order; post-charge diversion for first offenders should include immediate rehabilitative counseling. Police should not be required to secure an arrest warrant in domestic abuse cases but should be required to report all abuse cases to the prosecutor. Names and addresses of seven prosecution programs are appended, along with sample forms; approximately 50 citations are provided.

Grant Number(s)
90-CW-2189
79-IA-AX-0024
80-PG-AX-0073
Sponsoring Agency
National Institute of Justice (NIJ)
Address

999 N. Capitol St. NE, Washington, DC 20531, United States

US Dept of Health and Human Services
Address

370 L'Enfant Promenade, S.W., Washington, DC 20447, United States

US Dept of Justice NIJ Pub
Address

810 Seventh Street, NW, Washington, DC 20531, United States

Corporate Author
Ctr for Women Policy Studies
Address

2000 P Street, NW, Washington, DC 20036, United States

Sale Source
Ctr for Women Policy Studies
Address

2000 P Street, NW, Washington, DC 20036, United States

National Institute of Justice/
Address

Box 6000, Dept F, Rockville, MD 20849, United States

Language
English
Country
United States of America
Note
Price quoted is for prepaid orders.