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2001, Criminology
We wish to thank Steve Messner and Robin Shepard Engel for their comments on an earlier draft of this manuscript.
American Journal of Police, 1996
Traditionally, police officers have viewed domestic "disputes" as private, family matters. In the 1960s and 1970s, officers were trained not to arrest the perpetrators of domestic violence. Instead, officers were trained to defuse the situation. Some police agencies even developed domestic dispute teams that coupled police and social service workers to mediate these disputes (
Global Development Network Conference, …, 2008
Edinburgh Law Review, 2012
Executive Session, Institute for Innovation in Prosecution, 2019
American Sociological Review, 1984
The specific deterrence doctrine and labeling theory predict opposite effects of punishment on individual rates of deviance. The limited cross-sectional evidence available on the question is inconsistent, and experimental evidence has been lacking. The Police Foundation and the Minneapolis Police Department tested these hypotheses in a field experiment on domestic violence. Three police responses to simple assault were randomly assigned to legally eligible suspects: an arrest; "advice" (including, in some cases, informal mediation); and an order to the suspect to leave for eight hours. The behavior of the suspect was trackedfor six months after the police intervention, with both official data and victim reports. The official recidivism measures show that the arrested suspects manifested significantly less subsequent violence than those who were ordered to leave. The victim report data show that the arrested subjects manifested significantly less subsequent violence than those who were advised. The findings falsify a deviance amplification model of labeling theory beyond initial labeling, and fail to falsify the specific deterrence prediction for a group of offenders with a high percentage of prior histories of both domestic violence and other kinds of crime.
The battered women's movement in the United States contributed to a sweeping change in the recognition of men's violence against female intimate partners. Naming the problem and arguing in favor if its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper calls for criminological attention to family law responses to domestic violence and provides directions for future research.
Journal of Criminal Justice, 1997
Crime control thro11gh lmr enforcement is generally considered to be a two-part process of appre hending and incapacitating or rehabilitating the gLtilt y , and deterring the innocent f r om crime by the ihreat of punishment. The analysis presented here slwws that the protection of the innocent from harass ment-detention, arresr. p11nishment, and other inrrusions by the criminal justice system-is important in deterring crime. Spec(fically, the analysis shoH·s that deterrence from crime is weakened and then lost /or a rational indii·idual ,,·ho holds the majorit y arritude roward risk, if the levels of rightful punishment and -..,, 1-rongfLtl harassmem are increased, as in a war 011 crime, and the likelihoods of wrongful and right ful pLtnishment are reasonably close. The analysis is employed ro show how the perceived likelihood of harassment may be a comributing factor to the disproponionarely high representation of minoriry groups in the U.S. prison s y stem. © 1997 Elsevier Science Ltd 3 -· r _)
The battered women's movement in the United States contributed to a sweeping change in the recognition of men's violence against female intimate partners. Naming the problem and arguing in favour of its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper calls for criminological attention to family law responses to domestic violence and provides directions for future research.
Journal of Interpersonal Violence
This study investigated the social construction of domestic abuse by police officers, specifically in the context of arguments presented to the prosecutor for a decision on whether to proceed with or discontinue the case. Nineteen police files were examined with a particular focus on the MG3, the "Report to Crown Prosecutors for Charging Decision." Access to such sensitive material is usually denied to researchers; therefore, this study offers unusual insights into the treatment of victims and perpetrators of interpersonal violence by the police. Discourse analysis revealed three dominant speech genres: impartiality, credibility, and the "real" victim. These genres separately and in interaction served to construct domestic abuse cases in ways that did not support the victim's account. The "dialogic reverberations" of these findings are discussed and the implications of the work for research and practice are considered.
Partner Abuse, 2011
A major component of in the effort to reduce domestic violence in our communities has been a vigorous criminal justice response, one that holds perpetrators accountable for their actions and helps victims feel safe. In light of research finding higher rates of arrest per calls made to police and a corresponding decline in domestic violence crimes, mandatory arrest and pro-arrest laws were initially welcomed by advocates. When, however, it was apparent that these same laws led to a large number of dual arrests, and a proportionately greater increase in arrests of women compared to men, advocates started calling for primary aggressor or dominant aggressor laws. These laws, adopted in several states, including California, direct police officers to consider context and abuse history so that victims are not wrongfully arrested. A review of the relevant literature is conducted, as well as an examination of two law enforcement training programs, suggesting that primary aggressor and domina...
Journal of Criminal Justice, 1996
Though much has been written about the correlates associated with the police decision to arrest when responding to domestic incidents, the current literature is almost completely silent about the effect of offender's presence on disposition. Using police records from one large jurisdiction in South Florida, this research investigates differences between offenders who are present when police arrive and those who are absent in terms of offender, victim, and situational characteristics. Consistent with prior research, this study found that 48 percent of domestic violent offenders were absent when police arrived. Furthermore, offender's presence was found to be the most powerful predictor of an arrest outcome.
Contemporary Sociology: A Journal of Reviews, 2006
During the 1980s many state legislatures enacted laws to address domestic violence cases, including mandatory arrest and warrantless arrest in a misdemeanor domestic violence incident. The domestic violence arrest decision has been extensively examined, but this is not the final decision point for officers. This research examined police officers' decisions when listing criminal charges in domestic violence incidents. Using a vignette research design, data come from 267 police officers in a large department. Most police officers listed the criminal charge that would be expected based on the conditions described in the vignette. Specific factors increased the likelihood of misdemeanor and felony level criminal charges being listed.
Asian Journal of Criminology, 2012
Social Science Research, 2010
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Expert Evidence, 2000
Eds.) (2000). Behaviour, Crime and Legal Processes. Chichester: Wiley. This book contains an impressive set of 14 chapters, two by the editors themselves. It is written clearly and in an accessible way. Each chapter provides an excellent empirically-based review of the relevant literature and policy issues and is written by some of the best-known researchers in criminological and legal psychology in Britain. The list of contributors comprises largely forensic psychologists but, also, forensic psychiatrists, two lawyers, a clinical forensic psychiatric nurse, and a psychiatric social worker.
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