arresting victims - Battered Women`s Justice Project

Transcription

6/17/2016
Thank you for joining us today!
Arresting Victims: The Unintended
Consequences of Pro Arrest Policies
for Women and Girls
June 20, 2016
2:00-3:30pm CDT
Presenter: Shabnam Javdani, Assistant Professor of Applied
Psychology, NYU Steinhardt
Funding for this project was made available through the US Department of Health and Human Services,
Grant #90EV0416. The viewpoints contained in this document are solely the responsibility of the author(s)
and do not represent the official views or policies of the department and do not in any way constitute an
endorsement by the Department of Health and Human Services.
Arresting Victims: The Unintended Consequences of Pro
Arrest Policies for Women and Girls
The materials are available on our website: http://www.bwjp.org/our-trainingand-services/webinar-unintended-consequences-pro-arrest-policies.html
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ARRESTING VICTIMS:
THE UNINTENDED
CONSEQUENCES OF PRO ARREST
POLICIES FOR WOMEN AND GIRLS
Battered Women’s Justice Project
Webinar
June 20, 2016
Shabnam Javdani, PhD
New York University
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My background
My background
• Evaluation of
Coordinated
Community
Response
Efforts in the
State of Illinois
(Allen et al.,
2012)
My background
• Evaluation of
Coordinated
Community
Response
Efforts in the
State of Illinois
(Allen et al.,
2012)
• Study of
women’s use of
violence
nationally and
in New York
City
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My background
• Evaluation of
Coordinated
Community
Response
Efforts in the
State of Illinois
(Allen et al.,
2012)
• Study of
women’s use of
violence
nationally and
in New York
City
• Development
of treatment
programs for
adolescent
boys and girls
with histories of
violence
Today’s Presentation
• Data on Pro Arrest and Related Policies
• Unintended Consequences of Arrest
National, State and Local Data
• Empirically Supported Recommendations for Practice &
Policy
Research References
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Busch, A. L., & Rosenberg, M. S. (2004). Comparing women and men arrested for domestic violence: A preliminary report. Journal of family
violence, 19(1), 49-57.
Dasgupta, S. D. (2000). Just like men? A critical view of violence by women. SAGE SERIES ON VIOLENCE AGAINST WOMEN, 12, 195-222.
Finn, M. A., & Bettis, P. (2006). Punitive Action or Gentle Persuasion Exploring Police Officers’ Justifications for Using Dual Arrest in Domestic Violence
Cases. Violence Against Women, 12(3), 268-287.
Frye, V., Haviland, M., & Rajah, V. (2007). Dual arrest and other unintended consequences of mandatory arrest in New York City: A brief report. Journal
of Family Violence, 22, 397-405.
Hirschel, D., & Buzawa, E. (2002). Understanding the context of dual arrest with directions for future research. Violence Against Women, 8(12), 14491473.
Hirschel, D., Buzawa, E., Pattavina, A., & Faggiani, D. (2007). Domestic violence and mandatory arrest laws: To what extent do they influence police
arrest decisions?. The Journal of Criminal Law and Criminology, 255-298.
Hamberger, K. L., & Guse, C. E. (2002). Men’s and women’s use of intimate partner violence in clinical samples. Violence Against Women, 8, 13051335.
Hamberger, L. K. (1997). Female offenders in domestic violence: A look at actions in their context. Journal of Aggression, Maltreatment & Trauma, 1(1),
117-129.
Hamberger, L. K., & Potente, T. (1994). Counseling heterosexual women arrested for domestic violence: Implications for theory and practice. Violence
and Victims, 9, 125-137.
Henning, K., Renauer, B., & Holdford, R. (2006). Victim or offender? Heterogeneity among women arrested for intimate partner violence. Journal of
Family Violence, 21(6), 351-368.
Holland-David, L., & Davis, J. (2014). Victim arrest in intimate partner violence incidents: A multilevel test of Black’s theory of law. The Jounral of Public
and Professional Sociology, 6(1), 1-22.
Lyon, A. D. (1999). Be careful what you wish for: An examination of arrest and prosecution patterns of domestic violence in two cities in Michigan.
Michigan Journal of Gender and Law, 5, 253-274.
Martin, M. E. (1997). Double your trouble: Dual arrest in family violence. Journal of Family violence, 12(2), 139-157.
Malloy, K. A., McCLoskey, K. A., Grigsby, N., & Gardner, D. (2003). Women's use of violence within intimate relationships. Journal of Aggression,
Maltreatment & Trauma, 6(2), 37-59.
Miller, S. L., & Meloy, M. L. (2006). Women's Use of Force Voices of Women Arrested for Domestic Violence. Violence Against Women, 12(1), 89-115.
Miller, S. L. (2001). The paradox of women arrested for domestic violence: Criminal justice professionals and service providers respond. Violence
Against Women, 7(12), 1339-1376.
National Clearinghouse for the Defense of Battered Women. (2001). The impact of arrests and convictions on battered women. Unpublished manuscript.
Philadelphia: Author.
O'Dell, A. (2007). Why do police arrest victims of domestic violence? The need for comprehensive training and investigative protocols. Journal of
Aggression, Maltreatment & Trauma, 15(3-4), 53-73.
Osthoff, S. (2002). But Gertrude, I beg to differ, a hit is not a hit is not a hit: When battered women are arrested for assaulting their partners. Violence
Against Women, 8, 1521-1544.
Rajah, V., Frye, V., & Haviland, M. (2006). “Aren’t I a Victim?” Notes on Identity Challenges Relating to Police Action in a Mandatory Arrest
Jurisdiction.Violence Against Women, 12(10), 897-916.
Rajan, M., & McCloskey, K. A. (2007). Victims of intimate partner violence: Arrest rates across recent studies. Journal of Aggression, Maltreatment &
Trauma, 15(3-4), 27-52.
Saunders, D. G. (1995). The tendency to arrest victims of domestic violence. Journal of Interpersonal Violence, 2(10), 147-158.
Saunders, D. G. (1986). When battered women use violence: Husband-abuse or self-defense?. Violence and Victims, 1(1), 47-60.
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CONTEXT OF PRO
ARREST
Pro Arrest
• Promising findings
• Can enhance safety
• Promotes accountability
• Standardizes response to violence
• Particularly effective when
• Collaboration is present
• Through community coordinating councils
• Case example from effective implementation
• Coordinated Community Response in State of Illinois
• Examination of Orders of Protection and Arrest Records (Allen et
al., 2012)
Pro Arrest
• Distinct from and related to:
Mandatory Arrest
Dual Arrest
“Must Arrest”
Arrest of >= 2 parties
Increase Accountability / Promote Safety
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Pro /Mandatory/ Dual Arrest
• National trends suggest that these policy and practice
changes are affecting arrest rates for domestic violence
~30%
~7%
1970s
2010’s
UNINTENDED
CONSEQUENCES
National, State, and Local Trends and Data
Pro/Mandatory Arrest
• Increased emphasis on mandatory arrest
• Accompanied by
• Increased arrest of women
• Increased incarceration of women
• For assault and aggravated assault
• Focus of this presentation on arrest:
• Of Women
• In heterosexual relationships
• For Domestic violence
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1
Pro/Mandat
ory/Dual
Arrest
practices
affect
victims
more
Disproportionate Impact on Women
• Estimated that 2/3 are victims of battering (Hamberger, 1997)
• Women who are victims are actually being effected
MORE as a result of these policy and practice shifts –
compared to men and non victims
• Study of 25 states
• Study of 6,000+ DV cases over 5 year period
• Study of one State over 13 years
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• Women’s arrests have increased by 35%
• Only 1 to 7% of these arrests are for women who are
primary aggressors
primary aggressors
A 12-fold Increase in women’s arrest occurs 7 months
after mandatory arrest
primary aggressors
A 12-fold Increase in women’s arrest occurs 7 months
after mandatory arrest
• Women are more likely to be charged with aggravated
versus simple assault
• Women are less likely to receive leniency at sentencing
stage
• Women are more likely to take harsher pleas
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Women and Dual Arrest
• In 1997, about 30% DV arrests were dual arrest
• In 2002, about 60% DV arrests were dual arrest
• Over 40% of women dual arrested immediately report
victimization history by the same partner.
• Over 90% of women arrested for DV eventually disclose
victimization history
Nature of Women’s Violence
• Direct self defense
• Retaliation for previous abuse
• Violence is reactive or protective (Miller, 2001)
• Mutual violence is rare
• Men are 8x more likely to be primary aggressor
Women’s motivations
Women engage in violence for different reasons, and in
different ways
• Ending their own abuse
• Standing up for themselves
• Get partners to pay attention
• Get partners to take responsibility
• Make partners pay for their behaviors
• Hurt partner for threatening family
• To appear tough to prevent future abuse
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2
Arresting
women and
girls have
particularly
damaging
social and
health
related
consequences
Social and Health Consequences
• Consequences of arrest
• Loss of employment
• Loss of public benefits (e.g., housing)
• Immigration complications
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• Reverberating legal consequences
• Women are more likely to become chronic users of the criminal
justice system
• Reverberating legal consequences
• Women are more likely to become chronic users of the criminal
justice system
• Women involved in the criminal justice system
• Increased mortality
• Increased infant death
• Increased HIV/AIDS
Children
• Women and girls are overwhelmingly the primary
caretakers to children under the age of 18
• Retraumatization
• Loss of child custody (including to batterers)
• Cycle of violence
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Community
• Removing women’s access has negative ripple effects for
community
• Loss of access to important informal social networks and
relationships
• This in turn is related to greater neighborhood
disorganization
• Fewer women in the community influences lower overall
community educational attainment
3
We are arresting
women at higher
rates even
though data
suggest that
women are not
becoming more
violent AND have
better outcomes
if provided
alternatives to
arrest
Arrest does not match behavior
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• Women are being
increasingly arrested,
even though they are
not engaging in greater
frequency or severity
of violence
• Women are being
of violence
• While arrest of victims
can decrease short
term DV, it is
associated with greater
violence in the long run
• Women are being
of violence
• While arrest of victims
can decrease short
term DV, it is
associated with greater
violence in the long run
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• Women’s participation in the labor force has been steadily
increasing
Women are more likely to succeed in
Treatment
• Data show that women are disproportionately more likely
to succeed in alternative to arrest type programming
Women are more likely to succeed in
Treatment
• Data show that women are disproportionately more likely
to succeed in alternative to arrest type programming
Case Study – Kenosha
• All women who could have been arrested for violence
were instead sent to treatment
• Main focuses of treatment
• Advocacy and safety planning
• Connection to resources
• Substance abuse resources
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4
There is bias
in arrest
trends.
Women with
chronic
victimization
histories and
lower income
are more
likely to be
arrested
Arrest Bias
• More likely to arrest:
• Victims who contradict female stereotypes (Javdani et al,
2011)
• Racial minority women
• Younger women
• More vocal women/argumentative
• Victims who use substances
• Women with chronic victimization history
Arrest Bias
• Manipulation of system
Case example: Delaware
• Challenging woman’s right to trial
• Claiming danger to children
• Self inflicting wounds
• Calling 911 first
• Being calm once police arrive
• Using prior arrest history to instill fear
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PRACTICE AND POLICY
RECOMMENDATIONS
Best Practices
• Recommendations for leveraging an effective response
“Zooming In”
Community Context
Referrals,
Helplines,
Coordination
Post Incident
Mental
Health/Social Work
Prevention
Childcare and
Advocacy
Law Enforcement
Legal Advocacy
Prosecutor Training
* Coordinated
Community Response
Public Defender
Coordination
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Community Context
Referrals,
Helplines,
Coordination
Post Incident
Mental
Health/Social Work
Prevention
Childcare and
Advocacy
Law Enforcement
Legal Advocacy
Prosecutor Training
* Coordinated
Community Response
Public Defender
Coordination
Prevention
Prevention
• Intervene in the lives of children
• Access to education and healthcare
• Teach boys not to suppress their emotions
• Give girls alternatives to succeeding
• Access to sex education
• WRAPAROUND services for youth
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Prevention
• Intervene in the lives of children
• Access to education and healthcare
• Teach boys not to suppress their emotions
• Give girls alternatives to succeeding
• Access to sex education
• WRAPAROUND services for youth
• Intervention with JJ involved girls – access to resources
• Example of ROSES Advocacy (Javdani & Allen, 2014)
• Intervention with JJ involved boys – hypermasculinity
• Example of Sociopolitical Development (Watts et al., 2009)
Community Context
Referrals,
Helplines,
Coordination
Post Incident
Mental
Health/Social Work
Prevention
Childcare and
Advocacy
Law Enforcement
Legal Advocacy
Prosecutor Training
* Coordinated
Community Response
Public Defender
Coordination
Law Enforcement Training
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• Present data on women’s and men's’ violence
• Women’s violence is motivated for different reasons
• Causes less injury
• Enhance knowledge of why women “stay”
• Present data on the impact of women’s arrest on children
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• Present data on the impact of women’s arrest on children
• Enhance knowledge on problematic trends
• If police have visited before, they are more likely to arrest woman
• If police know about victimization history, they are less likely to
arrest woman
Suggestions for officer training
Veteran Officers Suggest
• Role play to increase time spent talking with women when
arrive at the scene
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arrive at the scene
• Talk to women
• Study of officers showed that the more they are comfortable talking
with victims, the less likely they were to make a dual arrest
arrive at the scene
• Talk to women
• Consider requiring arresting officer to justify probable
cause independently and in separate reports
arrive at the scene
• Talk to women
• Consider requiring arresting officer to justify probable
cause independently and in separate reports
• Avoid asking yes/no questions – ask for description of
who initiated pattern of violence
• Studies show that women over endorse questions about their own
specific violent acts (Leherner)
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Community Context
Referrals,
Helplines,
Coordination
Post Incident
Mental
Health/Social Work
Prevention
Childcare and
Advocacy
Law Enforcement
Legal Advocacy
Prosecutor Training
* Coordinated
Community Response
Public Defender
Coordination
At the Scene
• Office Discretion Matters
• Talk to women away from partners
• Debunk common myths
• It does not matter who called first
• Holding a potential weapon does not justify arrest (women are
more likely to do this) OR betray one as primary aggressor
• Tone is unrelated to threat
• Offer alternatives to arrest (formal and informal)
• Offer referrals
• Provide specific contact information
• Opt for no formal system disposition
Avoid
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Avoid
• Talking to women in front of partners (less likely to describe
victimization history)
• Making the “whoever strikes first” error
• Making inferences because of emotional state
• Women more likely to feel fear, powerlessness, and shame, so they
are less “in control” of their tone.
Avoid
• Talking to women in front of partners (less likely to describe
victimization history)
• Making the “whoever strikes first” error
• Making inferences because of emotional state
• Women more likely to feel fear, powerlessness, and shame, so they
are less “in control” of their tone.
• Sole arrest of woman (~25%)
• Failure to make arrest when one is warranted
• Adding extra charges (e.g., resisting)
• Resisting arrest can be trauma response
• Basing arrest on initial and visible injury
• DUAL ARREST
• These are most likely to be dropped at prosecution stage
Case Studies
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Case Studies
• San Diego Deputy Attorney
• 2007 review of cases by 20 year veteran police officers
• Self defensive red flags to look for
• Scratches on men
• Bite marks on men
• Being choked by male partners hands
• Women carrying a weapon in their hands
• Children are often witnesses
• Underscores importance of having a trained child interviewer
Case Studies
• San Diego Deputy Attorney
• 2007 review of cases by 20 year veteran police officers
• Self defensive red flags to look for
• Scratches on men
• Bite marks on men
• Being choked by male partners hands
• Women carrying a weapon in their hands
• Children are often witnesses
• Underscores importance of having a trained child interviewer
• New York City Family Violence Project
• Legal Advocacy Victim Helpline staffed with volunteers
• *99.5% callers are women
Post-Arrest
• Advocacy
• Childcare
• Treatment
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Community Context
Referrals,
Helplines,
Coordination
Post Incident
Mental
Health/Social Work
Prevention
Childcare and
Advocacy
Law Enforcement
Legal Advocacy
Prosecutor Training
* Coordinated
Community Response
Public Defender
Coordination
Prosecutor Collaboration
• Greater discretion can be influenced by key collaborations
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• Collaborate with public defenders office
• Understand context of women’s violence
• Collaborate with advocates
• Encourage review team prior to trial
• Patterns not single acts
• Understand women’s court-related behaviors
• Women more likely to take responsibility and admit actions are
illegal; men more likely to deny actions as illegal.
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• Understand biases in sentencing
• Women who do not conform to gender stereotypes are more likely
to receive severe sentences
• Understand biases in sentencing
• Women who do not conform to gender stereotypes are more likely
to receive severe sentences
• Do not encourage pleas
Legal Advocacy
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Legal Advocacy
• Assist with referrals and follow up
Legal Advocacy
• Request pre-trial review team
Legal Advocacy
• Attend court and probation meetings
• This is where women are recharged for technical violations even if
they do not engage in any further violence
• Ensure understanding of legal mandates
• Give complete explanation of choices to battered women at each
stage of the legal process
• Emphasize long-term consequences
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Legal Advocacy
• Attend court and probation meetings
• This is where women are recharged for technical violations even if
they do not engage in any further violence
• Ensure understanding of legal mandates
• Give complete explanation of choices to battered women at each
stage of the legal process
• Emphasize long-term consequences
• Forge relationships with providers of female offender
programs
• Ensure women understand how to comply
Community Context
Referrals,
Helplines,
Coordination
Post Incident
Mental
Health/Social Work
Prevention
Childcare and
Advocacy
Law Enforcement
Legal Advocacy
Prosecutor Training
* Coordinated
Community Response
Public Defender
Coordination
Mental Health/Social Work
• Provide letters for court underscoring the potential harmful
effects of arrest or incarceration given women’s
• Histories of sexual, physical, emotional victimization
• Trauma response/triggering
• Provide skills training in frustration tolerance/ how to
report violence
• Provide on-scene interviewing of child witnesses
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Role of Children
• Over 2/3 of women arrested for domestic violence are
primary caregivers to children
• Women without childcare will inevitably incur new charges
• National data show that women do whatever it takes to
get home quickly
• Make statements of admission
• Participate in early hearings without defense counsel
• Take harsher pleas
General Recommendations
• Recommendations for creating a context for
institutionalized change
“Zooming Out”
Policy & Practice Recommendations
• Current policies are disproportionately affecting women
and victims (Javdani et al., 2011)
• Employ full range of police and legal options (Hirschel &
Buzawa, 2002)
• Examine context of violence
• Understand women’s motivations
• Ending abuse (Dasgupta, 2000)
• Women less likely to call police (Hamberger & Guse, 2002)
• Distinguish battering from assault (Osthoff, 2002)
• Pattern based versus act based investigation
• Defer to informal options for women
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Policy & Practice Recommendations
• Reduce frequency of dual arrests
• Training in the context of collaboration
• Debunking DV myths
• Exposing assumptions about women who use violence
• Data on consequences of arrest for women
• Data on female criminals reduced recidivism following treatment –
women have violence limited trajectories
• These strategies have worked in other communities
(Hamberger, & Potente, 1994).
Community Context
Referrals,
Helplines,
Coordination
Post Incident
Mental
Health/Social Work
Prevention
Childcare and
Advocacy
Law Enforcement
Legal Advocacy
Prosecutor Training
* Coordinated
Community Response
Community Context
Referrals,
Helplines,
Coordination
Public Defender
Coordination
Post Incident
Mental
Health/Social Work
Prevention
Childcare and
Advocacy
Law Enforcement
Legal Advocacy
Prosecutor Training
EVALUATE!
Public Defender
Coordination
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Evaluation Matters
Evaluation Matters
Process
Evaluation Matters
Process
1. Set up Post-Arrest Helpline and Obtain Feedback
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Evaluation Matters
Process
2. Evaluate Perceptions
• Law Enforcement and Prosecutors
• Survivors
• Pre and Post Training / Collaboration (pubic defenders, advocates)
Evaluation Matters
Process
• Survivors
3. Referrals used by women that were received on scene
Evaluation Matters
Process
• Survivors
4. Incident reports written separately for men and women
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Evaluation Matters
Process
• Survivors
5. Attendance of advocates in court with victims
Evaluation Matters
Process
• Survivors
6. Submission of mental health evaluations to court
Evaluation Matters
Process
• Survivors
6. Submission of mental health evaluations to court
7. Social networks of key stakeholders
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Evaluation Matters
Outcome
Evaluation Matters
Outcome
1. Monitor Dual Arrest Rate
• What is the rate at which Dual Arrests result in prosecution?
Evaluation Matters
Outcome
2. Arrest Rate of Women as Outcome of CCR
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Evaluation Matters
Outcome
2. Arrest Rate of Women as Outcome of CCR
3. Pilot and Evaluate Community Based Alternative
• Do victims in these programs show reduction in violent recidivism?
• Are children more likely to stay in custody of primary caregiver?
Concluding Thoughts
• What do we mean by victim?
• Violence that threatens physical integrity, with emphasis on harm
that takes away rights and choice in a way that is sustained
• Law is for the safety of communities
• Most victims are women
• Arresting victims does not make communities safer in the long term
• Most of the violence by women is isolated, deeply
contextual
• Current policies and practices may harm victims
• Women are being arrest more and more, for less severe
violence, even though their behaviors are not increasingly
violent
• Arresting women has different consequences
Concluding Thoughts
• What do we mean by victim?
• Violence that threatens physical integrity, with emphasis on harm
that takes away rights and choice in a way that is sustained
• Law is for the safety of communities
• Most victims are women
• Arresting victims does not make communities safer in the long term
• Most of the violence by women is isolated, deeply
contextual
• Current policies and practices may harm victims
• Women are being arrest more and more, for less severe
violence, even though their behaviors are not increasingly
violent
“Gendered Neutrality” under the law may become
• Arresting women has different consequences
“Gendered Injustice”
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Thank you
• RISE Research Team @ NYU
• https://wp.nyu.edu/steinhardt-corelab/
• @DrJavdani
• [email protected]
36

arresting victims - Battered Women`s Justice Project

Transcription

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