This document discusses various strategies prosecutors use to address domestic violence cases more effectively when the victim may be unwilling or unable to cooperate. It describes approaches such as victim witness programs, no-drop policies, diversion programs, vertical prosecution, and evidence-based prosecution. It also discusses the importance of prosecutor training, challenges with abuser treatment programs, and issues around determining whether an abuser has actually changed. The overall goal of these strategies is to improve justice for victims and hold abusers accountable while recognizing the complex dynamics of domestic violence cases.

1. Prosecutor Response to Domestic ViolenceLearning Unit 5A mini content lecture designed as a supplemental learning resource for CRJ 461 by Bonnie Black.

2. Represents the interest of the state or peopleResponsibility to ensure justice is servedIs not the victim’s attorney despite beliefs to the contrary2What is the Role of the Prosecutor?

3. Traditional Treatment of Victims in Criminal Justice SystemWould you wantto cooperate?Insensitive QuestioningVictim’s Fault- BlamingCan’t Find Out What is HappeningProperty kept for Long Time As EvidenceTime Wasted At CourtIndifference to Fears About CooperatingAnxiety About Testifying/QuestioningVictim’s Needs Secondary to Conviction3

4. Injustices by ProsecutorsConviction FocusedCommon use of plea bargaining to dispose of high volume of casesPolitically motivatedget votesappease the publicLittle victim sensitivityThey are a means to an end result - conviction4

5. Victim Costs Associated with Participating in Criminal Justice SystemAnxiety - FearLack of InformationDelays/ContinuancesTime From Work/Reduced IncomeTransportation ProblemsBabysitting Issues and costsIntimidationFrustrationAbuse5

6. Remedying the Plight Prosecutor Strategies to Address Domestic Violence More Effectively

7. REMEDY: Victim Witness ProgramsGOAL“Minimize witness discontent…in order to retain testimonial value”Witness Management7

8. Victim Witness ProgramsBegan in 1975 Emergence of Victim Advocates Located in Police and Prosecutors Office8

9. Responsibilities of Victim AdvocateExplain the importance of cooperation Inform of rightsFurnish information Provide orientation to court processTips on recall and testifying9

10. Support and assistanceReduces fear of unknown: educated about how the system works and role of the playersReduces anxiety about participationLearns about community resourcesDirect contact in system is available to them to answer questions Benefits to Victim10

11. Problems with Victim Witness ProgramsNOT victim oriented; focuses on insult to society not insult to victim.Based on what officials think victim needs NOT on victim wants.Limited to those who report AND suspect is apprehended.Based on needs of prosecutor NOT victim.11

12. Are victim witness programs simply a self-serving way to get a conviction on the case?What are the disadvantages to the victim?Think About It!12

13. Also called “Victimless” or “Evidence-Based” ProsecutionVictims desire to drop charges or unwillingness to cooperate is not a reason to dismiss the charges.Prosecution is based on evidenceReliance on police officers preserving and gathering evidence at the sceneMost D.V. cases do not go to trialplea bargaineddiversion REMEDY: No Drop Policies13

14. Offender agrees to terms and treatmentUsually designed for first offendersJust because a D.V. offender hasn’t been arrested, doesn’t mean there is not a long pattern of abuseIf successful, charges are dismissed.No convictionCommon in lower courts; misdemeanor casesAre different depending on jurisdiction and state.REMEDY: Diversion14

15. Example: City of Phoenix Diversion “What is diversion?Diversion is offered to offenders who meet a specific criteria. Those who are eligible will have the option of completing a counseling program designed to prevent the defendant from committing this type of crime in the future. Upon successful completion of the program, the charges will be dismissed. Upon request of the victim, the views of the victim shall be considered in determining diversion eligibility.Who qualifies for diversion?The prosecutor determines at the time of prosecution whether a defendant is eligible to attend diversion. Factors that may influence the decision include:Whether this is the first time charges are brought. Whether a previous case has been dismissed through diversion. Whether the victim is under the age of 15. The severity of the offense. You may learn additional information about diversion by speaking with a victim advocate at 602-261-8192.”Source: City of Phoenix , Frequently Asked Questions; http://phoenix.gov/VICTIMS/faqs.html15

16. “What happens if the defendant fails to complete diversion?If the defendant fails to complete diversion, the court will find the defendant guilty. The judge will then impose the sentence that was agreed to on the diversion plea agreement.”City of Phoenix Example Cont.Source: City of Phoenix , Frequently Asked Questions; http://phoenix.gov/VICTIMS/faqs.html16

17. Vertical ProsecutionD. V. cases are handled by the same prosecutorial team or prosecutor from time of complaint to disposition.Victims don’t get shuffled aroundPromotes cooperationSpecialized Prosecution UnitsCreates level of expertiseCases don’t fall through cracksREMEDY: Team Approaches17

18. Has been referred to as “victimless prosecution.”Assumes domestic violence victim won’t cooperate so focus is on the evidence in case.Police role in collection and documentation of evidence is key. Based on the assumption victim recantation (change his/her story) will occur.REMEDY: Evidence Based Prosecution18

19. Tape recording victim statement or having them write it down at scene.Statements of children who may have been present.Photos of injuries and property damage.Third party statements from witnesses or neighbors who may have heard something.Medical records.Audio of 911 call.Examples of Evidence in D. V. Cases19

20. Allows for spontaneous and excited statements to be admitted “even if the party who said them is not present.”

21. Comes from:

22. Startling event

23. Stress from excitement of event

24. To apply, statement made while event was occurring or close thereafter“Excited Utterance” Use in D.V. CasesWhat is it?Exception to hearsay rule that prohibits statements from a “second party repeating what the first party said.”Quote Source: “The Criminal Justice Response to Criminal Justice” by Andrew Klein, Thomson Wadsworth, 2004.20

25. REMEDY: Prosecutor Training on D.V.Recognition that training needed to be collaborative and involve police, prosecutors, judges, probation officers, victim advocates, etc.Important: Emphasis on a system wide approach to D.V. not just an agency approachFunded by Violence Against Women ActFocus on prosecution policies to create consistency in D.V. decisions21

26. Abuser Treatment: A Requirement of DiversionThink About It!Can abusers change?22

27. Can It Place The Victim At Risk?Abuser treatment and research is in its infancy.Popular option for prosecution and courts.Certification and monitoring of programs remains lax.One treatment fits all. Quick fix to long term problem. 23

28. Inappropriate Abuser TreatmentCouplesCounselingAngerManagementPrograms12STEPSupport/Self-HelpGroupsPROGRAM24

29. Indicators Of Offender ChangeSincerely feels distress and remorse about behavior.Accepts responsibility—”Owns” problem.Wants to change behavior and demonstrates it.Recognizes criminality and consequences.All forms of abuse cease.25

30. Indicators of Change Cont.Is “involved” in treatment---counselor and victim recognize change.Acknowledges abuse is intentional and used to control partner.Accepts change as lifetime commitment not temporary fix.26