Advocates and Victim/Witness Specialists

Differing Roles to Achieve Common Goals

Stephanie Avalon

This article compares two major groups of victim service providers working in the court system: advocates working for battered women's program and victim/witness specialists employed by prosecutor's offices. It disucsses inevitable conflicts arising from their different roles and offers some strategies for working together.

View Article » Advocacy_and_Victim_Witness_Specialists_Differing_Roles_to_Achieve_Common_Goals.pdf

Assisting Immigrant Victims of Domestic Violence

Prosecutor's Guide

BWJP

This guide is intended to give a brief overview of the issues prosecutors should consider when handling cases involving immigrant victims by: exploring relevant immigration laws and terms; examining the challenges immigrant crime victims face navigating the justice system; identifying how prosecutors can most effectively proceed with cases involving immigrant crime victims

View Article » Immigrant_Victims_Prosecutors_Guide.pdf

At A Crossroads

Developing Duluth's Prosecution Response to Battered Women Who Fight Back

Mary Asmus, Chief Prosecutor, City Attorney's Office, Duluth MN

This monograph tells the story of how city prosecutors, battered women's advocates, and other practitioners in Duluth's criminal justice system came together to address the unique issues presented by domestic violence defendants who are also battered women. This monograph also offers a firsthand looks at how institutional change can happen in the criminal justice system.

View Article » At A Crossroads_part1.pdf
View Article » At A Crossroads_part2.pdf
View Article » At A Crossroads_part3.pdf
View Article » At A Crossroads_part4.pdf

Bellingham-Whatcom Domestic Violence Safety and Accountability Audit

Findings and Recommendations for Prosecution and Probation Responses

Safety Audit Coordinator: Sue Parrott, Director, Bellingham-Whatcom County Commission Against Domestic Violence

This audit explored the question: How do prosecution and probation recognize and respond to the complexities of risk and safety for all victims of domestic violence in the City of Bellingham Whatcom Three agencies offered their policies, practices, and case files for review during this audit, as well as contributed members to an audit team: the Bellingham City Prosecutor's Office, the Whatcom County Prosecutor's Office and the Whatcom County District Court Probation. The team's findings are based on information gathered during two community focus groups of battered women and their advocates, 35 individual interviews with a relevant practitioners, 40 observations of court and probations activities, and text analysis of case files from the City and Attorney's offices and District Court Probation.

View Article » Bellingham_Whatcom_Audit_Report.pdf

Case Processing of Misdemeanor Domestic Violence Cases, Year 1

Initial Police Response to Arraignment

Sharonna Lee, Kristine Lizdas, J.D., Connie Sponsler; Editor: Denise Gamache, BWJP

BWJP decided to focus its initial examination on two specific interactions, based on the chronology of case processing and in response to concerns raised by the Family Violence Coordinating Council. BWJP audited the initial police response to domestic violence calls, and the post-arrest process of releasing defendants from custody up to the arraignment. This report addresses law enforcement, bail evaluation and pre-trial release.

View Article » Case_Processing_of_Misdemeanor_DV_Cases.pdf
View Article » Case_Processing_of_Misdemeanor_DV_Cases_Appendix.pdf
View Article » Case_Processing_of_Misdemeanor_DV_Cases_Progress_Report_on_Implementation.pdf

Criminal Prosecution of Domestic Violence

Linda A. McGuire, Esq. for BWJP

This article identifies appropriate goals to be pursued in woman battering and the special challenges these cases present to prosecutors. It offers guidelines for improving collaboration between prosecutors and advocates.

View Article » Criminal_Prosecution_of_DV.pdf

El Paso County, Colorado Institutional Safety and Accountability Audit Report

A Project of the El Paso County Greenbook Project

Contributors: Audit Team Members (see Acknowledgements);Audit Coordinator Lisa Tessarowicz; Project Director Amber Ptak, and BWJP Consultant Rhonda Martinson

A multi-disciplinary team in El Paso County, Colorado mapped their domestic violence prosecution system, conducted focus groups of battered women, interviewed numerous practitioners, observed domestic violence court appearances and reviewed prosecution files to determine what information/factors influence prosecutorial decision-making and case disposition in misdemeanor domestic violence cases, as they related to adult/child victim safety and offender accountability. Four themes in victim safety and offender accountability were discovered; These themes and recommendations to address them are set forth in this report.

View Article » ElPaso_County_Audit_Report.pdf
View Article » ElPaso_DataChart1.pdf
View Article » ElPaso_DataChart2.pdf

Enhanced Penalties for Domestic Violence

State Statute Chart

Eve Zamora

The following is an alphabetical listing of all states that have enacted statutes enhancing penalties for domestic violence crimes. The term "enhanced penalties" as used in this document encompasses sentencing, charging, fines, protection order violations, repeat offenders and mandatory treatment. An updated 2009 version will be available soon.

View Article » Enhanced_Penalties_2005.pdf

La Crosse County Domestic Violence Safety and Accountability Audit

Phase 2: Post-Arrest through Prosecution, Findings and Recommendations

Produced by the La Crosse County Domestic Violence Safety and Accountability Audit Team. Primary Contributors: Safety Audit Coordinator Dar Jaeger and Safety Audit Consultant Jane Sadusky

The La Crosse County Safety Audit - Phase 2 explored the following question: How do post-arrest and prosecution responses to domestic violence cases in La Crosse County enhance or diminish victim safety and batterer accountability? The constant focal point of any Safety Audit is the gap between what people experience and need and what institutions provide; its focus is on institutional processes, not individual workers. A trained local team conducted interviews and observations with practitioners who are skilled and well-versed in their jobs. Their knowledge of the institutional response in everyday practice and their first-hand experience with the people whose cases are being processed supplied many of the critical observations and insights of the audit. The team also reviewed case files, policies, and other documents; this report summarizes their findings.

View Article » LaCrosse_Audit_Phase_2_PostArrest_Through_Prosecution.pdf

Marital Rape

Kersti Yllo, Ph.D.

In order to fully and adequately respond to men who rape and women who are sexually assaulted, we must focus our attention on forced sex in marriage, not as an additional form of physical battering, but as a significant violation in and of itself, whether accompanied by other violence or not.

View Article » Marital_Rape.pdf

Model Policy for Prosecutors on Imposing, Modifying and Lifting Criminal No Contact Orders

Jennifer Long, Christopher Mallios, Sandra Tibbetts Murphy

This paper sets forth a victim-centered analysis for judges and prosecutors to use when facing difficult decisions regarding the entering or modifying of no contact orders in criminal domestic violence cases.

View Article » Prosecutors_Model_Policy_No_Contact_Orders.pdf

OVW Giles v. California Statement

Cindy Dyer

Office on Violence Against Women official statement on the Giles v. California case. For more information, please see the BWJP amicus.

View Article » OVW_Giles_Statement.pdf

Primary Aggressor Chart

Compiled by Sandra Murphy and MaryKathleen Fenske, 2008

This is a 2008 compilation of all state statutes that use “primary” or “predominant” or “principle” aggressor language. Only the portion of the statute that applies to primary aggressor or mutual or dual arrest is cited in this chart.

View Article » Primary_Aggressor_Chart_Final.pdf

Prosecution Diversion in Domestic Violence

Issues and Context

Jane Sadusky

This paper examines the issues surrounding prosecution diversion and the context for reconsidering its role and related cautions in promoting victim safety and offender accountability

View Article » Prosecution_Diversion_DV_Cases.pdf

Prosecution Response to Misdemeanor Domestic Violence Cases

Jackson County, Oregon

Audit Coordinator: Jennifer Maile, Jackson County Council Against Domestic and Sexual Violence and Community Works

This audit examined how misdemeanor domestic violence prosecution responds to domestic violence. A team of criminal justice practitioners and battered women's advocates carried it out; team members observed police and probation officer activities, arraignments and sentencing. They interviewed a judge, law enforcement officers, jail staff, a release assistance officer, a clerk of court, prosecutors, a probation officer, a batterer's program provider, court officer, a defense attorney and victim services providers. A consultant and the audit coordinator analyzed 86 files for information available to a prosecutor to make case decisions, and for indicators of how victim safety and offender accountability are built into the job of a prosecutor; the information was compiled in a brief report comparing prosecution practices to current, national best practices in the field of domestic violence prosecution. In addition to this "report card," the report also contains recommendations that the Jackson County Council Against Domestic and Sexual Violence, Community Works, and the Jackson County District Attorney's Office can work together to implement.

View Article » Jackson_OR_Prosecution_Audit_Report.pdf

Specialized Criminal Domestic Violence Courts

Julie A. Helling

The National Center for State Courts surveyed courts by mail in 1998 and received approximately 200 responses indicating that the court had some type of specialized procedures for domestic violence cases. This article provides a basic overview of issues involved in the specialization of criminal domestic courts. To provide a framework for the study of these types of courts, this paper profiles the criminal domestic violence courts of Seattle, Washington, Sacramento, California, and Vancouver, Washington. These three courts are representative of four basic models for specialization.

View Article » Specialized_Criminal_DV_Courts_part1.pdf
View Article » Specialized_Criminal_DV_Courts_part2.pdf

State Legislative Approaches to Bail or Pretrial Release Conditions for Domestic Violence Offenders

Carolyn Ham

This article summarizes and explains various approaches states have taken to increase victim safety through the imposition of release conditions on domestic violence offenders. A chart of state statutes is included.

View Article » State_Approaches_to_ Bail_or_Pretrial_Release_for_DV_Offenders.pdf

The American Prosecutors Research Institute

The American Prosecutors Research Institute's website offers information on violent crime against women for prosecutors, including training information.

View Website » http://www.ndaa-apri.org/

When Is Arrest Not An Option?

The Dilemmas of Predominant Physical Aggressor Language and the Regulation of Intimate Partner Violence

Trish Erwin

This article explores the philosophical, practical, and legal issues involved in using predominant physical aggressor language in response to addressing intimate partner violence.

View Article » When_is_Arrest_Not_an_Option.pdf

Why Should Advocates for Battered Women Want Batterers To Be Provided with Adequate Legal Representation When They Are Arrested for Assaulting Their Partners?

Loretta Frederick, BWJP

The existence of a competent defense bar in any community does not undermine the effort to use the law to stop domestic violence. A fair and well-functioning criminal legal system may create general deterrence even where the conviction rate is less than 100%.

View Article » Adequate_Legal_Representation_for_Batterers.pdf

WomensLaw.org

Free access to legal information, including information on restraining orders, custody, divorce, immigration, and tribal law. Also, links to sheriffs' offices, and court forms and instructions on preparing for hearings, etc. All information is state-specific.

View Website » http://www.womenslaw.org/