Humanities Homework Help

Discussion 5:  “Challenges Related to Prosecution of Domestic Violence – Abuser Accountability”

1. What is your opinion about victim witness programs that are run out of the prosecutor’s office?  Explain.
   • Do you think they benefit the victim or serve the purpose of managing victims so they are more willing to testify and cooperate with prosecution?
2. List four things you learned (or four key points) from the designated resources for this discussion.  Include one from each resource using the title of each resource as your heading  and explain why each one is important.
3. Diversion is commonly used for first time domestic violence offenders.  It is usually set forth in a plea bargain, giving the abuser the opportunity to have the charges dismissed if he/she completes an abuser treatment program. Keep in mind that diversion and treatment are two different things. Be sure to review the learning resources. 
   • What is your opinion about the use of diversion in D.V. cases?  
   • Does domestic violence abuser treatment work?  Provide evidence to support your claim.
4. The Ted Talks video, “To Stop Domestic Violence, Everyone Needs to Unite” describes a collaborative approach.
   • What does “everyone needs to unite” mean? 
   • List at least TWO ways it can be accomplished and explain why each one will work.
   • List TWO things you would recommend that would enhance a more collaborate relationship between prosecutors and police in domestic violence cases.  Explain why each one would work and detail how the relationship will be enhanced.
5. When a domestic violence victim refuses to cooperate in prosecution and the court process, including failing to report to court when subpoenaed, should they be arrested and charged for violating a court order?   Explain.
6. Victim autonomy, laws and holding the abuser accountable is a difficult balancing act for the criminal justice system. Carefully analyze these three areas and their relationship to each other. Include  your suggestions and/recommendations for handling these three issues in the justice system, as well as how to balance their importance.
7. Current Events:  I never thought I would ask this question but the Coronavirus pandemic has created new issues and perspectives we couldn’t have imagined.  Triggered by an article I read in the New York Times dated March 28, 2020 titled, “Lockdown Holds Dangers to Vulnerable Women,” I present the following questions:

• Considering the implications of a pandemic including social isolation, describe how this can impact on victims of domestic violence.  Note at least TWO.
• How does a pandemic impact on the criminal justice system’s response to domestic violence?

4 STUDENT RESPONSES

RESPONSE TO MEGANI, personally, am not fond of victim-witness programs because of the lack of a true focus being on the victim. For example, victim-witness programs tend to focus on the societal offense to a crime as opposed to the point of view from the victim. Additionally, victim-witness programs also don’t take the personal desires of a victim into account. Rather, they provide the services that they believe a victim needs despite them opposing. Perhaps what is most displeasing is that the victim-witness programs appear to be more focused on the prosecutorial demands rather than the victims (Bonnie Black, 2010).I believe the victim advocate programs offer the potential to be extremely beneficial, but unfortunately, budgetary problems appear to overshadow these benefits. The advocacy programs are perceived to be “justified “by the empirical rates of cases being prosecuted as opposed to victim satisfaction rates (Buzawa et al., 2017). In turn, this causes many advocates to push for the prosecution of the offender and the participation of the victim instead of focusing on the victim’s need as they are intended to do. As a result, many victims do not feel empowered or understood by the victims’ advocates and may not choose to participate in the prosecution process as a result (Buzawa et al., 2017). For these reasons, I believe the victim’s advocates, or witness programs, function more for the purpose of the prosecution than that of the victims.To Stop D.V. Everyone Must Unite- This Ted Talk increased my awareness of the importance of adult males in positions of power speaking out against jokes, derogatory speech, victim-blaming, etc. when it comes to “women’s issues,” (Katz, 2012). Mockery or shaming when it comes to domestic violence only enables patriarchy and the belief in male dominance that tolerates violence by males. Men that are in positions of power stand the best chance when it comes to challenging these beliefs and views because young children and women are often ignored or downplayed when they try to increase awareness of the issues.Further, this applies to ALL issues, race, gender, sexual orientation, etc. Adult men that are in powerful positions are most capable of changing the narrative because gender violence starts with men. We need to shift the focus and stop treating domestic violence as if women alone can spot, prevent, and avoid the problem. Instead, we need to include men in speaking out against the speech that condones such violence to change the narrative and stop the committing and tolerance of violence to truly make a change (Katz, 2012).Domestic Violence Strangulation- From this YouTube video, I learned that only 15% of the domestic violence cases where strangulation was reported were successfully filed and prosecuted (MCAOTV, 2012). This is a significant finding because it is that small percentage that encouraged prosecutors and detectives to unite in order to figure out a method that could help them to provide better evidence for the courts in these cases. High-tech cameras and forensic nurse examiners were the answer because the nurses received specific training and knew what they could photograph that would provide photographic evidence to provide for the prosecution in a case where strangulation is reported (MCAOTV, 2012). Areas of the mouth, eyes, and neck could be photographed by the nurse examiner that would definitively prove that strangulation was attempted on a victim. Learning this is significant because these new additions have helped to increase the number of cases being filed and prosecuted to over 60% in just 3 months (MCAOTV, 2012).Strangulation In Intimate Partner Violence- While reading this infographic, I was shocked to learn that strangulation increases the odds of a homicide occurring in the future by 750% (Training Institute on Strangulation Prevention, 2016). This is important information because it could help to increase public awareness of the severity and danger that domestic violence/abuse poses. If someone in a family home has gotten strangled or if a friend is aware of a strangulation attempt, all could report the offense to potentially prevent a homicide from occurring.

RESPONSE TO JENNIFERI fully support the victim witness program that is available through the District Attorney’s Office. I feel this program is important because it continues support for the victims and/or witnesses of crimes through the court process. For the general public, going to court can be very scary and intimidating, especially if the person has never been to court. The victim witness program helps ease the anxiety about the court process and support the needs of the involved parties to a case.I feel that the victim witness program does serve the purpose of encouraging victim and witness cooperation with the court process. I do not believe that victims or witnesses intentionally refuse to assist with the court process because they disagree with it. I think they refuse to cooperate when they are afraid of the process because it is unfamiliar and intimidating. I think they refuse when they are afraid of retaliation from the suspect or of confronting the suspect. Let’s be honest, attorney’s go to school for years to learn how to testify in court so we cannot expect an inexperienced citizen to feel comfortable in court.Best Practices Checklist for Improving Community Response to Domestic Violence: Prosecution Charging Decisions.An interesting aspect of this checklist that I noticed falls within number 5 on the checklist. Here it encourages evaluation of the casefile paying special attention to the party that was deemed the non-dominant. In circumstances where mutual violence was used this encourages the prosecutor to evaluate the second party to determine whether to prosecute him/her as well. I think this is important because although a party may not look like the dominant because the injuries causes were less severe, this party very much could have been a huge participant and contributor to the violence.National Domestic Violence Prosecution Best Practices Guide.After reviewing this document, I learned the importance of thorough police investigations in domestic violence incidents. Although at the time of the police report which is likely minutes from the crime occurring, a victim is open and willing to provide information. Post-arrest after the victim had time to think or have contact with the suspect, they may change their statement about what happened. This proves how important it is for officers to document at the scene thoroughly statement from all involved parties. This will assist if the statements change at trial or if they victim refuses to cooperate with the court process.Prosecutors, Kids, and Domestic Violence Cases.An important aspect of this article that resonated with me are the changes that are occurring within the laws to help protect children in domestic violence situations. One change is that law enforcement officers must assess the scene where domestic violence occurred and document if children were present during the incident. Another change is that the protective shelters that battered women go to after the abuse are providing extra care for the children. Traditionally, the victim was the primary concern, but now shelters are hiring staff to work with the secondary victim which is the children involved.Strangulation in Intimate Partner Violence Fact Sheet.I learned through this course that domestic violence is prevalent in our society. Even though I know this, it blew my mind that 68% of the women who experience domestic violence would endure near fatal strangulation. When I learned about that, it really made me feel sad. How many people have we walked pass in the mall or grocery store that are being strangled at home? I think we really do need to be kind to one another because you never know what the other person is going through. If 1 in 4 women will experience domestic violence, we all should be concerned for our daughters. This fact sheet was so raw and heart breaking, I am at a loss for words.In my opinion, I think that diversion in domestic violence cases can be a positive thing. In domestic violence situations, the abuser clearly has problems within themselves that need fixed. I do not think that punitive consequences will fix the issues within an abuser, but treatment might fix it. I would like to think that diversion would offer the offender a chance to treat their ailment.

RESPONSE TO JAMESMy opinion about victim witness programs is they are probably more valuable for victim safety than they are for self-serving reasons to the prosecutor.I think the programs are a dual benefit, with clear benefits to both sides. However, I think the intent behind the programs is primarily for the safety of those involved, especially when considering children. I can see how these programs can be considered to work exclusively in the prosecutions favor, but I believe the merit of the program is focused on providing necessary resources to victims.The four things I learned from the resources are the high rate of domestic violence perpetration and victimization in the children of domestic violence homes, the tools available to prosecutors when children are exposed to domestic violence, the role of the forensic nurse, and consequences of strangulation.National Domestic Violence Prosecution Best Practices Guide – Research conducted by Sam Houston University revealed some incredibly disturbing numbers from a 20-year study of children that grew up in domestic violence environments at home. According to the study, 78.6% of those children become perpetrators by the age of 21. In addition, 75% of the children became victims of domestic violence by the age of 21(National District Attorneys Association, 2017).These statistics are incredibly important because they further prove these children of domestic violence homes are victims and the impact of their environment does have a lasting impression. A home with domestic violence may have generational implications, as evident by these statistics.Prosecutors, Kids, and Domestic Violence Cases – The primary takeaway from this resource was the statistics of prosecutor’s offices that are aggressively trying to find ways to protect children of domestic violence homes and the lengths they were willing to go (prosecuting mothers) for that protection(Whitcomb, 2002).The reason I feel this is important is because it shows how serious prosecutors feel domestic violence exposure is to children. They see the detriment to the community and the individual victims. It also shows they acknowledge there are resources that could and should be used to help victims and provide them the necessary courage to fight back.Domestic Violence Strangulation – The significance of this resource information was two-fold, one the passing of the new law-making strangulation a felony, and two the realization of the resources needed to successfully prosecute strangulation cases. In this case those resources being the forensic nurses and high-powered cameras(TV, 2012).  I found it very interesting that a law needed to be passed to recognize strangulation because it was not as easily noticeable. I also didn’t realize these strangulation cases lead to more violent and potentially fatal cases more often. That is a significant factor that warrants the attention from the prosecutor’s officeIn addition, while I was aware of the forensic nurse, I was not aware of the sophistication of the equipment they were required to use for these cases. I thought this type of equipment would be handled by police forensic teams. What I found to be exceptional about the lead up to this was the communication and collaboration between agencies to find a way to have a significant increase in filing of federal charges for strangulation.Strangulation in Intimate Partner Violence Fact Sheet – The statistics associated to the brutality of this form of assault. This document provided a great visual representation to the reason prosecutors needed to get creative in how they prosecuted these cases of abuse(Training Institute on Strangulation Prevention, 2016).While it was obvious how brutal and dangerous this form of abuse is, the statistics are frightening, especially when you look at one stat, the odds for homicide increasing 750%.I do think there is a place for diversion, but it should be very limited. There is zero chance I think it would be appropriate in any instance where the victim was admitted to the hospital or where a child was involved. However, there may be a case for this form of plea bargain in cases where there was minimal physical abuse and there is hope the abuser could change their ways when provided the necessary tools.I don’t think treatment works in most cases, but I can’t say that is absolute. The primary reason I believe they don’t work is because I don’t think you can reach successful treatment without the victim’s inclusion. It seems to me that if we include our victims there is a greater chance of the offender comprehending the impact of the abuse, however, this could be dangerous for the victim. As we’ve learned, the justice system isn’t always a well-oiled machine. There is a potential for poor communication between agencies involved and the victim being abused by the system because of contact with the abuser. A report from the State Justice Institute argued that while there were improvements in the abuser’s belief they could control their violence, there was no evidence they did or in their beliefs about the use of violence(Harrell, Adele;, 1991).

RESPONSE TO DANIEL1 – My opinion about victim witness programs run out of the prosecutor’s office is a positive one. I think it’s the right placement and it helps to form an alliance mentality for the victim, the criminal justice process is adversarial by nature, it’s an “us against them” mentality. Having the victim programs in the prosecutor’s office helps to form that team mentality and may help the victim feel that they have people working for them.I do think they benefit the victims in certain cases, if these programs are standardized and the victim is required to go through these “channels” it may even help the victim feel protected, meaning that if the victim is concerned about abuser retaliation, the victim can create the illusion that they weren’t helping with prosecution, they simply had to follow these prescribed steps.2 – There are four key points I would like to highlight based on the material for this submission.From the Professor Black Mini podcast series on Domestic Violence, the statement, accurate statement, that prosecutors do not work for the victims, they work for the state. Many victims have the conceptual misunderstanding that the prosecutors must take the action that the victim feels appropriate. This is certainly not the case at all. In my experience prosecutors certainly try to include the victim and victim concerns when addressing the prosecution of a case, especially a DV case but they are not bound by victim desires.From the Best Practices for Improving Community Response to Domestic Violence – Prosecution Charging Decisions. The key point from this is the actual checklist! What a great tool for all involved, law enforcement, prosecution and even the victim. By having this “check the box” punch list it helps to open dialog and considerations of the impacts of DV. It can be an amazing tool (once completed) to show the victim, so they gain some measure of the magnitude of the DV situation they are engrossed in. In many cases the victim of DV can’t see the forest for the trees, they are so close to the situation they can’t truly evaluate the seriousness of the abuse. Putting this completed form in from of a victim and discussing it can really help the victim to realize their situationFrom the National DV Prosecution Best Practices Guide (White Paper). The key point here and one that I feel would certainly help prosecution and better serve victims is the recognition of evidence-based prosecution. By maintaining this focus, even from the initial responding officer prospective, it helps build a stronger case that can be prosecuted even when the victim recants, which is a very common occurrence.From the Strangulation Infographic fact sheet. The entire sheet itself! What a great tool, again for law enforcement and even the victim. I have personally investigated many DV cases where the victim has been strangled and didn’t even know it. Victims will constantly clear their throat, or swallow hard and keep apologizing for not being able to speak well and they almost always attribute that to crying and being upset, they never even realize that these are telltale signs of strangulation. That simple fact sheet also shows Petechiae, another telltale sign of strangulation however it is not always present. Petechiae presents itself when the jugular vein is constricted thereby closing the pathway of returning blood to the heart, but the carotid artery remains open and continue to pump blood to the brain so the blood gets trapped in the head and the pressure bursts tiny blood vessels, causing the visible petechiae. If a person is strangled strongly enough to also close the carotid artery (bringing blood to the brain) then there is no build up of that blood pressure in the head and petechiae will not present itself, there will however be other signs of significant trauma to the area. (ok, I’ll step down off of my instructor podium now).