Domestic Violence Proseminar in Criminal Justice

PROSEMINAR IN CRIMINAL JUSTICE

Proseminar in Criminal Justice

Introduction

From the onset, it would be prudent to note that in comparison to many other developed countries, the United States happens to have a rather high crime rate. A review of available data – specifically from the Bureau of Justice Statistics (BJS) and the Federal Bureau of Investigation (FBI) indicates that the most common crimes in the U.S. happen to be larceny/theft, burglary, and aggravated assault. Others are robbery, motor vehicle theft and rape. Recent data indicates that over the past few years, there have been a surge in some specific kinds of crimes within the country. This is more so the case when it comes to robbery, murder, domestic violence, etc. This text will concern itself with domestic violence. In so doing, it will not only assess the nature of this particular concern, but also propose an approach that could be deployed in an attempt to reign in the same. More specifically, in seeking to address this particular concern, a systematic process-like approach will be embraced.

The Problem

Peterman et al. and van Gelder et al. (as cited in Usher, Bhullar, Durkin, Gyamfi and Jackson, 2020) define domestic violence as “threatening or other violent behaviors within families that may be physical, sexual, psychological, or economic, and can include child abuse and intimate partner violence” (112). Over the last two years, there have been reports of increased domestic violence across the country. Some have linked the said surge in domestic violence cases to the COVID-19 pandemic. For instance, the Substance Abuse and Mental Health Services Administration – SAMHSA (2020) indicates that there are a wide range of issues that could have led to an increase in family violence during the present COVID-19 pandemic. Some of the factors that have been cited by SAMHSA (2020) are inclusive of, but they are not limited to; anxiety caused by the government-initiated measures (i.e. the lockdown), disconnection from the routine social support systems, and major economic devastation. To a large extent, SAMHSA (2020) indicates that some of the highlighted factors have stimulated family violence in instances where it existed as well as in those where it did not. It would, however, be prudent to note that there are a wide range of other risk factors that have in the past been identified for domestic violence. For instance, according to the Centers for Disease Control and Prevention – CDC (2021), the said factors could be inclusive of, but they are not limited to; emotional/physical abuse history during childhood, insecurity and emotional dependence, drug abuse, social isolation, borderline personality disorder-associated traits, conduit problems as well as antisocial personality traits, depression and anxiety, low education, etc.

Domestic violence impacts not only its victims, but also other individuals and the society at large. For instance, Goodmark (2018) indicates that domestic violence victims tend to exhibit a wide range of mental health problems, including depression, post-traumatic stress disorder and anxiety. This is in addition to the physical injuries they could acquire following confrontation/abuse. The impact of domestic violence on a person’s mental as well as physical wellbeing could be long-term. In addition to the direct victims, domestic violence could also have a negative impact on others as well, i.e. children, other family members, caregivers, etc. Persons who witness instances of domestic violence could present with issues similar to those of first-hand victims of the said violence. This is more so the case when it comes to reduced quality of life and mental distress (which could trigger post-traumatic stress disorder). In as far as the society, at large, is concerned, Goodmark (2018) indicates that victims of domestic violence suffer both emotional and physical scars which could effectively prevent them from being productive members of the society. Further, according to the author, exposure to repeated instances of domestic violence has been associated with negative health outcomes – which could in some instances, as has been the case during the COVID-19 pandemic, end up overburdening the healthcare system. For this reason, the relevance of reigning in this particular crime cannot be overstated.

Addressing the Problem

There are a wide range of solutions that have in the past been proposed in an attempt to reign in this particular concern. Some of these approaches have been highlighted by Walker (2010) in an instrumental resource titled, Sense and Nonsense about Crime, Drugs and Communities. It should be noted that in this particular write-up, I embrace what I will refer to as a Structured Multipronged Approach (SMA) to address the issue of domestic violence. In so doing, I will also deploy the process approach highlighted by Eggers and O’Leary (2009) in yet another key resource titled, If We Can Put a Man on the Moon: Getting Big Things Done in Government. More specifically, Eggers and O’Leary (2009) make an observation to the effect that their assessment of past initiatives indicates that all successful initiatives embrace a certain step-by-step format. The authors christen this 5-step process the journey to success. In essence, this process comprises of the following 5 steps: idea, design, stargate, implementation, and results. These will be discussed in greater detail below, in the context of addressing the domestic violence problem.

1. Idea

In this case, the problem has been clearly framed and highlighted as increasing instances of domestic violence in the US. The causes and impact of domestic violence have been identified above. More specifically, as has been pointed out, the negative outcomes of domestic violence flow to not only the immediate victim of domestic violence, but also to other third parties (such as family members and children) and the society at large. It therefore follows that there is a need to put in place measures to reign in this particular crime.

2. Design

The SMA framework happens to be an all-inclusive approach combining the various approaches to reigning in crime that have been suggested by Walker (2010), among others. Ideally, a proposal is hereby made to have the framework as the standard operating procedure for each reported instance of domestic violence. The framework has been divided into initial response, short-term response, and long-term response.

a. Initial Response

Mandatory Arrest: In basic terms, mandatory arrest happen to be the standard response of most police departments to instances of domestic violence (Walker, 2010). More specifically, in the words of the author, “in response to protests from women’s groups, many police departments have adopted mandatory arrest or arrest-preferred policies that either require an arrest in a felonious domestic assault or advise officers that arrest is the preferred disposition” (Walker, 2010, p. 48). To a large extent, this could be the best initial approach in seeking to protect the victim. However, to ensure the best outcomes, there is need to ensure that more is done beyond the mandatory arrest. This is to say that mandatory arrest should be supplemented with other measures. Two measures have been identified in this case: enhanced access to protective shelters and protection orders.

Enhanced Access to Protective Shelters: There is need to ensure that victims have access to shelters that shield them from further abuse. It is also important to note that such shelters should ideally provide resources for healing, as well as avail the relevant tools to pursue justice.

Protection Orders: In this case, the offender is directed by the court not to initiate or pursue any contact with the victim. Walker (2010) is categorical that the said orders have been found to be particularly useful in domestic violence scenarios. The deployment of these orders should, however, be done on a case-by-case basis, i.e. depending on the relationship between the victim and the offender.

b. Short-Term Response

Penalize/Punish: The laws and penalties governing domestic violence differ from one jurisdiction or state to another. There are also federal laws that cover intimate partner violence. For instance, as Goodmark (2018) indicates, while some states classify threats of violence under domestic violence, other states only recognize physical violence. There exists a justification for perpetrators of domestic violence to be punished. This is more so the case in efforts to ensure that they are discouraged from the commission of similar crimes going forward. This is what has in some instances been referred to as the deterrence theory. More specifically, Walker (2010) points out that “the theory of deterrence has a simple, intuitive appeal… people want to avoid unpleasant experiences, so if we make the punishment for crime more unpleasant, fewer people will commit crime” (122). However, I am of the opinion that punishment should be considered only in instances of repeat offending and in scenarios whereby reconciliation efforts (as indicated below) fail.

Reconcile: Reconciliation efforts are crucial owing to the fact that domestic violence involves persons who are related to one another in some way. These could be dating partners, a couple, family members, etc. It therefore follows that failure to institute reconciliation efforts could result in broken marriages, soured familial relations, etc.

c. Long-Term Response

Offender Rehabilitation: This, according to Walker (2010) happens to be one of the most crucial aspects of any crime control policy. The central idea in this case, as the author further indicates, happens to be the ‘treatment’ of offenders so as to minimize their chances of repeating the offense at some point in the future (Walker, 2010). In the family, domestic violence context, locking up offenders would have a minimal or no impact in reducing aggression. Instead, a more effective approach would likely involve addressing the various domestic violence risk factors. These have been identified elsewhere in this write-up. For instance, when the underlying problem happens to be depression and anxiety, the offender could be put on a cognitive behavioral therapy (CBT) intervention with an aim of resolving the underlying issue.

Interventions for both the Victim and the Offender: This could also be referred to as family therapy – which has been described by Goodmark (2018) as an intervention “that works with families and couples in intimate relationships to nurture change and development” (237). Nurturing change and development between diverse participants in a familial settings is likely to have a positive impact in the form of better and more open engagements. This, in turn, would promote cohesion between members – effectively reducing opportunities for confrontation.

3. Moment of Democratic Commitment

To guarantee the success of this particular initiative, there is need to ensure that all stakeholders are brought on board. In so doing, we shall be securing the commitment of all those who, for one reason or another, have an interest in (or power over) this particular initiative. Some of the key stakeholders that have been identified on this front are inclusive of, but they are not limited to; the relevant police departments, court personnel, lawyers, correctional officers, judges, etc. Other equally important stakeholders are community organizations concerning themselves with community violence, media/press, as well as the political leadership.