Wayne Welsh, Philip Harris: Criminal Justice Policy and Planning, 4th Edition

Case Studies with Questions and Answers

Chapter 03: Designing the Program or Policy

Scenario based on Case Study 3–2 (A Model Domestic Violence Law Enforcement Policy)

Domestic violence is a serious crime against the individual and the community. The failure of any law enforcement officer to respond and handle a domestic call properly will expose individuals and the community to danger, up to and including death. Because domestic violence can and does result in the death of individuals, every response to a domestic call shall be treated the same as any other crime against a person. Every response to a domestic call, no matter how frequent, requires that every step possible be taken to insure the safety of the victim, including providing a safety plan to the victim and, if necessary, transporting the victim and children, if appropriate, to another site for safekeeping.

Questions

Describe five or more factors that should NOT be considered by a police officer as an independent compelling reason NOT to arrest the perpetrator.

Correct Answer

the marital status of the suspect and the victim
whether the suspect lives on the premises with the victim (except as may be necessary to qualify the parties as “members of an unmarried couple”)
whether the victim has not obtained a protective order against the perpetrator
the potential financial consequences of arrest
whether there have been previous law enforcement responses to domestic calls at this address
verbal assurances that the violence will cease
the victim’s emotional status
whether physical injuries suffered by the victim can be personally observed at the time of the law enforcement response
the location of the incident (i.e., public or private)
speculation that the victim may not follow through with the prosecution, or that the arrest may not lead to a conviction
the victim’s initial reluctance regarding an officer-initiated arrest
the fact that the victim and suspect are of the same gender
the use of alcohol or other drugs by either or both parties

Describe at least five general responsibilities of a police officer when responding to a domestic violence call.

Correct Answer

establish control
assess the situation for risks to all parties, including children
attend to the emergency medical needs of those involved
interview parties/witnesses separately and away from the line of sight and hearing of the perpetrator (use direct quotes of witnesses about their fears and concern)
effect an arrest of the perpetrator as the preferred response, if legally possible
seize any weapons used in the incident
inform the victim of rights
provide victim information on legal remedies and community services available for protection and safety planning
assist the victim in securing medical attention, which shall include arranging for the transporting of the victim to obtain medical attention
assist the victim in securing legal protection (warrant, protective order), which may include transporting the victim to obtain legal protection, if appropriate
report all actual and suspected incidents of abuse to the Cabinet for Families and Children, Department for Social Services, using the "Child Abuse, Adult Abuse, and Domestic Abuse Standard Report" form (JC-3)
if the exigent circumstances have ceased, obtain a consent to search or obtain a search warrant when appropriate
collect and photograph all relevant evidence required for successful prosecution [use body map with checklist to document injuries]
arrange for follow-up photographs of the victim in order to demonstrate the extent of the injuries that may later become more obvious
attend to any children or dependent adults
check LINK and NCIC for outstanding warrants, history file on protective orders, and whether there are any active “EPOs,” “DVOs,” or Foreign Protective Orders [“FPOs”]