vawor: violence against women online resources

vawor
violence against women online resources

A Guide for Effective Issuance & Enforcement of Protection Orders

"This publication, also known as the Burgundy Book, was developed to give communities and professionals precise tools and strategies they can implement to broaden the effectiveness of protection orders, both from a practical standpoint and from a philosophical perspective. This guide is intended for advocates, civil attorneys, courts and judiciary, law enforcement and prosecutors."

added 12/13/2009

A Judge's Bench Card Regarding Full Faith and Credit

National Council of Juvenile and Family Court

A publication designed to help judges understand the necessary steps to supporting implementation of the Full Faith and Credit Provision of the Violence Against Women Act.

added 10/26/2005

A Judicial Guide to Child Safety in Custody Cases (PDF)

Hon. Jerry J. Bowles, Hon. Kaye K. Christian, Margaret B. Drew, JD, Katheryn L. Yetter, JD

"This Judicial Guide contains 14 bench cards which provide an easy-to-use checklist system for judges at critical decision-making points throughout child custody cases, as well as a supplemental guide which provides additional information about in- and out-of-court behaviors, best interest of the child, and order issuance and enforcement. "

added 12/13/2009

A National Protocol for Sexual Assault Medical Forensic Examinations Adult/Adolescents

"This document is intended to improve the criminal justice system’s response to victims of sexual assault and the sexual assault forensic examination process."

added 02/18/2010

A Passport to Safety: Full Faith and Credit, A Judge's Guide

This publication is also known as "Passport to Safety" and is designed to facilitate the efforts of states, tribes, and territories to implement Full Faith & Credit Provisions of the Violence Against Women Act (VAWA). Since its initial printing in 1999, VAWA has been amended twice - once in 2000 and again in 2005. This version reflects the 2005 amendments and expands "Passport to Safety" from its original issuing and enforcing benchcards to include two new subject-area cards: one on firearms and one on custody, visitation, and support provisions within protection orders.

added 09/16/2010

A Report from the 2003 Domestic Violence Safety and Accountability Audit: Prosecution Response to Misdemeanor Domestic Violence Cases Jackson County, Oregon

Praxis International and Battered Women's Justice Project

"The audit in Jackson County was conceived to examine the response to domestic violence by the misdemeanor prosecution element of its criminal justice system. This report includes findings of the audit team and the consultant, within the context of accepted best practices; and recommendations of the audit team and the consultant, 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 in the months ahead."

added 04/04/2010

A Victim-Centered Approach To Domestic Violence Against Native Women

"This resource guide was developed to provide a starting point for drafting or revising tribal laws on domestic violence. It is written with a philosophy that tribal laws should reflect tribal values."

added 12/04/2009

Addressing Domestic Violence in Indian Country

This manual examines the reasons behind the presence of domestic and sexual violence in Native communities by looking at its historical origins and how to address it in the community.

added 02/17/2010

Annotated Stalking Bibliography

National Center for Victims of Crime

A bibliography of stalking-related articles.

added 01/09/2006

Assessing Justice System Response To Violence Against Women: A Tool for Law Enforcement, Prosecution, and Courts

STOP-TA Project in Washington DC

This document contains an assessment tool for jurisdictions to use in developing effective responses by law enforcement, prosecution, and the courts.

added 10/26/2005

Assessing Justice System Response To Violence Against Women

STOP-TA Project in Washington DC

This is the second installment on this website from the STOP-TA Project's Promising Practices Initiative. The document contains profiles of 17 non-profit victim advocacy organizations around the nation. The profiles highlight innovative outreach and service delivery strategies that address the needs of victims of sexual assault, stalking and domestic violence.

added 01/10/2006

Assisting Immigrant Victims of Domestic Violence Prosecutor's Guide (PDF)

"This guide is intended to give a brief overview of the issues prosecutors should consider when handling cases involving immigrant victims. The guide explores relevant laws, challenges immigrant crime victims face in navigating the justice system, and identifies how prosecutors can most effectively proceed with cases involving immigrant crime victims."

added 03/07/2010

Bringing Domestic Violence Best Practices to New York’s Town and Village Courts (PDF)

Amanda B. Cissner

The purpose of this document is to gain a deeper understanding of the domestic violence policies and practices implemented in New York’s rural town and village courts and to measure the impact of trainings on these practices.

added 03/17/2010

Checklist to Promote Perpetrator Accountability in Dependency Cases Involving Domestic Violence

This document will help dependency judges intervene with those who use violence in ways that promote accountability and maximize the safety and well-being of children and victim parents. It provides a framework to help the court leverage its authority to hold perpetrators accountable, provide appropriate services, and improve judicial decision-making.

added 04/27/2011

Child Support Protocol: A Guide for Integrated Domestic Violence Courts

Judy Reichler and Liberty Aldrich

A best practices guide for legal professionals who oversee integrated domestic violence court cases involving child custody issues.

added 03/13/2010

Civil Protection Orders: A Guide for Improving Practice (CPO Guide)

National Council of Juvenile and Family Court's (NCJFCJ)

NCJFCJ's Family Violence Department, in partnership with OVW, developed Civil Protection Orders: A Guide for Improving Practice (CPO Guide) as a tool designed to support the work of professional dedicated to enhancing the effectiveness of the civil protection order process. It provides guidance for advocates, attorneys, judges, law enforcement personnel, and prosecutors to help ensure that protection orders are effectively issued, served, and enforced across the country.

added 11/16/2010

Collaborating to Help Trafficking Survivors: Emerging Issues and Practice Pointers

Family Violence Prevention Fund

This manual is for those committed to assisting trafficking survivors, especially sexual assault and domestic violence advocates and their allies in the criminal and legal systems who have basic knowledge of the trafficking assistance process.

added 10/28/2010

Community Corrections Response To Domestic Violence: Guidelines For Practice (PDF)

"This document provides a series of guidelines for community corrections professionals that support a proactive community supervision approach for domestic violence cases. It pulls together in one place for community corrections professionals and allied justice system and community-based services the conceptual information and practical tools to develop or enhance effective programs."

added 02/17/2010

Community-Based Analysis of the U.S. Legal System's Intervention in Domestic Abuse Cases Involving Indigenous Women (PDF)

"This is a report about institutional processes within the U.S. legal system and their impact on the lives of Indigenous women who are battered."

added 02/18/2010

Creative Civil Remedies Against Non-Indian Offenders in Indian Country (PDF)

"This report explores ways in which tribes can work within current jurisdictional limitations to impose significant, meaningful, and effective deterrents and consequences for non-Indian offenders."

added 02/17/2010

Criminal Domestic Violence Case Processing: A Case Study of the Five Boroughs of New York City (PDF)

Chandra Gavin and Nora K. Puffett

A study of the five boroughs of New York City in which domestic violence criminal case processing exist. The study seeks to establish what the policies and practices of the domestic violence courts are, to understand their underlying rationale, and to learn what the stakeholders perceive as their strengths and weaknesses.

added 03/17/2010

Criminal Prosecution of Battered Native Women for Failure to Protect

This document provides an overview of the criminal prosecution of battered native women for failure to protect and the impact of laws and policies.

added 02/17/2010

Cross-System Dialogue: An Effective Strategy to Promote Communication between the Domestic Violence Community, Child Welfare System, and the Courts

Cross-system dialogue is one strategy that has been used to improve communication. The cross-system dialogue is an approach that promotes and helps to facilitate communication among representatives working in the domestic violence, child welfare, and court system. It provides a formal structure to address conflict in a productive manner. Cross-system dialogues bring people together, lay the groundwork for effective communication, and give those who work with families experiencing both domestic violence and child maltreatment an increased confidence that meaningful cross-system communication is possible.

added 04/27/2011

DNA Evidence: Enhancing Law Enforcement’s Impact From Crime Scene to Courtroom and Beyond (PDF)

"This report attempts to capture the issues and concerns identified and the recommendations related to crime victims, DNA evidence, and the criminal justice system that emerged from the sharing of so many varied perspectives."

added 02/17/2010

Do Batterer Program Length or Approach Affect Completion or Re-Arrest Rates? (PDF)

Amanda B. Cissner and Nora K. Puffett

This study compared outcomes between defendants sentenced to two batterer programs in Brooklyn, New York. A literature review on batterer programs is presented followed by the research methodology. The findings suggest that neither underlying program philosophy nor program length alone predict either program completion or future violence.

added 03/14/2010

Domestic Violence Civil Protection Orders (CPOs) By State (PDF)

A chart that lists domestic violence civil protection orders (CPOs) by state.

added 02/17/2010

Domestic Violence Court Monitoring: Innovative Programs (PDF)

The purpose of this manual is to give statewide domestic violence coalitions and other groups interested in developing court monitoring programs information about how different communities across the United States have developed innovative court monitoring programs. This manual presents some of the most successful domestic violence and sexual assault court monitoring programs in the United States. Each of the ten programs described has attempted to improve the justice system’s response to victims of violence and their children through court monitoring. The programs and practices described in this manual are the result of many people working in courts and communities, urban and rural, throughout the country. Some programs have developed over many years; others have been in existence for only a few years. All of these programs are exceptional in some way.

added 04/20/2011

Domestic Violence Court Monitoring: Readings & Materials (PDF)

Before beginning a court monitoring project, it is important to understand the purpose for conducting a court monitoring project and how the data gathered can be used to enhance policy and practice in these difficult cases. Enclosed are materials that will provide you with a basic overview of court monitoring and help you determine whether a court monitoring project is a tool that can be used within your state as part of a coordinated community response to end violence against women and children. The information provided offers readers an insight into court monitoring generally, outlines the work of the Nevada Statewide Court Monitoring Project specifically, and highlights sample training materials that can be provided to court monitors as you develop your project.

added 04/20/2011

Domestic Violence Safety and Accountability Audit: Findings and Recommendations for Prosecution and Probation Responses in Bellingham-Whatcom County (PDF)

This safety audit explored how prosecution and probation respond to the complexities and risk for safety for all victims of domestic violence in the City of Bellingham and Whatcom County. The report identified gaps between what victims experience and need and what the institutions provide. Findings and recommendations for closing the gaps are provided.

added 04/04/2010

Domestic Violence, Sexual Assault & Stalking Prevention and Intervention in Rural Native American Communities: Training, Research and Education Programs

Native American Circle, Ltd

A comprehensive training manual for rural Native American communities addressing domestic violence, sexual assault and stalking through training, research and educational programming. Note: This document provides a general overview. When developing a plan for your community, look to your own tribal codes and state and federal laws concerning confidentiality and explore methods which can be used in the civil or criminal justice arenas which would enhance victim safety.

added 01/13/2006

El Paso County, Colorado Institutional Safety and Accountability Audit Report: A Project of the El Paso County Greenbook Project (PDF)

This report explores adult/child victim safety and offender accountability efforts in the criminal justice response. The goal of this audit was to strategize ways to improve the safety and well being of adult/child victims, enhance offender accountability, and create a system of accountability for the agencies that respond to domestic violence.

added 04/04/2010

Enforcing Domestic Violence Firearm Prohibitions: A Report on Promising Practices (PDF)

Andrew R. Klein

"This report highlights promising practices currently employed around the United States and in tribal jurisdictions that represent innovative approaches to enforcing domestic violence firearm prohibitions. It provides brief descriptions of programs that are located primarily in law enforcement agencies, prosecutors’ offices, courts, and probation departments."

added 03/12/2010

Ensuring Forensic Medical Exams for All Sexual Assault Victims: A Toolkit for States and Territories

This "toolkit is designed to help states and territories address compliance with federal statute to ensure that victims of sexual assault can get a forensic medical exam free of charge or with full reimbursement regardless of whether they report the crime to police or otherwise cooperate with the criminal justice system."

added 02/12/2010

Federal Interstate Stalking Law

National Center for Victims of Crime

Provides definitions and interpretations of the Federal Interstate Stalking Law.

added 01/09/2006

Final Report: Focus Group on Public Law 280 and the Sexual Assault of Native Women (PDF)

This is the final report from the "focus group on the Oneida Indian Reservation in Green Bay, Wisconsin that discussed challenges to, and opportunities for, collaboration between states and tribes in Public Law 280 jurisdictions to address sexual assault in Indian country."

added 02/17/2010

Full Faith and Credit Enabling Legislation and Registry Information

National Center for State Courts and the Full

The following document provides information about individual states' laws and policies regarding restraining orders, the registration thereof and reciprocity between states. Registry information is also provided for the District of Columbia.

added 01/10/2006

Full Faith and Credit Implementation: Challenges and Solutions

Barbara Hart

This chapter identifies some of the stumbling blocks to implementation of full faith and credit, including xenophobia, reluctance to change, and procedure-driven traditions of law enforcement. It offers an outline for a problem-solving approach.

added 10/26/2005

Immigration and Trafficking Special Topic Course Curriculum Outline (PDF)

The goals of this training curriculum is to identify the “red flags” that immigration/trafficking status or issues are affecting what’s happening in a courtroom, assess and consider immigration implications when crafting civil and criminal findings, orders and dispositions and to identify the specific measures to take to enhance access to justice for immigrant victims of domestic violence and trafficking.

added 03/03/2010

Introducing Expert Testimony to Explain Victim Behavior in Sexual and Domestic Violence Prosecutions (PDF)

Jennifer G. Long

"This monograph sets forth recommended practices for addressing victims behavior in a sexual or domestic violence prosecution, and providing an accurate context in which a jury can evaluate a victim's behavior."

added 02/19/2010

Investigating Sexual Assaults: Concepts and Issues Paper (PDF)

This paper was developed to accompany the Model Policy on Investigating Sexual Assaults developed by the IACP National Law Enforcement Policy Center. The paper provides essential background material and supporting documentation to provide a greater understanding of the developmental philosophy and implementation required for the model policy. It also addresses field investigative procedures and best practices for working with victims of criminal sexual violence.1 This material is designed to assist law enforcement executives in tailoring the model policy to the requirements and circumstances of their own communities and agencies.

added 09/19/2011

Judicial Oversight Demonstration Initiative

Vera Institute of Justice

Provides an overview of the Judicial Oversight Demonstration Initiative and a summary of each of its three demonstration sites.

added 10/11/2005

La Crosse County Domestic Violence Safety and Accountability Audit Phase 2: Post-Arrest through Prosecution, Findings and Recommendations, 2007 (PDF)

Domestic Violence Intervention Project

"The La Crosse County Safety Audit explored how post-arrest and prosecution responses to domestic violence cases in La Crosse County enhance or diminish victim safety and batterer accountability. This report sums up the audit and identifies gaps to address in the ongoing intervention in domestic violence in La Crosse County. Findings and recommendations are also provided."

added 04/04/2010

La Violencia Sexual En Contra de Trabajadores Agricolas: Un Manual Para Los Profesionales En Justicia Criminal (PDF)

El objetivo de este manual es aumentar el conocimiento y habilidades de los profesionales en la justicia criminal para que puedan servir mejor a los campesinos quienes han experimentado violencia sexual. Este manual provee explicaciones útiles sobre la vida y trabajo de los campesinos, así como asuntos únicos que impactan los servicios que usted provee. Cada sección presenta un tema definido, y termina con preguntas diseñadas para comprometerlo a asistir mejor a las víctimas de violencia sexual en su comunidad.

added 09/19/2011

Model Policy for Prosecutors and Judges on Imposing, Modifying and Lifting Criminal No Contact Orders (PDF)

Jennifer G. Long, Christopher Mallios, & Sandra Tibbets Murphy

The goals of the criminal justice system in a domestic violence case are to seek justice, protect the victim and the community, hold the offender accountable for his crimes, prevent and deter future crime, and rehabilitate the abuser. Criminal no contact orders are an effective tool to help protect victims of domestic violence during the pendency of criminal prosecution. Such no contact orders are designed to prevent individuals who have been arrested for domestic violence from contacting the victim and they are commonly used as restrictions placed on defendants prior to the final case disposition. No contact orders are intended to protect the victim, victim’s family, and the community. Such orders are imposed sua sponte by the court or upon request of the prosecution and are increasingly viewed as an appropriate response to criminal domestic violence. The filing of criminal charges and issues of criminal no contact orders alone, however, do not keep victims safe and require prosecutors and judges to consider various factors, in addition to the wishes of a particular victim, when determining whether to impose or maintain a criminal no contact order or release condition. Participants in the criminal justice system must understand the competing factors that make these decisions so important, including a victim’s wishes. This publication provides prosecutors and judges with strategies to maximize victim safety and offender accountability, while minimizing the potential collateral consequences to a victim. This publication encourages prosecutors and judges to develop and implement a process to gather timely and accurate information about risk and lethality, a particular victim’s wishes and motivations, and possible negative consequences in order to best determine when to impose or maintain a no contact order in the face of a victim’s opposition.

added 01/04/2011

Model Tribal Domestic Violence Full Faith and Credit Ordinance

Full Faith and Credit Project

A sample document of a tribal domestic violence full faith and credit ordinance.

added 10/26/2005

Monitoring Protection Order Hearings: An Annotated Bibliography (PDF)

This annotated bibliography was developed for court monitoring projects focusing on the issuance and enforcement of protection orders as their topic area. Resources in this bibliography can be used to help you design your court monitoring project, provide information to members of your advisory team, or develop findings and recommendations for your final report.

added 04/20/2011

Penalties for Interstate Stalking, Interstate Domestic Violence, Interstate Violation of A Protection Order

Descriptions of statutes and penalties for violations.

added 01/09/2006

Performance Measures for Specialized Domestic Violence Courts (PDF)

Developing a set of performance measures provides a means of objectively assessing programs, products, activities, or services. A formal system for measuring the performance of domestic violence courts is also an essential step in long term institutionalization of these courts. It is recommended that this data is tracked both pre and post implementation of the domestic violence court in order to assess the full impact of the program. Categorized by the following headings: Enhancing Victim Safety, Processing, Offender Accountability and Interaction with Other Agencies, this document lists performance measures under each heading for courts to use.

added 12/12/2011

Predictors of Program Outcome and Recidivism at the Bronx Misdemeanor Domestic Violence Court (PDF)

Nora K. Puffet and Chandra Gavin

In this study, the authors examine cases in the Bronx for possible correlates of program mandate non-completion and recidivism. A literature review of domestic violence prevention and intervention programs is presented followed by the research study and outcomes.

added 03/14/2010

Progress Report on Full Faith and Credit Enabling Legislation: 2000

Full Faith and Credit Project

Although the full faith and credit provision of the Violence Against Women Act (VAWA) explicitly directs states, union territories, and Indian tribes to enforce protection orders issued by sister states, territories, and tribes, it does not prescribe any specific enforcement procedures but instructs them to establish their own. This chapter provides a comprehensive view of the impact of the provision upon various jurisdictions.

added 10/26/2005

Project Leadership in Multi-System Change Efforts to Address the Co-Occurrence of Domestic Violence and Child Maltreatment (PDF)

National Council of Juvenile and Family Court Judges

"This document shares many of the leadership lessons from the perspective of the Greenbook project directors and is one of several publications that document the Greenbook sites’ experience."

added 12/03/2009

Prosecuting Alcohol-Facilitated Sexual Assault (PDF)

Teresa P. Scalzo for the American Prosecutors Research Institute

"This monograph discusses the prosecution of AFSA with a specific focus on AFSA when the victim is voluntarily intoxicated. It begins with a basic overview of toxicology. Next, it suggests a three-step process for prosecuting AFSA cases: (1) making the charging decision; (2) analyzing credibility and corroboration; and (3) trying the case. Finally, the monograph provides techniques for overcoming common defenses."

added 02/19/2010

Prosecution Diversion in Domestic Violence: Issues and Context (PDF)

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 in cases involving domestic violence.

added 04/04/2010

Reasonable Efforts Checklist for Dependency Cases Involving Domestic Violence (PDF)

"This checklist includes easy reference bench cards for judges to consult during removal, adjudication, disposition, review, permanency, and termination hearings involving domestic violence. It is designed to aid judges in making reasonable efforts findings that are required by federal law in dependency cases involving domestic violence."

added 12/13/2009

Report of the Henry County, Ohio, Child Custody and Domestic Violence Safety and Accountability Audit

A Safety Audit asks how something comes about and looks at institutional processes, not individual job performance. The constant focal point is the gap between what people experience and need and what institutions provide. This summary provides an overview of the Henry County Safety Audit’s key findings and recommendations related to domestic violence and decisions regarding child custody and parental access. The full report includes a detailed analysis and discussion of each gap and a description of the Safety Audit approach to studying community systems and institutions. While certain aspects of case processing and interventions related to domestic violence and child custody are distinctly local, what happens in Henry County or any other community occurs within state laws and rules, as well as within structures and theories characteristic of the United States’ legal system and professional discourses about children, mothers, fathers, divorce, and domestic violence. The Henry County Safety Audit has raised questions and issues that are common to all jurisdictions and the disciplines and institutional processes that shape responses to domestic violence and child custody.

added 04/27/2011

Safety and Accountability: The Underpinnings of a Just Justice System

Barbara J. Hart, Esq

This paper first briefly describes domestic violence. It then discusses the constructs of safety and accountability. Finally it examines how court administration and the judiciary might fully respond to these underpinings of justice for adult and child victims of domestic violence.

added 01/10/2006

Sex Offender Registration and Notification in Indian Country

This report provides recommendations on how Tribes can best protect their sovereignty while substantially complying with SORNA’s mandatory requirements of sex offender registration and notification.

added 02/19/2010

Sexual Violence Against Farmworkers: A Guidebook for Criminal Justice Professionals (PDF)

The goal of this guidebook is to increase the knowledge and skills of criminal justice professionals so that you can better serve farmworkers who have experienced sexual violence. It provides helpful explanations about the life and work of farmworkers as well as unique issues that may impact the services you provide. Each section presents a distinct topic, concluding with questions designed to engage you in better assisting farmworker victims of sexual violence in your community.

added 09/19/2011

Specialized Criminal Domestic Violence Courts

Julie A. Helling

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.

added 10/26/2005

STRATEGIES In Brief Issue #10: Protecting the Victim's Privacy: United States v. Morris (PDF)

This In Brief provides an overview of United States v. Morris, a discussion on introducing expert testimony to explain victim behavior, and a discussion on protecting the privacy interests of victims.

added 04/18/2012

STRATEGIES In Brief Issue #11: Stalking: Effective Strategies for Prosecutors

Allied criminal justice professionals and others with expertise in detecting and responding to stalking crimes understand the intense anxiety suffered by stalking victims and the link between stalking and other violent crimes, including arson, burglary, physical assault, and homicide. Unfortunately, despite growing public awareness of the prevalence of stalking and the dangerousness posed by stalkers, there remains a lack of information and knowledge of how to identify and respond to stalking techniques that are growing with technological advances and emboldened perpetrators. Further, victims still report that the criminal justice system minimizes –or deprioritizes--stalking-related crimes when they are reported. Prosecutors and other allied professionals can employ several strategies to improve their response to these crimes. This article includes three key strategies for successful investigations and prosecutions.

added 04/18/2012

STRATEGIES In Brief Issue #12: Making it Stick: Protecting the Record for Appeal (PDF)

Obtaining a conviction in a sexual assault or domestic violence case is usually a hard-won victory, whether by guilty plea or by trial. Having finally achieved a measure of justice in such a case, the last thing the prosecutor wants is to be forced back to the drawing board to re-try (or to re-negotiate) the case due to reversal on appeal. During the months or years it takes for a case to wend its way through the appellate process, evidence loses its freshness, memories fade, and witnesses who were cooperative during the initial proceedings may now be difficult to locate or reluctant to testify a second time. A reversal on appeal can be devastating to the victim, who may have been progressing in her recovery not only from the act of violence itself, but from the stress and uncertainty that accompany the criminal trial process.

added 05/02/2012

STRATEGIES In Brief Issue #1: And Then There Was One: A Recent Minnesota Supreme Court Decision Has Left Pennsylvania as the Only State That Disallows Expert Testimony to Explain Victim Behavior (PDF)

Christopher Mallois, JD

On March 24, 2011, the Minnesota Supreme Court clarified that in sexual assault cases, the prosecution can admit expert opinion testimony to explain the typicality of delayed reporting, lack of physical injuries and the reasons therefore, and passive resistance by victims during the attack. The prosecutors in State v. Obeta, did a skillful job of creating a strong trial court record that inevitable led the Minnesota Supreme Court to logically conclude that expert testimony is admissible and necessary to explain common victim behavior in sexual assault cases. This case note will explain the holding in Obeta and outline the prosecution's successful strategy to bring Minnesota in line with almost every other American jurisdiction to permit the admissibility of expert testimony to explain c0ommon victim behaviors in sexual assault cases.

added 09/13/2011

STRATEGIES In Brief Issue #2: Understanding the U.S. Supreme Court's Decision on Post-Trial DNA Testing in Osborne (PDF)

Christopher Mallois, JD

In District Attorney v. Osborne, 128 S.Ct.2308 (June 19, 2009), the United States Supreme court held that criminal defendants do not have a federal due process right to post-trial DNA testing.There are many valid reasons why these tests should not be done in Osborne's case, and why the Supreme Court's decision to deny the existence of a federal due process right to post-trial DNA testing--a position supported by the U.S. Department of Justice--was a victory for victims and for prosecutors. To fully understand the decision, however, a review of the facts and case is necessary.

added 09/13/2011

STRATEGIES In Brief Issue #3: Supreme Court Clarifies Miranda (PDF)

On February 24, 2010, the United States Supreme Court decided Maryland v. Shatzer, 559 U.S.___(2010), in which it reinstated a defendant's child sexual abuse conviction and announced a new rule that permits the police to resume questioning of suspects who invoke their rights to remain silent after 14 days pass after they are released from police custody. This in-brief provides information on facts and holding related to the courts opinion.

added 12/09/2011

STRATEGIES In Brief Issue #4: Miranda Under the Microscope Again (PDF)

On June 1, 2010, the United States Supreme Court rendered its opinion in Berghuis, Warden v. Thompkins, 560 U.S.___(2010), a case involving an individual's waiver of his right to remain silent pursuant to Miranda v Arizona. The Court held that after properly administering the Miranda warning, police did not need an express or implied waiver of rights before they interrogated the suspect and that the suspect in this case failed to clearly invoke his right to remain silent by simply remaining mostly silent during the interrogation. This In-Brief covers facts, the decision, and the impact of the courts opinion.

added 12/09/2011

STRATEGIES In Brief Issue #8: The Benefits of Specialized Prosecution Units in Domestic and Sexual Violence Cases (PDF)

This In-Brief explores the benefits of specialized prosecution units in domestic and sexual violence cases by looking at collaboration with allied partners and the process-oriented approach, concentrated trial experience, focused training, and vicarious trauma.

added 12/09/2011

STRATEGIES In Brief Issue #9: Supreme Court Clarifies the "Ongoing Emergency" in Michigan v. Bryant (PDF)

This In Brief discusses the facts and the decision of the US Supreme Court case Michigan v. Bryant. The authors then discuss the importance of this case in provided criminal justice practitioners with guidance on what constitutes an ongoing emergency and how this impacts domestic violence ans sexual assault cases.

added 04/18/2012

Testifying About Lethality Risk Factors

This document provides information about "lethality risk factors, which are helpful in assessing the batterer’s potential to kill or cause death."

added 02/18/2010

The Full Faith and Credit Project

An overview of the Full Faith and Credit Project, including their history, mission, and plans for the future. Updated June 2000.

added 10/26/2005

The Greenbook Initiative: Lessons Learned from the Domestic Violence Community

The Greenbook Initiative

"Video interviews with five of the demonstration sites to highlight some of the lessons learned and common themes that emerged over the course of the initiative."

added 12/03/2009

The Impact of Parental Kidnapping Laws and Practice on Domestic Violence Survivors

National Clearinghouse for the Defense of Battered Women

This report demonstrates how parental kidnapping laws effect domestic violence survivors.

added 04/18/2006

The Probation Response to Supervision of Women Who Are Abused

Sherry Frohman and Connie Neal

This Violence Against Women Online Resources commissioned document summarizes the existing knowledge on probation's supervision of women who are abused. The document provides specific information on the role of probation in response to domestic violence cases, safety strategies for women who are abused during probation supervision, and considerations for court ordered referrals that are dangerous.

added 07/27/2005

The Role of Judges in Enforcing Full Faith and Credit

Susan B. Carbon, Peter C. MacDonald, Michael

It is incumbent upon judges to ensure that the process of issuing valid protection orders meets the constitutional requirements of due process so as to ensure that those orders are enforceable nationwide. This chapter defines a valid protection order and delineates the judge's role in both certification of compliance and enforcement of VAWA across state and tribal jurisdictions.

added 01/10/2006

Toolkit to End Violence Against Women (PDF)

National Advisory Council on Violence Against Women and the Violence Against Women Office

To provide concrete guidance to communities, policy leaders, and individuals engaged in activities to end violence against women developed the Toolkit To End Violence Against Women. The recommendations contained in the Toolkit were reviewed by numerous experts in the fields of sexual assault, domestic violence, and stalking. Each Toolkit chapter focuses on a particular audience or environment and includes recommendations for strengthening prevention efforts and improving services and advocacy for victims.

added 01/14/2002

Tribal Domestic Violence Case Law: Annotations for Selected Tribal Cases Related to Domestic Violence (PDF)

"This compendium is designed to assist tribal judicial officers in understanding how some tribal governments have handled certain legal issues within the context of domestic violence cases."

added 02/19/2010

Two Decades of Specialized Domestic Violence Courts

An overview of the research literature on specialized domestic violence courts, this paper provides a summary of the current state of the field, an analyses of domestic violence court characteristics and goals, and a review of major research findings concerning court impacts on case processing, stakeholder coordination, informed decision-making, offender accountability, recidivism, victim safety, and victim services.

added 12/07/2011

Victim-Defendants: An Emerging Challenge in Responding to Domestic Violence in Seattle and the King County Region

Meg Crager, Merril Cousin, and Tara Hardy

This report contains information for practitioners and policy-makers in criminal justice and community-based agencies who share the goal of ensuring safety, justice, and support for domestic violence survivors who commit domestic violence-related crimes. The authors welcome feedback from readers on whether they know of programs specifically for DV survivors who have been arrested and charged with DV-related crimes. This information would be added to an updated report. Feedback can be sent to info@kccadv.org.

added 08/06/2003

What is the Center for Court Innovation’s Domestic Violence Court Planning Toolkit? (PDF)

The materials in the Toolkit are based on best practices identified through the Center for Court Innovation’s work with domestic violence courts. The Toolkit is not a training device but a framework to guide planning activities from initial assessment to implementation and evaluation. The Center has developed the Toolkit to be used by an audience with varying levels of domestic violence and court expertise. This document describes the Toolkit and how to obtain a copy of it.

added 03/30/2012

What Makes a Domestic Violence Court Work? Key Principles

Robyn Mazur and Liberty Aldrich

This document presents the New York State Model as an example of promoting victim safety and defendant accountability in cases involving domestic violence. The article concludes that although domestic violence courts can play an important role in increasing accountability for defendants and safety for victims, broader systems change is needed.

added 03/14/2010