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   <header name="vawheader" />

   <titles>
      <title>Working Effectively with the Police</title>

      <subtitle>A Guide for Battered Women's Advocates</subtitle>
   </titles>

   <authors>
      <author>
         <name>Jane Sadusky</name>

         <affiliation>Battered Women's Justice
         Project</affiliation>
      </author>
   </authors>

   <dates>
      <publication>1994</publication>

      <revision>August 2001</revision>
   </dates>

   <toc />
	<section>
      <title>Introduction</title>

      <p>
         <em>If a man assaulted a pregnant friend of yours on the
         street and beat her until he broke her jaw, punched her
         repeatedly in the stomach, broke two of her ribs, who
         would you call? A psychiatrist or a cop?</em>

         <footnote>Louise Armstrong, The Home Front: Notes from the
         Family War Zone, New York: McGraw-Hill, 1983.</footnote>
      </p>

      <p>A cop, of course. Police play a critical role in the
      quality and timeliness of protection available when someone
      turns violent.</p>

      <p>In our society, we turn to the police to intervene in
      violence. We call them for protection: our own, a neighbor's,
      a stranger's on the street. With the availability of 911
      emergency dispatch, their presence is often immediate. We
      believe and trust that they will protect us. Police officers
      carry the authority to legally remove an assailant, using
      force to do so if necessary. Police officers initiate the
      investigation that a prosecutor relies on when bringing a
      domestic violence case to court.</p>

      <p>Historically, however, women who faced violence in their
      homes could not rely on police protection. Since the larger
      community saw domestic violence as a private matter, police
      were trained to respond accordingly. The community and the
      criminal justice system expected officers to be involved in
      only the most extreme, isolated cases. Euphemisms for
      violence reflect this detachment: "family trouble," "domestic
      dispute," "husband-wife spat," "a domestic." Police training
      discouraged arrest and state laws prohibited warrantless
      arrests for misdemeanor crimes. Police were directed to
      either defuse the situation or attempt to mediate the
      "dispute," reinforcing a perception of the victim and
      assailant as equal parties with equal power over each other's
      behavior.</p>

      <p>
         <em>Victims were left feeling confused and at fault.
         Having turned to the police for help, they were left
         blaming themselves for even bothering to call. Battered
         women turned to police with one set of expectations but
         the police responded with another, influenced by training
         and public expectations.</em>
      </p>
   </section>

<section>
      <title>A Vision for Change</title>

      <p>For many years, advocates have pushed the criminal justice
      system to act promptly and fairly to protect battered women.
      While a system that large does not change easily or quickly,
      an increased understanding of the dynamics of violence by its
      practitioners and the public challenge to violence against
      women have encouraged a new response.</p>

      <p>Over the past twenty years, much energy has gone into
      reshaping police practice. By means of meetings, lawsuits,
      policies, and legislation, advocates have insisted that
      police respond to domestic violence as a crime. In a growing
      number of communities, policein partnership with advocates
      and other community institutionsare intervening to protect
      victims, hold assailants accountable, and challenge the
      social underpinnings of domestic violence.</p>

      <p>The strength of this coordinated intervention lies in the
      consistency and uniformity of its message: physically abusive
      behavior is against the law, regardless of the relationship
      between the assailant and the victim. If you are violent
      toward your partner, the community will hold you accountable
      through its police, courts, and other institutions. 
      <footnote>For a survey of changes in police and criminal
      justice response to domestic violence, see: Melanie F.
      Shepard and Ellen L. Pence, Coordinating Community Responses
      to Domestic Violence: Lessons from Duluth and Beyond,
      Thousand Oaks, CA: Sage Publications, 1999; Joan Zorza, "The
      Criminal Law of Misdemeanor Violence, 1910-1990," Journal of
      Criminal Law and Criminology, 83 (Spring 1992), 46-72. Also:
      Ellen Pence et al., The Justice System's Response to Domestic
      Assault Cases: A Guide for Policy Development, Duluth:
      Minnesota Program Development, Inc., 1989. For a
      comprehensive bibliography of publications regarding domestic
      violence, see Nancy Egan, "The Police Response to Spouse
      Abuse: A Selective, Annotated Bibliography," Law Library
      Journal, Vol.91:3, 1999.</footnote>
      </p>

      <p>Police can be active partners in this change, as they are
      in several pioneering communities. For example, police now
      play key roles in the community intervention efforts of
      Colorado Springs, San Francisco, Duluth (MN), Quincy (MA),
      Madison (WI), San Diego, and Seattle. In those cities, police
      have changed when and how they make arrests, conduct
      investigations, and write reports. They have changed their
      relationships with and the level of support they provide to
      prosecutors and victim advocates.</p>
   </section>

   <section>
      <title>Advocacy</title>

      <p>The variety and strength of support offered to battered
      women has also significantly expanded in the last two
      decades. As community-based advocates have pushed police,
      prosecutors, hospitals, and social service agencies to
      respond to domestic violence, these systems have developed
      new policies and services.</p>

      <p>The title 
      <em>advocate</em>

      has been applied to a wide range of victim assistance work.
      We have learned, however, that the alignment of a
      positionnamely, how and where a practitioner worksinfluences
      its function and the degree to which it can affect
      system-wide change. Here, we make a distinction between
      victim services delivered within a governmental or
      quasi-governmental system, and advocacy for change from the
      outside.</p>

      <p>Maintaining a voice outside these systems is central to
      advocacy. Advocacy requires that the needs of battered women,
      individually and as a class, come first. This purpose can
      conflict with the interests of the criminal justice system as
      it focuses on arrest, prosecution, and sentencing.</p>

      <p>In an effort to improve law enforcement's understanding of
      domestic violence, and its response to battered women,
      advocates have begun to work directly with police, in both
      coordinated community response projects and on-scene crisis
      response teams. To maintain their distinct role, advocates
      must be mindful of the challenges that come with increased
      police collaboration and partnership. Creating police change,
      and broader system change, requires that we understand
      ourselves as advocates: our own attitudes, functions, job
      structures, and purposes. 
      <footnote>For a discussion of the challenges to advocates and
      the unintended consequences of working within systems, see
      Stephanie Avalon, Advocacy and the Battered Women's Movement,
      October 1999, available from the Battered Women's Justice
      Project Criminal Justice Center, 800-903-0111. Also: Melanie
      Shepard, Advocacy for Battered Women: Implications for a
      Coordinated Community Response, supra, note 2. For a
      discussion of "woman defined advocacy" as distinct from
      "service defined advocacy," see Jill Davies, Eleanor Lyon,
      and Diane Monti-Catania, Safety Planning with Battered Women:
      Complex Lives/Difficult Choices, Sage Publications,
      1998.</footnote>
      </p>
   </section>

   <section>
      <title>The Change Process</title>

      <subsection>
         <title>Attitudes</title>

         <p>Our personal history shapes our response to domestic
         violence. Whether officer or advocate, our reactions are
         grounded in our thoughts and experiences about women, men,
         marriage, relationships, power, control, families, and
         violence. Our distinct backgrounds, shaped by race,
         gender, class, family of origin, friendships, and cultural
         influences, mold our attitudes and influence our response
         on the scene. The challenge to police officers and
         advocates alike is recognizing how these attitudes affect
         our work.</p>

         <p>Policing, for example, remains an overwhelmingly male
         profession. In 1999, women represented only 14.3% of the
         officers in larger law enforcement agencies (those having
         one hundred or more officers). 
         <footnote>Based on surveys conducted by the National
         Center for Women and Policing (NCWP) and the Bureau of
         Justice Statistics. Cited in 
         <a
         href="http://www.womenandpolicing.org/Final_1999StatusReport.htm">
         Equality Denied: The Status of Women in Policing,
         1999.</a>
         </footnote>

         Male officers who enter policing are exposed to the same
         cultural messages about women and violence as other men. A
         male officer who arrives at the scene of a domestic
         violence crime may himself be controlling or violent
         toward his partner. 
         <footnote>
            <ul>
               <li>According to Diane Wetendorf, "a police
               officer's training and professional status add extra
               levels of sophistication to his style of
               psychological and physical battering." She is the
               author of Police Domestic Violence: A Handbook for
               Victims, Life Span, Inc., 847-824-0382.</li>

               <li>The International Association of Chiefs of
               Police has developed a set of guidelines and
               procedures for cases in which officers are
               perpetrators: 
               <a
               href="http://www.theiacp.org/documents/pdfs/Publications/DomViolenceModelPolicy.pdf">
               http://www.theiacp.org/documents/pdfs/Publications/DomViolenceModelPolicy.pdf</a>
               </li>

               <li>The National Center for Women and Policing cites
               research by Peter H. Neidig, Harold E. Russell, and
               Albert F. Seng showing that up to 40% of officers
               commit domestic violence: 
               <em>Interspousal Aggression in Law Enforcement
               Families: A Preliminary Study,</em>

               Police Studies, Spring 1992.</li>
            </ul>
         </footnote>

         Or, he may be operating under a cloud of resentment
         because he believes the new sergeant got the job he
         competed for "just because she's a woman." He may be one
         of those officers who believe that women do not belong
         anywhere in 
         <em>his</em>

         profession. All of these attitudes can influence his
         response to the call.</p>

         <p>For the few women in policing, domestic violence calls
         may be seen as a no-win situation. If a female officer is
         isolated within an unsupportive or hostile agency, she may
         feel pressure to be contemptuous of women who have been
         battered. She may want to distance herself from other
         women, particularly those seen as weak and vulnerable
         enough to be battered. She may resist doing a thorough job
         on domestic violence cases if those calls are not
         considered by her peers to be 
         <em>real</em>

         police work. She may live with an abusive partner.</p>

         <p>In impoverished and in culturally and racially distinct
         communities, police action may be characterized by
         distrust and tension. Battered women may face significant
         dilemmas when weighing their needs for police protection
         against the negative impact of police presence in their
         communities. Officers who live in these communities may
         feel personal pressure to try to bridge their law
         enforcement role and their community's negative experience
         with police.</p>

         <p>The unusual strength of the police culture is largely
         attributable to two factors. First, the stressful and
         apparently dangerous nature of the police role produces
         collegiate bonds of considerable strength, as officers
         feel themselves besieged in an essentially hostile world.
         Second, the long hours and the rotating shifts kill most
         prospects for a normal (wider) social life; thus, the
         majority of an officer's social life is confined to his or
         her own professional circle. 
         <footnote>Malcolm K. Sparrow, "Implementing Community
         Policing," John F. Kennedy School of Government's
         Perspectives on Policing, Cambridge, MA: Harvard
         University Press, No. 9 (November 1988). Also, Wesley G.
         Skogan, et.al., On the Beat: Police and Community Problem
         Solving, Boulder, CO: Westview Press, 1999.</footnote>
         </p>

         <p>Policing can be an isolating profession. As Malcolm
         Sparrow notes, the long hours and rotating shifts push
         officers into each other's company, reinforcing a closed,
         defensive organizational culture. It is important that
         advocates also understand these dynamics when attempting
         to influence change.</p>

         <p>Promoting change in policing requires an appreciation
         of the many demands on officers, from community members
         and other advocacy organizations, to their sergeants and
         the district attorney. At the same time that advocates
         present their case for improved response to domestic
         violence, other interestsfrom crimes against the elderly
         and drunk driving, to speeding on Main Street, computer
         fraud, and Internet crimeswill vie for police
         attention.</p>

         <p>Advocates attempting to influence police practice must
         acknowledge that they know little about what police work
         is truly like. Like most of the public, our understanding
         of police work is derived largely from fiction:
         television, movies, and best-selling novels. While there
         is a thread of truth in the images of nonstop, sensational
         calls, it is a limited and one-dimensional view. Policing
         is far more complex in the nature and breadth of its
         interactions with the public. Like any profession, police
         officers resist uninformed outsiders telling them what to
         do. Advocates in a battered women's shelter would be taken
         aback, and more than a little defensive, if the local
         police department appeared with a list of policy and
         training demands dictating how the shelter should be run.
         Our negotiations and discussions about police reform will
         lack credibility, if not accuracy, if we cannot show some
         familiarity with the realities of the job. To develop a
         better understanding of policing, advocates should seize
         opportunities to ride with patrol officers and observe
         officers in other assignments.</p>

         <p>Most officers, however, acknowledge a level of public
         accountability for police that is higher than for other
         governmental agencies. They accept that it is reasonable
         to hold police work to a higher standard because of their
         authority to detain and use force.</p>

         <p>Increasingly, as community-policing strategies are
         adopted (see discussion on page eight), some police
         organizations are redefining their roles to reflect
         stronger expectations of community service. This, in turn,
         attracts police recruits who have different backgrounds
         and expectations than their predecessors. In the end, the
         most effective way to change police attitudes may be
         through recruitment and selection. Advocates should work
         to ensure that police departments recruit officers who
         bring or can develop a high-level awareness of the
         dynamics of violence against women. Ideally, new officers
         will come from diverse backgrounds and life experiences,
         and will possess the curiosity to welcome new approaches
         and ideas.</p>
      </subsection>

      <subsection>
         <title>Function</title>

         <p>Organizational change comes from altering how people
         see their function in the criminal justice system and how
         they carry out the work assigned to them. Advocates who
         want to alter the way criminal justice institutions
         respond to domestic violence need to understand the role
         of each practitioner, the connections between them, and
         the significance of structure, policy, and training.</p>

         <p>For example, if dispatchers see their function as
         managing trafficdirecting individual officers to respond
         to isolated calls for servicethey will not gather the
         information needed to successfully prosecute a crime, or
         to protect officers and the public. However, if
         dispatchers see their function as the start of an
         investigative process, they will ask questions that
         initiate evidence collection and enhance officer and
         victim safety. Their tapes and logs can provide evidence
         that corroborates injuries, documents a caller's fear for
         her safety, and identifies possible witnesses. Dispatchers
         who operate in the broader context of an investigation
         will inform responding officers about possible weapons,
         prior calls, and any restraining orders on record. They
         will be the first link in establishing probable cause for
         arrest.</p>

         <p>If police officers see their function as getting in and
         out of a domestic violence call quickly without having to
         come back during their shift, they will not be concerned
         with establishing probable cause for an arrest or
         collecting evidence to support prosecution. If their role
         is to diffuse the immediate situation and get on to the
         next call, there is little time to provide victim support.
         They may actually discourage a victim's involvement by
         questioning whether she wants to "press charges," pointing
         out how inconvenient it will be, or leaving the impression
         that they might arrest her if they have to return. They
         may resort to dual arrest instead of investigating
         questions of self-defense or predominant aggressor.</p>
      </subsection>

      <subsection>
         <title>Job Structure</title>

         <p>The mechanics of a job must also be included in reform
         efforts. It is essential, albeit sometimes difficult, to
         alter the patterns by which practitioners collect and
         share information. Forms, procedures, and regulations are
         the backbones of institutions, and largely shape
         practitioners' priorities. Any discipline, including law
         enforcement, has a rigid system of information collection
         and documentation. What a report or form asks for, and who
         sees it, greatly influences what questions are asked and
         documentedor never asked at all.</p>

         <p>Existing police structures tend to be mechanistic and
         highly centralized. Headquarters is the brain that does
         the thinking for the whole organization. 
         <footnote>Sparrow, supra, note 4, at 4.</footnote>
         </p>

         <p>In the short term, this structure might promote
         top-down changes in policy that direct officers to respond
         to domestic violence calls in a prescribed way. There are
         some long-term problems with this process, however, as
         Sparrow notes.</p>

         <p>New ideas are never conceived, evaluated, and
         implemented in the same place, so they are seldom "owned"
         or pursued enthusiastically by those in contact with the
         community...[This approach] allows for no sensitivity
         either on a district level (i.e., to the special needs of
         the community) or on an individual level (i.e., to the
         particular considerations of one case). 
         <footnote>Id., at 2. For a more detailed discussion see
         Herman Goldstein, Problem-Oriented Policing, New York:
         McGraw-Hill, 1990.</footnote>
         </p>
      </subsection>

      <subsection>
         <title>Professional Literature</title>

         <p>Literature, discussion, and research in the field
         influence every profession. Knowing where police get their
         information is an important element in the change process.
         On a local level, it means understanding and contributing
         to the sources of information that shape policy and
         practice. On a national level, it means questioning
         research which misses the nature of domestic violence and
         its significance to police response.</p>

         <p>For most patrol officers, professional literature is
         not the academic publications such as the 
         <em>American Journal of Police</em>

         or 
         <em>Journal of Family Violence</em>

         . The everyday sources of information are trade journals,
         such as 
         <em>Police Chief, Police, Law and Order, Law Enforcement
         News, Crime Control Digest, Community Policing
         Exchange,</em>

         and the 
         <em>FBI Law Enforcement Bulletin</em>

         . Practitioners, those whose daily and primary job is
         policing, usually contribute to these publications. The
         articles are not research studies, but reports on
         different opinions, tactics, or policies the author holds
         or has experienced. 
         <footnote>Some examples of police trade journal articles
         dealing with domestic violence: Daniel Schofield,
         "Domestic Violence: When Do Police Have a Constitutional
         Duty to Protect?" FBI Law Enforcement Bulletin, January
         1991. From Law and Order: Charlotte Anne Smith, "Tulsa PD
         Developing Domestic Violence Squad," September 1994. John
         Hoffman, "Obtaining Convictions in Domestic Violence
         Cases," September 1993. David L. Hinds, "Domestic Violence
         Documentation," July 1993.</footnote>
         </p>

         <p>Trade journal articles focus increasingly on a
         proactive police response, accepting as a given that
         police will respond to domestic violence as a crime. The
         question they pose is not whether to become involved, but
         how to do so most effectively. They are a good source of
         information for advocates seeking to learn more about
         police response and develop training resources. While
         police officers are also influenced by academic journals,
         most professionals in the criminal justice system are
         exposed to research studies by means of popular reports.
         If the media account is weak, uncritical, or promotes a
         single or simplified aspect of the research, few officers,
         like most of us, will go beyond it to examine the source.
         They are also unlikely, lacking both time and access, to
         seek out analyses and critiques from sources who can
         review research within the context of working with women
         who have been battered.</p>

         <p>The Internet offers police and advocates access to an
         ever-growing body of literature about policing and
         domestic violence. The National Criminal Justice Reference
         Center, for example, provides on-line access and printable
         versions of National Institute of Justice research
         findings and publications by the Office of Community
         Oriented Policing, Office of Justice Programs, and other
         federal agencies, plus links to many related sites. 
         <footnote>The National Criminal Justice Reference Service
         website is at 
         <a href="http://www.ncjrs.org">http://www.ncjrs.org</a>

         . Another resource for literature about police response to
         domestic violence is the Violence Against Women Online
         Resources site, a cooperative project between the Violence
         Against Women Office (USDOJ) and the Minnesota Center
         Against Violence and Abuse at the University of Minnesota
         (MINCAVA): 
         <a href="http://www.vaw.umn.edu">
         http://www.vaw.umn.edu</a>

         .</footnote>
         </p>
      </subsection>
   </section>

   <section>
      <title>Working with Police: General Guidelines</title>

      <p>In addition to understanding the elements of change
      discussed in the Introductionattitudes, function, structure,
      and literaturesome specific techniques will help you develop
      a relationship with the police in your community and further
      your efforts to make real change. These guidelines have a 
      <em>tried-and-true</em>

      quality, having been articulated almost twenty years ago by
      Nancy Loving and used by many advocates in the intervening
      decades. They apply equally to working with other parts of
      the criminal justice system: prosecutors, courts, and
      corrections. Loving's advice meshes well with the qualities
      of community policing: partnership, collaboration, and
      problem solving. 
      <footnote>Many of the steps listed here were first defined by
      Nancy Loving in Working with Police: A Guide for Battered
      Women's Advocates, Washington DC: Police Executive Research
      Forum, 1982.</footnote>
      </p>

      <ul>
         <li>Develop a factual understanding of the nature and
         scope of domestic violence in your community: number of
         calls to law enforcement, number of women seeking shelter
         and other services, examples of the violence and abuse
         women experience, response of other criminal justice
         agencies, and services available to victims and
         offenders.</li>

         <li>Document agency practices, such as: how many calls
         come in, how they are classified, how many arrests are
         made, who is arrested, the kinds of referrals made, when
         reports are written, and the kind of investigation
         conducted in domestic violence cases.</li>

         <li>Identify problem areas: are police not responding, not
         investigating, not arresting, not making reports? Are
         police arresting victims? If there are problems with
         policy compliance with policies, how widespread is the
         problem? Is it a matter of certain shifts, officers, or
         types of calls? Is it a misunderstanding about policy or
         law?</li>

         <li>Give careful thought to how problems are identified.
         Sharing stories around the lunch table is one way, but
         it's not the most complete source of information. A single
         case or incident may or may not reflect system-wide
         problems. Requests to change policy or practice must be
         grounded in sound problem identification, using a variety
         of data collection methods, depending upon the scope and
         breadth of the issue. These might include surveys of
         support groups, focus group discussions, ride-alongs and
         interviews with officers, or analysis of multiple police
         reports.</li>

         <li>Research the players: know the individuals and
         agencies, the control they exercise, and their
         decision-making authority.</li>

         <li>Select a type of approach based upon the community and
         the law enforcement agencies and individuals: collaborate,
         campaign, or confront, or do all three, in response to the
         issues and police response. Give careful thought to
         specific strategies.</li>

         <li>Identify potential supporters both within the law
         enforcement agency and throughout the community.</li>

         <li>Prioritize your change efforts. Be realistic, yet
         challenging, and be clear about what's most
         important.</li>

         <li>Think ahead: know what you want to come out of every
         meeting and what action you will take if your proposals
         are rejected or your strategy fails.</li>
      </ul>

      <p>Not every situation or interaction with police requires
      that you use all these techniques. In a community where
      little has been done to establish a coordinated response to
      domestic violence, or where police have been resistant to
      changing their practices, advocates may have to try a series
      of strategies before finding the most effective. In a
      community where police participation has been proactive and
      thorough, it may be enough to identify problem areas and
      bring them to the attention of police managers.</p>
   </section>

   <section>
      <title>Community Policing and Advocate-Police
      Partnerships</title>

      <p>Since the mid-1980s, the United States has seen
      significant exploration of the function and structure of
      police work. Anyone attempting to influence agency policy and
      action should understand the principles of and recent
      discussions about community policing.</p>

      <p>
      <em>Community policing</em>

      emphasizes a police agency's partnership with the community
      it serves. Police priorities are set by means of
      consultations with the public. Under community policing, the
      scope of police actions broadens: no longer are officers
      focused solely on their immediate responses to isolated calls
      for service, but are assuming wider problem-solving and
      prevention responsibilities.</p>

      <p>Community policing alters the mechanics of police work by
      valuing the local or neighborhood beat officer and an array
      of skills not traditionally associated with patrol work:
      interviewing and interpersonal communication, mobilizing and
      building self-respect among communities, and analytical and
      problem-solving skills. 
      <footnote>Malcolm Sparrow, "Information Systems and the
      Development of Policing," John F. Kennedy School of
      Government Perspectives on Policing, No. 16, March 1993,
      Cambridge, MA: Harvard University Press, p.3.</footnote>
      </p>

      <p>
      <em>Problem-solving</em>

      <em>policing</em>

      emphasizes "the power of thoughtfulness and analysis when
      applied across the whole spectrum of police activity." 
      <footnote>Ibid., p. 2.</footnote>

      It changes the basic unit of police work from the isolated
      incident to the interconnected problem. It alters the
      structure of police work by emphasizing creativity, analysis,
      and evaluationa redefined role for patrol officers.</p>

      <p>While not every police agency has adopted a community
      problem-solving approach to its work, these ideas are
      becoming increasingly widespread, influencing police
      structure and service delivery in many ways. Advocates must
      be aware of these trends in order to understand the agencies
      in their communities, to influence change, and to make the
      best case possible for greater police involvement in the
      community response to domestic violence.</p>

      <p>With the 1994 Crime Bill, the Clinton Administration
      promised to put "100,000 new cops on the beat," with an
      orientation toward community partnerships and
      problem-solving, and an emphasis on prevention. The
      Department of Justice established the COPS Office (Community
      Oriented Policing Services) to administer hiring grants and
      related programs.</p>

      <p>The impact of this activity on police job structure and
      response has been mixed. As noted in the Urban Institute's
      evaluation of the first four years of the COPS program,
      "adoption of community policing has very different meanings
      in different jurisdictions." 
      <footnote>Jeffrey A. Roth and Joseph F. Ryan, "The COPS
      Program After 4 Years-National Evaluation," National
      Institute of Justice Research in Brief, August
      2000.</footnote>

      Another commentator, David Carter, has noted that police
      leaders and their agencies have different motivations in
      claiming the community-policing label. Some have sincerely
      embraced it as the best means of maintaining community
      safety. They have committed resources beyond COPS funding,
      taken risks to explore new ways of doing things, and made
      organizational changes to support it. According to Carter,
      however, this commitment is not the norm. 
      <footnote>David Carter in Police Quarterly, Police Executive
      Research Forum, March 1999.</footnote>
      </p>

      <p>Other agencies have experimented with community policing
      without any full commitment or immersion in the ideas. They
      are driven by small groups of enthusiastic individuals, but
      suffer from organizational conflict and inconsistency about
      what it means. Yet another, perhaps smaller, group of
      agencies has adopted community policing in name, but not in
      spirit, to obtain federal money. Advocates should discern
      what motivates the police agency in their community, since
      that may influence the genuineness of their partnership.</p>

      <p>Along with the hiring grants, COPS funded a range of
      special projects, including over 300 domestic violence grants
      to support local partnerships among police, victim advocates,
      and other community organizations. This spending and
      attention has not necessarily improved police understanding
      of domestic violence among all of its recipients, however.
      Community policing, like "traditional" policing, can deny or
      ignore the context of battered women's lives, the complexity
      of problems they face, and the many strategies required to
      achieve safety.</p>

      <p>Community policing usually results in an increased
      willingness on the part of police to explore partnerships and
      incorporate the expertise of battered womens advocates into
      their response to domestic violence. Communities with
      stronger collaborations and improved police responsesuch as
      Chicago, Colorado Springs, Knoxville, San Diego, Duluth, San
      Francisco, Madison, Portland, and Seattlehave embraced
      community policing, at least to the level of experimentation,
      if not full commitment. In a growing number of communities,
      the response to domestic violence has become more proactive
      and reflective of community engagement, problem solving, and
      prevention. 
      <footnote>See Carol Sullivan and Jane Sadusky, "Domestic
      Violence Community Policing Resources," Violence Against
      Women Online Resources 
      http://www.vaw.umn.edu/documents/commpoli/commpoli.html (As of 11/17/05, this page is not available)
      .</footnote>

      Partnerships and collaboration have also been reinforced and
      required under Violence Against Women Act grants.</p>

      <p>These partnerships have varying degrees of depth, however.
      Some have been more grant-driven than organic. The Urban
      Institute's findings about police-community partnerships can
      also apply to those between police and advocates: "all too
      often, partnerships were in name only or simply standard,
      temporary working arrangements." 
      <footnote>Roth and Ryan, supra, note 12.</footnote>

      The Colorado Springs Domestic Violence Enhanced Response Team
      is distinctive in that its police leadership acknowledges the
      difficulty in building equal partnerships. According to
      Detective Howard Black, "the hardest part of my job is trying
      to [create an environment] where the advocate has the same
      power as the cop or the prosecutor." 
      <footnote>Peter M. Sheingold, "National COPS Evaluation
      Organizational Change Case Study: Colorado Springs, CO,"
      Harvard University John F. Kennedy School of Government, for
      the Urban Institute, 1999.</footnote>
      </p>
   </section>

   <section>
      <title>Arrest and Community Intervention</title>

      <p>Since the release of the Minneapolis arrest study in 1984,
      arrest has dominated the discussion about police response to
      domestic violence. Twenty-three states and the District of
      Columbia now mandate arrest in certain misdemeanor domestic
      violence cases. In eight states, preferred arrest is the law.
      Thirty-one states mandate arrest for order of protection
      violations. 
      <footnote>Neal Miller, "A Review of State Domestic
      Violence-Related Legislation: A Law Enforcement and
      Prosecution Perspective," Institute for Law and Justice,
      October 2000, 
      <a href="http://www.ilj.org">
      http://www.ilj.org</a>
      </footnote>

      Arrest has become one of the key responses to domestic
      violence. Therefore, advocates seeking to change policy and
      practice should be familiar with relevant research and
      analysis.</p>

      <p>The replication studies that followed the Minneapolis
      experiment are popularly considered to devalue arrest in
      domestic violence crimes. Like the issue itself, however, the
      findings are far more complicated and must be examined in the
      context of the dynamics of domestic violence and the
      principles of coordinated community intervention. 
      <footnote>For an overview and critique of the arrest studies,
      see the symposium edition of The Journal of Criminal Law and
      Criminology, 83, 1992. For a detailed discussion of the
      background of and implementation problems associated with
      mandatory arrest, see Mandatory Arrest: Problems and
      Possibilities, Joan Zorza and Laurie Woods, New York:
      National Center on Women and Family Law, 1994. Also, Shephard
      and Pence, supra, note 2.</footnote>
      </p>

      <p>Well before the Minneapolis study, battered women's
      advocates urged police to treat domestic violence as criminal
      conduct and to arrest assailants when they had probable cause
      to do so. They wanted police to apply their professional
      knowledge and skills to domestic violence cases, just as they
      did to other types of calls. They wanted police to know the
      criminal laws available to them and to use their
      interviewing, evidence collection, and report writing skills.
      The experiences of battered women and the inaction of police
      led many advocates to prefer systematic arrest, for many
      reasons.</p>

      <ul>
         <li>Immediate arrest can prevent further or more serious
         injury.</li>

         <li>Arrest can result in less repeat violence.</li>

         <li>Arrest promotes a consistent police response and helps
         eliminate officer bias based upon the offender's position
         in the community.</li>

         <li>Arrest can lead to more prosecution and support
         increased convictions and guilty pleas.</li>

         <li>Arrest focuses police and community attention on
         domestic violence as serious criminal behavior.</li>

         <li>When applied consistently and without bias, arrest
         extends equal protection under the law to battered
         women.</li>

         <li>Arrest increases a woman's safety by challenging her
         partner's belief that it is acceptable to assault
         her.</li>

         <li>Arrest can break through a woman's isolation and give
         her the message that there is support and protection for
         her in the community.</li>

         <li>Arrest reinforces legal sanctions against
         violence.</li>

         <li>Arrest is part of the larger effort to change the
         cultural acceptance of violence in intimate
         relationships.</li>
      </ul>

      <p>At the same time, advocates were very aware of the
      liabilities and problems with mandatory arrest--namely,
      relying on a system whose traditional response has been
      inaction and victim blaming:</p>

      <ul>
         <li>Arrest gives police more authority over community
         members and can be used unfairly against battered women,
         people of color, and the poor.</li>

         <li>Arrest does not necessarily keep assailants away from
         their victims.</li>

         <li>Arrest does not guarantee that domestic violence
         crimes will be prosecuted properly.</li>

         <li>Arrest may discourage women from calling the police
         because they do not want their partners arrested.</li>

         <li>Arrest may discourage lesbians and gay men from
         calling the police because of the subsequent public record
         and possible prosecution.</li>

         <li>Arrest does not guarantee that officers will prepare
         good reports or be prepared to testify.</li>

         <li>Danger to women may increase if arrest occurs in the
         absence of shelters or safe homes.</li>

         <li>Arrest may spark police backlash with victims arrested
         under "mutual combat" claims.</li>
      </ul>

      <p>Advocates have long known that arrest, standing alone, may
      not make a difference. Arrest has been most effective when it
      has been implemented as part of a comprehensive approach that
      also includes individual support and advocacy for women;
      systematic prosecution, sentencing, and monitoring of
      abusers; a specialized court-ordered abuser counseling
      program; interagency coordination, policy development, and
      monitoring; and, law enforcement training, reporting, and
      monitoring of domestic violence calls. Arrest is only 
      <u>one</u>

      part of the community change process necessary to challenge
      domestic violence. It cannot be the single focus.</p>

      <p>Anyone attempting to change police practice must
      understand the complexities of arrest and how it might
      influence women's safety. Managing mandatory arrest laws or
      policies means asking victims what happened: Did arrest make
      a difference? Why? Why not? It means respecting their
      observations and the implications for policy change, further
      police training, and improved victim services.</p>

      <p>The quality of officer-public interaction is one example
      of this complexity that the arrest studies overlooked. They
      isolated police response into narrow acts of arrest,
      separation, and mediation, disconnected from police attitudes
      toward and interactions with the parties involved, as well as
      the larger history of police-community relations.</p>

      <p>How do officers treat people? What effect does the officer
      have on the victim and suspect? Does it make a difference if
      an officer is disinterested or hostile? The arrest studies
      did not address these questions. One critique noted that "the
      studies may in some ways distort rather than clarify our
      understanding of different police responses to domestic
      violence," and noted three ways in which this happens:</p>

      <ol>
         <li>By isolating one factor -- arrest -- from the larger
         context of domestic violence and the criminal justice
         system's response.</li>

         <li>By reducing the subjects of the study to statistics
         and thus losing the important information which could be
         provided by the voices of the victims themselves.</li>

         <li>By analyzing both the problem under study and the
         potential police implications solely in individualist,
         non-relational terms. 
         <footnote>Cynthia Grant Bowman, The Arrest Experiments: A
         Feminist Critique, supra, note 20, at 201-2.</footnote>
         </li>
      </ol>

      <p>If they are to be accountable to battered women, arrest
      laws and policies must have the following oversight: close
      and consistent monitoring; training on the policy throughout
      the agency--from dispatchers to supervisors to patrol
      officers; training on problem areas such as dual arrest and
      the concepts of self-defense and primary physical aggressor;
      and exchange of information and experiences with other
      communities. Police practice, including arrest, will maximize
      safety only when it occurs within the context of community
      intervention developed around these key components: 
      <footnote>Supra, note 2, Pence and Shephard, "Developing a
      Coordinated Community Response," at 16. Also see "Guiding
      Principles of Intervention," Duluth Domestic Abuse
      Intervention Project 
      <a href="http://www.duluth-model.org">
      http://www.duluth-model.org</a>

      .</footnote>
      </p>

      <ol>
         <li>A coherent philosophical approach centralizing victim
         safety</li>

         <li>"Best practice" policies and protocols for
         intervention agencies that are part of an integrated
         response</li>

         <li>Enhanced networking among service providers</li>

         <li>Monitoring and tracking built into the system</li>

         <li>A supportive community infrastructure for battered
         women</li>

         <li>Sanctions and rehabilitation opportunities for
         abusers</li>

         <li>Strategies to undo the harm violence to women does to
         children</li>

         <li>Evaluation of the coordinated community response from
         the standpoint of victim safety</li>
      </ol>

      <p>The Duluth Domestic Abuse Intervention Project developed
      the Safety and Accountability Audit to address the need for
      oversight of police and criminal justice system intervention.
      
      <footnote>Ellen Pence and Kristine Lizdas, The Duluth Safety
      and Accountability Audit: a Guide to Assessing Institutional
      Responses to Domestic Violence, Duluth, MN: Minnesota Program
      Development, 1998.</footnote>

      A Safety Audit is a systematic investigation of institutional
      response to domestic violence. Conducted by
      multi-disciplinary teams, it involves several methods: (1) 
      <u>mapping</u>

      the response to domestic violence cases and the different
      systems' roles, actions, and relationships; (2) 
      <u>observation</u>

      of that response, such as police ride-along, 911 processing,
      and booking; (3) 
      <u>interviews</u>

      with practitioners in various systems; (4) 
      <u>focus group</u>

      discussions with battered women, practitioners, and community
      members; and (5) 
      <u>text analysis</u>

      of the "paper trails"--the information collected, shared, and
      used by people within the same or related systems, such as
      911 and dispatch transcripts, police reports, and
      pre-sentence reports.</p>

      <p>An audit can be limited to single step, such as the method
      by which a victim is notified of an offender's release from
      jail, or it can examine a series of steps. For example, a
      Safety Audit could be conducted on dual arrest cases,
      including all steps from the 911 call to the police report to
      the prosecutor's action. Alternately, it could help determine
      what happens when a suspect is gone when police arrive. It
      can also be used to examine broad issues, such as a system's
      response to specific groups of people. It could be used, for
      example, to investigate the experience of communities of
      color or the system's response to children in domestic
      violence cases. The information collected is analyzed to
      determine whether and how to change or develop policies,
      administrative procedures, laws, system linkages, training,
      technology, and underlying assumptions.</p>
   </section>

   <section>
      <title>Policy and Training Models</title>

      <p>Policy is a statement of how police are expected to
      conduct their business. A policy on any given subject might
      be a paragraph or two, or it might run to twenty pages,
      depending upon an organization's approach, the subject
      covered, and the level of detail needed to outline
      implementation. The operational needs and philosophy of the
      agency determine some policies, such as when officers can or
      must carry weapons off-duty. State legislatures dictate other
      policies. In Wisconsin, for example, police departments must
      have written policies on the use of force, vehicle pursuits,
      complaints, and domestic violence. Eighteen states now
      require local written policies for handling domestic violence
      cases. 
      <footnote>Supra, note 5. For information about the IACP Model
      Policy on domestic violence, contact the IACP at (800)
      843-4227.</footnote>
      </p>

      <p>The International Association of Chiefs of Police (IACP),
      as part of its National Law Enforcement Policy Center, has
      issued model policies covering domestic violence and domestic
      violence by police officers. Released in 1990 and revised in
      1996, the IACP package includes a model policy, 
      <em>Domestic Violence Concepts and Issues Paper</em>

      , and a training key. It was designed to provide direction
      and training resources for agencies working on a domestic
      violence policy. In 1999, the IACP released a similar model
      and background paper on officer involved domestic violence. 
      <footnote>Supra, note 19.</footnote>
      </p>

      <p>No single model fits every agency or locale. The IACP
      provides a blueprint from which police or sheriff's
      departments can build or revise their own policies, adapted
      to fit their communities. It provides guidelines and
      direction, but must be tailored to each community. It sets
      standards and recommendations for police response with which
      advocates should be familiar.</p>

      <p>The Internet provides access to several law enforcement
      domestic violence policies and related information,
      including: 
      <em>New York State Model Domestic Violence Policy: Guidelines
      for Criminal Justice, Legal, and Judicial Systems</em>

      , the Metropolitan Nashville Police Department policy, 
      <em>Model Policy for Kentucky Law Enforcement,</em>

      the San Diego Police Department's domestic violence manual,
      and model policies for Wisconsin agencies, which operate
      under a mandatory arrest law with a primary physical
      aggressor standard. Advocates can also find the 
      <em>Model Code on Domestic and Family Violence</em>

      from the National Council of Juvenile and Family Court
      Judges. This is a useful tool for assessing local policies
      and state law. 
      <footnote>The following policies are available via the
      Internet: 
      <ul>
         <li>New York State: 
         <a
         href="http://www.opdv.state.ny.us/coordination/model_policy/index.html">
         http://www.opdv.stat
         e.ny.us/coordination/model_policy/index.html</a>

         .</li>

         <li>Nashville: 
         <a
         href="http://www.police.nashville.org/bureaus/investigative/domestic/default.htm">
         http://www.police.nashville.org/bureaus/investigative/domestic/default.htm</a>

         .</li>

         <li>Kentucky: 
         <a
         href="http://chfs.ky.gov/NR/rdonlyres/54B7AF71-5428-4EC6-AE69-158BBFBF8031/0/ModelDomesticViolenceLawEnforcementPolicy.htm">
         http://chfs.ky.gov/NR/rdonlyres/54B7AF71-5428-4EC6-AE69-158BBFBF8031/0/ModelDomesticViolenceLawEnforcementPolicy.htm</a>

         .</li>

         <li>San Diego: 
         <a
         href="http://www.azcadv.org/PDFs/model%20code.pdf">
         http://www.azcadv.org/PDFs/model%20code.pdf</a>

         .</li>

         <li>Wisconsin: 
         <a href="http://www.doj.state.wi.us/cvs/DAR/model_pol_proc.asp">
         http://www.doj.state.wi.us/cvs/DAR/model_pol_proc.asp</a>

         .</li>

         <li>Model State Code: 
         <a
         href="http://www.ncjfcj.org/images/stories/dept/fvd/pdf/new_modelcode.pdf">
http://www.ncjfcj.org/images/stories/dept/fvd/pdf/new_modelcode.pdf</a>

         .</li>

         <li>The Institute for Law and Justice also has several
         agency protocols and model laws available: 
         <a href="http://www.ilj.org">http://www.ilj.org</a>

         .</li>
      </ul>
      </footnote>
      </p>

      <p>
      <em>Domestic Violence Protocol for Law Enforcement</em>

      adopted by the Santa Clara (CA) County Police Chief's
      Association is an example of a comprehensive policy, and one
      that is available in several formats on the Internet. 
      <footnote>Available at 
      <a href="http://www.growing.com/nonviolent">
      http://www.growing.com/nonviolent</a>

      .</footnote>

      It is distinctive in that it has been developed across
      jurisdictional lines, with the goal of achieving consistency
      in agency response across the county. The protocol is a
      comprehensive document that includes definitions, common
      charges, and detailed expectations for dispatch and patrol
      officer response, as well as follow-up investigations,
      restraining orders, and victim assistance. It also addresses
      situations in which the suspect is a law enforcement officer,
      a juvenile, or in the military.</p>

      <p>It has become the standard in police agencies to define
      domestic violence as a crime and to require arrest under
      probable cause. Policies developed in the past ten years,
      therefore, tend to be variations on mandatory arrest,
      requiring that officers 
      <em>shall, must, will</em>

      or 
      <em>should</em>

      arrest. Whether or not a policy is written with a mandatory
      or preferred arrest point of view will depend upon state law,
      departmental philosophy, and community participation.
      Battered women's advocates have an opportunity to influence
      policy by becoming well versed in a variety of models and
      approaches.</p>
   </section>

   <section>
      <title>Training</title>

      <p>While policy states expectations, training is crucial to
      developing the knowledge and skills necessary to make policy
      a reality. Training is also a mechanism for addressing
      compliance problems after implementation.</p>

      <p>Training police officers to implement a domestic violence
      policy or improve their practices cannot be left to advocates
      alone, nor should it be conducted by police officers alone. A
      multi-disciplinary team approach not only models partnership
      and collaboration, but also is more likely to engage the
      audience. Ideally, the domestic violence training team
      includes a police officer who can speak to the concerns of
      responding officers, a prosecutor to cover legal aspects, and
      a community advocate who can speak to why battered women
      might act as they do once police get involved.</p>

      <p>Information about the characteristics of domestic violence
      can be interspersed with discussions about initial response,
      investigation, report writing, officer safety, and arrest
      procedures. To reinforce the training goals and avoid
      contradictions, all team members should understand the
      dynamics of domestic violence, the role and experiences of
      patrol officers and other participants, and their
      jurisdiction's legal authority to intervene. Real-life
      scenarios allow officers to develop a common understanding of
      what the policy means, how to implement it, and who to
      consult with questions.</p>

      <p>It is critical that police training be conducted within
      the context of police work. Advocates can count on having an
      audience that will be blunt and eager for useful information.
      This is not the time for an extended lecture on the
      theoretical framework of battering. It will not be well
      received by participants and is likely to create a barrier
      that cannot be overcome by the training that follows. It is
      also critical that instructors be prepared, knowledgeable,
      and well versed in adult learning and facilitation.</p>

      <p>The train-the-trainer curriculum developed by the Federal
      Law Enforcement Training Center, 
      <em>Domestic Violence: A Rural Law Enforcement Response</em>

      , begins with an orientation to adult learning and
      appropriate activities and facilitation techniques. The
      arrest curriculum available from the California Alliance
      Against Domestic Violence also includes material on
      facilitation strategies and overcoming common training
      problems. The video exercises developed for the course
      conclude with advice from veteran trainers, almost all of
      whom at one point describe the stereotypical police audience:
      everyone clustered at the back of the room, arms crossed or
      reading the paper. They emphasize the importance of
      participation versus talking at the audience: "let them teach
      themselves and each other." Their advice includes:</p>

      <ul>
         <li>Know your audience and appreciate that there will be
         diverse opinions.</li>

         <li>Stay flexible.</li>

         <li>assess their needs: What are their issues and
         questions?</li>

         <li>Set a positive tone and be sincere.</li>

         <li>Address concerns up front.</li>

         <li>Take control of the classroom environment.</li>

         <li>Do not take it personally if someone challenges you,
         but use it to teach.</li>

         <li>Avoid the biggest mistake: failure to prepare.</li>
      </ul>

      <p>As one instructor noted, if you do not know the subject
      and are not prepared, you should not be teaching. "The best
      curriculum in the world means nothing if the trainer is no
      good."</p>

      <p>
      <em>Domestic Violence: The Law Enforcement Response</em>

      was developed by the Duluth Domestic Abuse Intervention
      Project in 1988 and has been used widely throughout the
      Untied States. Revised in 1998, it is an example of a
      comprehensive training format, built on adult learning
      principles. It includes an instructor's manual and
      preparation video, student guide, and videotaped scenarios of
      officers responding to a variety of domestic violence calls.
      Targeted to patrol officers, it covers the dynamics of
      domestic violence and the range of police intervention
      procedures: interviews, determining primary aggression,
      evidence collection (including strangulation, harassment, and
      stalking), and report writing.</p>

      <p>Many training resources have emerged over the past twenty
      years as communities have developed domestic violence
      intervention projects and the Violence Against Women Act and
      the COPS Office have provided grants. Videos, curricula, and
      manuals provide training on policy development, victim
      safety, offender accountability, investigation, and
      coordinated community response. They address specific
      problems that have emerged as arrest policies have been
      implemented, such as inappropriate dual arrests and
      misunderstanding the concept of primary physical
      aggressor.</p>

      <p>Most state domestic violence coalitions can cite
      communities in their state that model sound police training.
      No single curriculum will fit all circumstances, so advocates
      should be familiar with several models. Introducing a new
      policy or change in the law may be accomplished best in one
      format while addressing problems with evidence collection or
      dual arrests may require a different approach. Training 911
      and dispatch operators will be different from training
      sergeants and other supervisors.</p>

      <p>Any curriculum must be adapted to the needs of the
      community, the training issues, and state law. By searching
      out a variety of models that are well grounded in the
      principles of victim safety, offender accountability, and
      community change, advocates can more effectively collaborate
      with police to develop training that facilitates changes in
      policy and practice, as well as addresses specific problems
      that emerge with changing police response, such as dual
      arrests or incomplete reports.

      <footnote>
         <ul>
            <li>Domestic Violence Train-the-Trainer Program -- A
            Rural Law Enforcement Response. Federal Law Enforcement
            Training Center (FLETC) National Center for State and
            Local Programs: 800-743-5382.</li>

            <li>Beyond the Obvious: Domestic Violence Arrests
            Training. California Alliance Against Domestic
            Violence: 916-444-7163.</li>

            <li>Domestic Violence: The Law Enforcement Response,
            1998 Edition. Duluth Domestic Abuse Intervention
            Project: 218-722-2781.</li>
         </ul>
      </footnote></p>
   </section>

   <section>
      <title>Conclusion</title>

      <p>Battered women's advocates have repeatedly challenged the
      police to make significant changes in their response to
      domestic violence. Where they have succeeded, advocates have
      acted with an understanding of the structure and function of
      police work, appreciation for the demands on police time and
      attention, and solid, documented analyses of problems and
      recommendations for change.</p>

      <p>In many communities today, the level of agency dialogue
      and collaboration, and the extent to which they support
      battered women, could barely be imagined twenty years ago.
      Advocates in other communities, however, continue to face
      entrenched resistance and rampant victim blaming. Throughout
      the country, advocates are confronted with the daily
      challenge of putting the needs of battered women first, ahead
      of criminal justice system demands to process arrests, cases,
      and convictions.</p>

      <p>We have learned that police can be agents of change. They
      can reshape institutional policies and practices. They can be
      allies to advocates in improving safety for battered women.
      Where this has happened, advocates and police have worked
      through disagreement and conflict, but they have stayed at
      the table, willing to continue the discussion and take risks
      in building relationships with one another. As one advocate
      observed, "there is no magic potion to pour down people's
      throats; it's hard work over a long haul and sometimes
      success is measured by everyone being willing to sit in the
      same room together." 
      <footnote>Karla Stacey, quoted in Challenge and Change:
      Organizing Domestic Violence Intervention Projects, Jane
      Sadusky, Wisconsin Coalition Against Domestic Violence,
      1987.</footnote>
      </p>
   </section>

   <footnotes />

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</document>


