DOCUMENT RESUME ED 188 049 Prosecutor's Responsibility

PARTICIPANT LIST3---CRIMINAL PROCESS.Roger AkinTerry RussellState Office Building820 French StreetWilmington, Delaware 19801302/571-38494,Office of the US AttorneyJulie BauteKing County CourthouseKing County Prosecutor's OfficeWest 554516 3rd Avenue'Seattle, Washington 98104206/583-2200AD.C. Gourthouse,' Rm. 5200500 Indiana Avenue, N.W.Washington, D.C.20001202/724-6187.Sharon WallisDistrict Aktbrney's Office2400 Centet Square BuildingPhiladelphia, PennsylvaniaAnn CarpinettiDepartment of LawPouch KCCourt BuildingJuneau, Alaska 9981907/465-3428David Young, DirectorStatewide Association ofProsecutors220 South 2nd EaStLarry Crontp, Room 400101 W. JeffersonPhoenix, .rizona 85003602/262-3411Ppula Van MeterNew York County DistrictAttotney'sibffice155 Leonard treetNew York, New York 10003212/553-90751Jim Gould94l.W. 4th StreetAnchorage, Alaska907/277-661119102215/686-6314Salt LakeCity, Utah801/532-6503841111499501ALTERNATIVE PROGRAMSBeth KeeverNew Cumberland.CountyCourthouse 0237Fayetteville, North Catolina919/486-1215Tom McKean46 Upton e PirroCountY .COurthbuse111 Grove StreetWhite Plains, New'York914/682-2727.1060128301Noel BrennanCenter for Community Justice918 T 16th Street, N.W. 0508Washington, D.C. 20006202/296-2565Fred DellapPaUniversity of Miami, College;of LaWP.O. Box 249148'Coral Gables, Florida 33124Andy KaplanState's Attorney Dade County1351 NW 12th StreetMiami, Florida 33125305/547-.5200

Anna LaszloSuffolk County DA's OfficeRoom 623"kSuffolk County CourthouseBoston, Massachusetts 02108617/725-8660Michael LewisCenter for Commtlnity Justice91816th Street, N.W. #503Washington, D.C.20006202/296-2565Larry RayCity Hail Annex'City Prósecutor's Office,67 N.-Front StreetColumbus, Ohio 43215614/222-74811Barbara HartCentral Penn. Legal Services524 Washington StreetReading, Pennsylvania 1,9601215/755-5539Andrea Knish7237 AlexanderHammond, Indiana219/8867316146323CandacjWayneLegal Center for BatteredWomenLegal Assistance Foundation343 S. Dearborn StreetChicago, Illinois 60604312/663-9440,Lynwood SlaytonNeighborhood Justice Center1118 Euclid Avenue, N.W.Atlanta, Georgia 30307404/523-8236Josh StulbergCommunity Dispute ServiceAmerican Arbitration Assn.140 W. 51st StreetNew York, New York 10020212/977-2998Irene Toby, DirectorCitizens Dispute Settlement CenterJustice Building1351' N.W. 12th Street, Rm. 522Miami, Florida 33125305/547-7062Ann WetsbrpdI:M.C.R. Dispute Center425 W. 144th StreetNew Yor!, New York' 10031212/69 570041PLEGAL SEICESOTHERDominic FrancoU.R.S.A.Pier 1 1/2San Erancipco, California94111415/398-2040Raymond ParnasUniversity of California, DavisSchool of LawDavis, California 95616916/752-10114Dr. Murray StrausNewmarket RoadBurham, New Hampshire603/862-188803824STAFFLAW ENFORCEMENT ,ASSISTANaADMINISTRATIONJeannie B. NiedermeyerProgram Manager,\Special ProgramsTerry FrcAlsonWfice of Regional Operations262 S. 21st St., #3R19103Philadelphia, PA.215/755-5539LEAA633 Indiana Ave., N.W. Rm. 70520531Washington D.C.202/376-35509

CENTER FOR WOMEN POLICY STUDIESMarge GatesProject DirectorCentpr for Women Policy Studies'2000 P Street, N.W.Spite 508Washington, D.C. 20036202/872-1770Diane HamlinClearinghouse DirectorCenter for Women Policy Studies2Q00 P streetSuite 508WaShington, D.C.20036202/872-17 70Judy CohartStaff Legal AssistantCenter for Women Policy Studies2000 P StreetSuite 508Washington, D.C.20036202/872-1770Sabra WoolleyConsultantCefiter for Women Policy Studies2000 P Street, N.W.Suite 508Waghington, D.C.20036202/872-1770NATIONAL DISTRICT ATTORNEYS ASSOCIATIQNNancy Rahdall FreemanProject DirectorCommission on Victim/Witness AssistanceNational Distrtict Attorneys Association666 N. Lake Shbre DriveSuite 1432Chicago, Illinois 60611312/944-4610Colette M. SwiatkowskiSecretary to:Nancy Randall FreemanCommission on Victim/Witness AssistnceNational District Attorneys Association666 N. Lake Shore DriveSuite 1432Chicago, Illinois 60611312/944-4610.10

1V111TABLE OF CONTENTSN4TURE AND EXTEOT OF SPOUSE ABUSEIntroduction*What is the nature of spouse assault?What is the extent of the problem?Who are the victims of spouse abuse?Why do battered women stay?Who are the abusers?tiole of alcohol in abusive behaviorWhat methods of intervention are effectivein stopping spouse assault?'.13.-6.8'-1011.1.3RESPONSIBILITIES OF THE PROSECUTOR IN SPOUSE ASSAULT CASESIntroduction(I How appropriate is criminal proseputionin spouse assault cases?How to decide which cases to prosecuteHdW to assure victim cooperation4.How to overcome proof and evidentiaryproblems;What effective dispositions ar e\available upon prosecution?\What effective alternatives toprosecption are available?*.i111Ii.,'Conclusion.\It.4.44p. 1213.1523.

THE NATURE AND EXTENT OF SPOUSE ASSAULTDiane HamlinCenter for Women Policy StudiesClearinghousg Director

INTRODUCTIONViolence in the familY is emerging as a sqcial crisis .of',tremendous dimensions.Assault between spouses (a-tecm whichused here to include- cohabiting, sexual partners who4.,'are not m4rried) is a part of this probleM which recently has'been brought to attention by-the women's1 movement.While asmany men are killed by.their wives as women by their husbands,long-term physical abuse betWeen spouses is.almost always per-.petrated by the man.For that reason, the victini"bereferred,to i \his paper as female: Sitilarly, the problemhas come to be known 08 wife-beating.rThisphenomenon is attributed in iakge part to the way0.men and women are socialied to behave.Persons who are in-volved in such violence over time, and those other membersof society Who see this behavior as normal, often accept asdesirable the gender-based stereotypes of the dominant,aggressive male and tpe passive, subMissive female.P4The same Attitudes which give rise to spouse assault,havprevented social systems from intervening in it.Police,prOsecutors, 5udges and-juries, along with phy4idians, socialaworkerS and other helping professions have 1?een accused ofignoring the plight of battered women.Indeed a recent studynoted thzit 56 Of. the 60'battered women studied were"4r)-*

1.Aidentitieb'from a (iroup presenting symptoms ot physicalillness only because a physician specifically asked whetherthey had' beri beaten.1The conferees in Memphis were representative ot atgrowing number of persons associated with the justice*system who viant to improve their tesponse to citses of spouseassaults.It was foreseen that the efforts of these highlymotivated and skilled professionals would be hampered bythe dearth pf'reliable information concetning both thenature and4extent of spouse assault and ways in which tointervene successfully in a violent relationship.Knowledgein this area is extremely limitedand sometimes overpoweredby 'myths and un upported assumptions.For this reason; Dr. Murray Straus of the University ofNew Hampshire, a sociologist expert in this field, was(4-invited to explain to the participants What his research hasdisclosed about "spouse abuse,"a term which includespysical acts.such as slaps and shoves falling short ot tlhevel-"Of violence which ordinarily shows up in the justicesysteM.The following Tgestions and answers incorporatemuch of that session in Memphis and include other researchfindings as well:1114

What is the nature of spbuse assault?Spouse,assault is-,rarely an isolated violent episode, but more often follows apattern in which the attacks increase in both severity andfrequency if they go unchecked.ln such situations, spouseassault cases too often result in homicides.A Kansas. Citypolice study found that in 85% of 'the homicide ca- agqravot,redassault cases seen from 1972-73, the police had been 'Called tdthe home once befoi:e.In almost 50% of thosepreviously been called fivd times or more.2ases, they hadT)n 1975, FBICrime'Reports recorded-20,5l0,murders in the United States.About two-thirds'of these killings were committed by peoplewho were relatives or friends of-the victim.One spouse ki17ling another accounted tor over half of the family homicides,3The problem of spouse assault is exacerbated by itsfamilial context.Society is reluctant to acknowledge the0its image Ifexistence of violence in thethe family as a haven Of love andiluturrance is so much-moredesirable.Society also regards the man as the head of hishousehold with legitimate power over the woman and childrenhe ,supports. While it is unacceptable behavior to hit.astranger One encounters on' the street, some people, deem strikipa taMily Member appropriate when it iS dpne "ton-the good".of the person punished.This attitude has resulted in themarriage license being viewed as "a hitting license."Further-more, public policy discourages governmental incursions imto15

4the privacy of the home as is reflected in the saying, "aman's home is his castle."Aite. famous Kitty Genovesemurder case is emblematic oT this differing stydard of acceptability for violefit behavi8-r.When quizzed about their.lack of response to her pleas ror help, many of the wiAnessestO the homicide justified their non-interference by cfaimingthey thought thdassailant was the victim's husband.4What is the e-xtent of the problem?A recentstudy of a nationally repreentative sample of 2,143couples fouAd the following:for the twelve month-period preceding theinterview, 3.8 percent of the respondentsreported'one or more physical attacks whichfall under the operationa1definition ofwife-beating. Applying this incidence rateto the approximately 47 million couplesin the United States, means that in any oneyear vproximately 1.8 m Ilion wives are beingbeaten by their husbandsIn addition., 28% oc the couplesurveyed experienced atleast one violent episode during gheir relationship.Murray Stralls, dne of the researchers, considers thesestatistics as undekestimateslo6ca'use'of tte selfreporting.nature of the survey.He cites,failure of memoiy.and'reluctance to admit violent acts as some ot the major,reasons for skepticism, and concludes "that the true in'cidence Kate is-probably closer-tb 50 or 6'0 percent ofail couples than it is to the 28% who were willing todescribe violent acts in a mass' interview sprvey."6ktf.

5A researcher investigating divoece bctions similarlyfound that 37% of wives initiating divorce actions in thestudy cited physical abuse as one of their co4p1aints.7Local statistics also bear out the finding that spouseabuse is widespread.For instance, in 1973, 14,671 casesof wife beating were reported in New York Stateftimes the number of reported. rapes.threeIn Atlanta, Georgia,60% of all cAlls received on the police night shift are reported domestic disputes.At Boston City Hospital, approxi-mately-70% dt the assault victims received in the emergencyroom are Women who have been attacked in the home.-Thepolice department in St. Paul, Minnesota, makes written reports,on apprdximately 10070q.fe beating episodes each week,andthis figure dov not include police responses to domesticincidences in which the woman decides not to press charges,8In Wilbraha-m, Massachusetts, the staff of Heart House, ashelter, repOted that during August 1978, 117 women andchildren came to them;duriqg the first week of Octobier 1978approximately 50 womer). and children ma-de use of thefacility.9Cumu1ativi3tly, these data illustrate that spouse abuseis both a local and a national problem.The repercussiorisOf the probleM extend beyond the boonds of one family or a

v single relationsriip.6The acceptance ot spouse abuse today hasthe Potential to increase incidence rates of vioience in familiestor suc essive generations.Researchers have beguil to confirmthe exiEitence of a "cycle of violence."Thus, children who wit-ness violent acts between their parents or who are the victims ofparental violeYice Often grow up to become the wife abusersand chilabusers of their generation.A British'study ofAbusive husbands revealed that over one-half the hUsbandshad)ritnelsed their itthers assaulting their mothers. 10IA recent port which estimated that there are one million1abused apttneglected children in the United-States alsonoteattha.t 'an 2Q% of the' child abusewases a spouse was alsobeing 6ssaulted. 11Research needs ,t0 be conducted to determinemore specifically the nature of vidlence actoss gelerations.Yet preliminary findings indiowite that thejusticeandIocial services systems hitve an important role to playin -curtailing.violence in tbe family.Mho are the.victims of spouse abuse?Thib best informätion.available at-the present time on tile victims of spouse abuseis foUnd in the writings of academics and professionals whoare analyzing data obtained from residents of shelters.-Demographic profiles indidate that victims come from varyingethnic, groups and generally fall between the ages of twentyA wide varie'ty of .edlicational backgrounds and.and 'Sixty.\religious upbringings are\represented.Q418t'74'\

-/7Psychological, inventories reveal that low self-esteem,a negative self-imago, a lack of self-confidence anddepression are chaxacteristics shared by many adultvictims Ofabuse.unstablfamily lives marred the childhood of manyof these women.Vctims of spouse ass&ult may have unrealistic orstereOtypic expectations of.hemselve-s.and their marriages:Often, they have entered the marriage expecting it toserveas a panacea tor all their problems.Most of these womenbelieve the man should be the head of the house and ele majorbreadwinner.The balance of pOwer in the marriage relation-ship is clearly weighted in the husband's favor.The sociallives of these.women are often directed by the husbandasVictims liky have difficulty expressingand emotions.appropriately:with,'theiirteelingsYet i study compa/ing battered tbattered wOmen found that it was the nonbatteredwomen were.more inclined to oppose someone,physicallyor verbally. By 'cOntrast, the batteredVomen were "more plptto submit to rules and.orders,even when it does not please,*them:'12 This finding runs counter to 'the belief of manyuninformed people that women who ate.beaten by their husbandsare r belriousartgabUsive themselves.leY00

8wyIt should be remembered that such fidndings are clearlytentative and that prosecutors will encounter battered womenof many different personality types.1Why dO battered women stax?The question is one askedfrequently.by professionals who encounter victims of spouseabuse in their work.One answer is that not all of them do.10.Many women extricate themselves from violent relationshipswithou-s.eeking the help of the police or.district attorney.These women otten have the advantage of.a strong support systeAl of friends and'family and they are not economicallydependent upon their abOser4.Many battered women initially remain in the relationshipbecause they love their mate and believe him when he says hewill change.P call to the,police is oftwn a call only towr.0have an outside authorily figure stop the beatings.When theman.is aflowedi\tO remain in tne home, such caUs may havethe effect of triggefing retaliatory beatings, even motesevere than the initial violence.Battered women who remain.with their abusive partnersover 'a period of time otten do so because they pei*ceive-thecriminal justice syptem as a last resort and will seek. help\J.tilere qnly in extremf desperation.Such women are likelyio have no means of hupporting themselves, and are highly99,

emotion/idly dependent on their husbands.m,social/1.yMany of them live'isolated from friends and family.Theft- isolationflomay pe imposed by/the abuser out of possessivenessand.10-susy, or may be self-imposed from shame about visible.of the bettering.A woman who stays experie ces deep feelings of powerlessness and immdbilizing fear.She may heliev'e she has noalternatives, particularly if there are po shelters in thearea or if-she has met with insensiti-'ve or ineffectivetreatment by police or social service agencies wii4h-she hasattempted to find help.Over a period (Ay time, these/feelingscan lead to psychological paralysis.-They cah also culminatein a desperate, self-defensive homicide./4Either reaction may be grounded in a realistic assess-mbnt of the capacity of the'justice and social service systemsto aid her in her plight.Either may also stem frQja fearof retaliation by her spouse, should her efforts'to extricateherself permangintly prove unsuccipsful.,These realitiescon-4trast with thedries of early psychologists who claimed thatwomen who stayed in violent situations were innately masochistic.A recent study explored the manner in which feelings of powerlessness,fdr from being inherent.in'women,are created by early sex-role socialization.Women are still often'trained in the mode of.43

10helplessness as a method of attracting men and male ationtion.As a result, even women who are well-educatedand professionallyambitious may utilize traditional, deferential behavior intheir relationships with men.Such women give much controlandpower to the men with whom they haventimatbrelationships.The pt-opensity to "being a victim repeatedly is socially.learnedbehavior."11The result often is that the victim justifiesor rationalizesthe violence by concluding either that shedegerves to be beaten because she is bad or provocative, orthat the abuser'is not responsible-6ecause he is under stress,unemployed, alcoholic, etc.QThe justice :system can play a crucial rble in aidingwomen to e?,ctricate themselves from violent' i-elationships.Equally important is the czdalyst function the justice systemcan have in restoring to them a sense of self-esteemandtheir individual value as human beings.Who are the abusers?The sparse information available on1*-!,'-.obusive husbands indicates that they represent a wide varietyofethnic and religious backgroondsandll educational backgrounds.They are,of all agesA sample of 70 abusersrevealed that "55 percent of the men wein which one or both parents were alraised in familieshold.c.And, at least63 percent either witnessed or experienced physical,abusewhile they: were growing up: 14-Similarly, eiBritish stvdy of

abugive nusbands revealed that 74% ot thAl had a drinkingproblem and that over one half of themhad witnessed theirfathers assaulting thtlir mothers15,Service providers who work with adult abusers describethem as often having a-negative self-image, a lack ofability to be oPen about their feelings, and -- in fact'very little.understanding of their true feelings.P.They often lack'maturity and,like their-mates,may haveunrealistic expectations of Marrigge.They tend to repressanger,and they may feel oppressed by-circumstance;beatingtheir wive8 may give them a chance to be.theoppressor ratherthan theioppressed.Wifebeaters may feel guilty or ashamed of their brutality

DOCUMENT RESUME. ED 188 049. CG 014 443. Prosecutor's Responsibility in Spouse Abuse Cases. INSTITUTION National District Attorneys Association, Chicago, . The role of the prosecutor in spouse assault cases was the subjct of a conference organized by the National-District Att