Lloyd Sealy Library                                                                                                                    John Jay College of Criminal Justice

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66) Ewing, C. P. (1987). Battered women who kill: Psychological self-defense as
         legal justification.
Lexington, MA: Lexington Books.

This book seeks to present some answers to the question: Why do battered women kill? Dealing largely from a psychological perspective, legal intervention--or more specifically the lack of effective legal intervention--in domestic violence situations is discussed as a factor leading up to homicide. While the author believes that there is a trend towards arrest in spouse abuse cases, police still rarely arrest and their mediation procedures generally only offer temporary solutions. Further, he maintains that police usually try to discourage the victim from filing charges or, in the worst situations, express disbelief towards the victim or sympathy towards the batterer. The author also points out that often other branches of the criminal justice system fail or are ineffective in these situations. Look in the book’s index under “Police response to battered women”. A


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67) Fagan, J. (1990). Criminal justice policy on wife assault. In D. J. Besharov (Ed.),
         Family violence: Research and public policy issues (pp. 53-81). Washington,
         DC: AEI Press.

The author traces the phenomenon which caused an emergence of social policies (including police policies) on the issue of family violence. He theorizes that these intervention policies are based on causal factors and identifies these factors as: 1) family dysfunction or individual pathology; 2) situational factors external to the assailant or family; and 3) societal or cultural norms supportive of violence in general and ideological supports for male supremacy and patriarchy. As these different causes and definitions led to separate branches of research, little unity exists in program or policy development.  Also, while the new policies are much more aggressive in dealing with offenders, he believes that the new policies are underused. The chapter also covers the prosecutorial role in family violence cases and the use of the battered womans syndrome defense. Notes are included. A


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68) Family Violence Project. (1987). Domestic violence is a crime. San Francisco:
         Family Violence Project.

This manual for police officials in San Francisco outlines the procedures and practices officers must adopt to be compliant to California’s General Order on Domestic Violence--a pro-arrest mandate adopted in 1980. The order set forth policies for domestic violence cases, restraining orders, and stay away orders. It stresses that this type of violence should be treated as a crime and specifically instructs that mediation should not be used in place of criminal proceedings where a crime has taken place. In addition to offering procedures, the manual presents the position on arrest response and affirms that arrest can have a deterrent effect on future violence as it illustrates for the parties involved that a crime has been committed. Although aimed towards police, the manual also outlines the prosecution’s role (see annotation no. 85). Appendices, charts, forms, graphs, and notes are included. P


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69) Felder, R. L. & Victor, B. (1996). Getting away with murder: Weapons for the
         war against domestic violence.
New York: Simon & Schuster.

In researching this book, the authors interviewed everyone from victims to abusers, police, judges, prosecutors, doctors, and social welfare workers. Domestic violence is referred to as a plague and the authors believe that the current structure of the legal system, medical, and social services make the crime all too permissible. While positioning themselves in favor of nondiscretionary arrest laws, the authors point out that critics of these policies believe that these laws put innocent men at risk, as they are at the mercy of vindictive partners. However, those who support these laws believe that the incidence of women lying in these cases is so low that the good these policies would do is worth the risk of an innocent man being arrested. Also, this is the best way to protect the victims against further assault and the police against lawsuits. Look in the book’s index under “Police”. M


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70) Ferraro, K. J. (1989). Policing woman battering. Social Problems, 36, 61-74.

The author discusses a study done in Phoenix, Arizona, three weeks after the adoption of a presumptive arrest policy in 1984.  A team of researchers conducted observations while riding along with officers and found that arrests were made in only 18% of the incidents.  The author suggests that this low response rate, despite the guidelines set in a presumptive policy, is a result of other factors which play a role in officers’ decision making. These include: 1) legal considerations, which encompass officers’ understanding of the laws and perceptions as to the criteria needed to establish that a law was broken; 2) ideological considerations, which are those beliefs about abused women, male batterers and perceived danger; 3) practical considerations, as, for example, many officers feel that they should achieve some “semblance of order” rather than find a long-term solution to the underlying problem, or many officers think of the practical needs of the victim and her children; and 4) political considerations, which sometimes involve police skepticism as to the motives for the policy.  The author concludes that because of these factors, arrest policies will have no lasting impact unless accompanied by supportive policies in other branches of the criminal justice system. References are included. A



71) Ford, D. A., Reichard, R., Goldsmith, S., & Regoli, M. J. (1996). Future
         directions for criminal justice policy on domestic violence. In E. S. Buzawa & C.
         G. Buzawa (Eds.), Do arrests and restraining orders work? (pp. 243-265).
         Thousand Oaks, CA: Sage Publications.

The authors try to predict the future of all criminal justice interventions in domestic violence incidents based on current research and trends. Their thoughts on police intervention include  a much more active involvement by police in terms of reporting, referral, and victim advocacy.  In addition, the authors foresee a move towards presumptive arrest rather than mandatory arrest as they see officer discretion in the best interests of the victims, towards police-initiated warrant arrest, and towards coordinated efforts by police, social agencies, and other criminal justice agencies. They conclude by maintaining that most of the public attention to criminal justice intervention will eventually shift from the police to the prosecution and judiciary. Notes and references are included. P


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72) Friedman, L. N. & Shulman, M. (1990). Domestic violence: The criminal justice
         response. In A. J. Lurigio, W. G. Skogan, & R. C. Davis (Eds.), Victims of
         crime: Problems, policies, and programs
(pp. 87-103). Newbury Park, CA: Sage

Recognizing the change in the criminal justice response to domestic violence, the authors say that elevating the issue from a private family matter to a crime requires that officers act as highly trained law enforcement officers rather than social workers. The increased use of arrest communicates to everyone--most importantly the offenders--that spouse abuse is a crime. They maintain that victims require special consideration by law enforcement personnel as they feel trapped in violent relationships. Although victims’ lack of action in these situations may confuse officers, this should not be taken into account when determining probable cause. While they point out that many researchers agree on mandatory arrest for felony cases, there is a lack of consensus for this type of arrest in misdemeanor cases. They believe that mandatory arrest results in immediate consequences to the offender and puts pressure on other branches of the criminal justice system to prosecute, jail, and provide treatment. Notes and references are included. M


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73) Frisch, L. A. (1992). Research that succeeds, policies that fail. The Journal of
         Criminal Law & Criminology, 83,

The author cites the events which lead up to the changes in law enforcement in cases of domestic violence. She asserts that deterrence was never the primary goal of arrest policies but rather they evolved to avoid civil liability. As a result, replication studies which conclude that arrest is not a deterrent in the long-run or a deterrent to the socially “marginal” batterers and thereby do not support arrest as a response, are not addressing the real issue. Also, studies should not conclude that subsequent assault was the result of arrest just as research does not blame arrest for any kind of repeat offense (if a burglar reoffends when he gets out of jail, scientists do not claim that this was a result of arrest). She also comments that those who support repealing mandatory arrest laws because of the results of replication studies act as though the laws had been formulated solely on the basis of one experiment. The author concludes that arrest must be supported by other officials in the system if it is to be effective, and that professional training and policy development should be promoted throughout the system. Notes and references are included. A


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74) Gamache, D. J., Edelson, J. L., & Schock, M. D. (1988). Coordinated police,
         judicial and social service response to woman battering: A multiple baseline
         evaluation across three communities. In G. T. Hotaling, D. Finkelhor, J. T.
         Kirkpatrick, and M. A. Straus (Eds.), Coping with family violence: Research
         and policy perspectives
(pp. 193-209). Newbury Parks, CA: Sage Publications.

The authors claim that the typical response to violence has been formal or informal non intervention and that this may tell the batterers that their behavior will go unpunished. As new intervention policies come about, they must be evaluated. The study represents a cross-evaluation of three Minneapolis communities engaged in intervention projects. These projects were designed to coordinate activity between law enforcement, criminal justice, and social service systems. In these programs, immediately following a probable cause arrest, the police notify a battered womans’ shelter where volunteer advocates are dispatched to the victim and assailant. The attorneys actively pursue the case. The authors found the results encouraging and claim that the projects have had significant effects on both the police and judicial system responses. Graphs and references are included. M



75) Gelles, R. J. (1996). Constraints against family violence: How well do they
         work? In E.S.Buzawa & C. G. Buzawa (Eds.), Do arrests and restraining orders
(pp. 30-42). Thousand Oaks, CA: Sage Publications.

The author discusses the impact that the Minneapolis Experiment had on police policies and asserts that social and political forces in existence at the time had much influence on the impact that this empirical research had on policy. He adds that replications of that experiment have failed to support the theory that arrest has a significant impact on domestic violence. These studies, however, have not had a reverse effect on police department policies and are often criticized for their methodologies and conclusions. He feels that arrest coupled with other intervention strategies or used on particular offenders may be effective but that arrest alone is apparently not an effective intervention. Notes and references are included. A


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76) Gillespie, C. K. (1989). Justifiable homicide: Battered women, self-defense, and
         the law.
Columbus, OH: Ohio State University Press.

The author offers an account of the criminal justice system’s treatment of the battered women who use self-defense as a plea in cases of homicide. The system’s male bias, historically and currently, is discussed as it effects the treatment women receive both before and after they have killed their abusers. Part of the criticism of the police response to domestic disturbance cases stems from the fact that because police are apt to not write a report in these incidents, establishing self-defense is that much harder for the accused. Reasons are given for the police reluctance to respond adequately and discussed as only part of an ineffective justice system. Look in the book’s index under “Police”. Appendices and notes are included. A


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77) Goldman, J. L. (1994). Arresting abusers would reduce domestic violence. In K.
         L. Swisher & C. Wekesser (Eds.), Violence against women. (pp. 94-101). San
         Diego, CA: Greenhaven Press.

The chapter begins with an overview of the battering relationship and the battering cycle. While some victims never call the police because of their perceptions of police ineffectiveness, those that do often receive mediation or inaction. Although police traditionally felt that answering these calls may be dangerous, the author points out that figures that point to the danger are exaggerated and, in states where mandatory arrest policies exist, police injuries have decreased. The author describes the failing criminal justice response as cyclical--fewer arrests lead to fewer prosecution efforts, and fewer court cases result in inexperienced judges. As a result, judges often “blame the victim” and give lesser sentences. Prosecutors in turn get the message that domestic violence cases are not a judicial priority and don’t prosecute. Police officers then feel that arrest is a waste of time. The author maintains that although both permissive and mandatory arrest policies make arrest more likely, permissive (pro-arrest) policies give the officers too much discretion. Mandatory arrest policies help clarify the officers’ role and underscore illegal behavior, thereby halting the cycle. M


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78) Gondolf, E. W. & Fisher, E. R. (1988). Intervention with batterers. In Battered
         women as survivors: An alternative to treating learned helplessness 
         59-75). Lexington, MA: Lexington Books.

This report offers a unique perspective in that it examines the likelihood of arrest based on the nature or “type” of batterer. The authors identify four types: 1) the sociopathic batterer, 2) the antisocial batterer, 3) the chronic batterer, and 4) the sporadic batterer. Based on victims’ interviews in a Texas shelter  police action was determined. The results implied that the police seemed to be responding more to the antisocial nature of the batterer  than to the actual abuse, and that they were reacting more to the immediate danger than to the abuse. While these arrest circumstances are warranted, there are cases where less antisocial batterers inflict damage that warrants arrest, and the procedures used on antisocial batterers must be extended to all batterers. In fact, they believe that arrest is likely to be most effective on sporadic and chronic batterers and least effective on antisocial types.  Appendices, notes, and tables are included. A


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79) Gondolf, E. W. & McFerron, J. R. (1989). Handling battering men: Police action
         in wife abuse cases. Criminal Justice and  Behavior, 16, 429-439.

In this study, one of the authors is continuing his previous research in the same area (see annotation no. 78)--determining which if any extralegal factors effect the police decision to arrest. Women in 50 Texas shelters were interviewed about their experiences with police and five categories of interventions were represented: did nothing, mediated, provided transportation, forced batterer to leave, and arrested batterer. These variables were compared to three sets of factors: victim’s background, abuse, and batterer variables. About one third of the incidents were handled by mediation or referral, half were advised of legal rights, and relatively few batterers were arrested. It appears that the police were more likely to do nothing when the batterer had not been abusing alcohol, was not violent against others, and had no previous arrests. However, the women in these cases were more likely to have had a weapon used on them and have received threats on their lives. So, while the women had been severely abused, there abusers were less generally violent and had a far smaller chance of being arrested. Of those men arrested, the most influencing factors in descending order were: they had been previously arrested, they abused alcohol, they engaged in verbal abuse while the officers were present, they had engaged in nonfamily violence, and the victim had obvious injuries. The researchers conclude that the police seem to be reacting more to the antisocial nature of the batterers and less to the act of wife abuse and that this handling of the antisocial types must be extended to all abusers. Notes, references, and tables are included. A


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80) Harshbarger, S. (1993). Domestic violence: The challenge for law enforcement.
         Boston: The Office of Attorney General.

In this report, the Attorney General for Massachusetts outlines The Abuse Prevention Act of that state and the procedures required under that Act which should be followed by the various branches of the criminal justice system. The police are required to exercise a preferred arrest policy under this act. In addition, guidelines for intervening with the victims are given. These include assistance in obtaining medical assistance, finding a safe place, explaining the victims’ rights and explaining the criminal justice process (especially the emergency judicial response system, in the event that the incident takes place when the courts are closed). Lengthy explanations and definitions are provided. Appendices and tables are included. P



81) Hirschel, J. D. & Hutchison III, I. W. (1991). Police-preferred arrest policies. In
         M. Steinman (Ed.), Woman battering: Policy responses (pp. 49-72). Cincinnati,
         OH: Anderson.

This chapter examines the definitions, factors leading to, and differences in arrest policies. The authors developed an exploratory study of the arrest policies in 26 cities and outlined the inconsistencies which plague the different policies: 1) each type of policy has several names; 2) there are various requirements for policy application; and 3) there is ambiguous policy language. In determining under what conditions an offender should be arrested, the authors found that external considerations, as well as policy, play a part. These external factors include political climate, other agency responses, as well as support of command and line personnel. Notes and tables are included. P


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82) Jones, A. (1994). Next time, she’ll be dead: Battering & how to stop it. Boston:
         Beacon Press.

The author discusses the “blame the victim” tendencies within all branches of the criminal justice system and highlights some specific examples of cases and incidents where grossly inadequate responses resulted in extreme outcomes. She discusses the Minneapolis Experiment and her poor opinion of its author’s conclusions and subsequent experimenting. Her recommendations for arrest are coupled with suggestions for better record keeping to identify repeat offenders and violated court orders, firmer prosecutorial, judicial, and legislative guidelines, as well as the provision of  advocates, lawyers, and other social services for victims. Look in the book’s index under: “Police; Arrest”. M


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83) Kantor, G. K. & Straus, M. A. (1990). Response of victims and the police to
         assaults on wives. In M. A. Straus & R. J. Gelles (Eds.), Physical violence in
         American families: Risk factors and adaptations to violence in 8,145 families
(pp. 473-487). New Brunswick, NJ: Transaction.

The authors theorize that despite growing awareness of the issue, there is still only minimal evidence that police behavior reflects this awareness and that the police still resist making arrests. Using data from a national sample of battered women, the authors present prevalence estimates of the number of domestic assaults and the number of those actually reported to the police. The results found that of those disputes in which police went to the scene, there was a 7% arrest rate in minor violence incidents and a 21% rate in severe wife assaults. Also, in the majority of the cases, police did not file reports and the most frequently used intervention was mediation. The authors discuss factors like police believing that crimes within the family are not really crimes and presupposition of the outcomes of the prosecutorial and judicial decisions as having an effect on police behavior at the scene. They conclude that while mediation still dominates as an intervention, assailants will feel they can beat their wives. Notes and tables are included. A



84) Koss, M. P., Goodman, L. A., Browne, A., Fitzgerald, L. F., Keita, G. P., and
         Russo, N. F. (1994). No safe haven: Male violence against women at home, at
         work, and in the community.
Washington, DC: American Psychological

This book offers a cross-discipline approach in discussing all manner of abuses perpetrated on women by men. As it contends that the health care community’s response has been limited, this report offers the findings by a task force of the American Psychological Association’s Committee on Women in Psychology. Since it covers rape and sexual harassment as well as violence at home, the discussions relating to the police are usually general and refer to the response to all violence against women. The authors specifically discuss the improper classifying of most domestic violence incidents as “simple assaults” and also the infrequency of arrests in these cases. In addition, they theorize that police officers attitudes toward gender and domestic violence greatly influence their responses. In conclusion, they maintain that the entire criminal justice system trivializes male violence against females. Look in the book’s index under “Justice System”. Notes and tables are included. A


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85) Lemon, N. K. D. (1991). Domestic violence: The law and criminal prosecution.
         (2nd ed.). San Francisco: Family Violence  Project.

More current than its sister publication (see annotation no. 68), this manual, designed for prosecutors rather than police, describes the police role throughout the prosecutorial process. Offering a different slant on the police response, this manual discusses the necessity for highly trained officers in responding to these calls as an important precursor to prosecution. Because of the hearsay rules--where police officers are allowed to give testimony at preliminary examinations in cases with uncooperative victims--and the admissibility of spontaneous utterings, the manual underscores the importance of the officer’s attention at the initial encounter in these cases. The manual also explains the police officer’s role in cases where civil restraining orders or stay away orders have been violated, and their responsibility in obtaining emergency protective orders. Appendices, table of cases and statutes, and notes are included. P


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86) Lerman, L. G. (1992). The decontextualization of domestic violence. The Journal
         of Criminal Law & Criminology, 83,
217- 240.

The author responds to the findings of some of the replication studies (Milwaukee, Omaha, Charlotte, and Colorado Springs) and questions their merits. She maintains that the researchers in these studies do not discuss their own opinions of the problem and therefore are not working within a definable context. In addition, the design of the studies, which isolate arrest as a single solution, is questionable as the solution should in fact come from a coordinated criminal justice response. Other problems included the tabulation of repeat violence interviews, no control over police behavior (whereas in the Minneapolis Experiment the police were given scripted responses), and the attitudes of the researchers. This last she questions as they use criteria such as serious or non-serious violence, thereby suggesting that any abuse could be non-serious. Notes and references are included. M


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87) Litsky, M. (1994). Reforming the criminal justice system can decrease violence
         against women. In K. L. Swisher & C. Wekesser (Eds.), Violence against
(pp. 82-93). San Diego, CA: Greenhaven Press.

The author explains some of the rationalizations used by law enforcement officials when exhibiting their traditional “passive reluctance” with regard to spouse abuse cases. He underscores the importance of arrest as it communicates to all parties involved who is responsible and who should be held accountable in such instances. Also mentioned is the prosecutorial response and the state’s responsibility as well as the judicial role in the process. Throughout, the author illustrates the effects of a nonresponsive judicial system by presenting descriptions of disturbing incidents of abuse where proper intervention may have had an altering effect. He maintains that while the police response has changed, and progress has been made in the other branches, there are still those throughout the system that remain ignorant and subscribe to the myths that spouse abuse should be treated as a family matter. A


LD1 no. 198

88) Lowery, J. K. (1986). The impact of arrest: A discrete failure-time analysis of
Unpublished doctoral dissertation, University of California, Santa
         Barbara, CA.

The author uses the data from the Minneapolis Experiment in a discrete failure-time model in order to determine what if any impact arrest had on domestic violence offenders. Among his conclusions he found that arrest appeared to have a large impact on offenders with little prior criminal experience, thereby suggesting that early intervention could have a significant impact on the incidence of domestic violence. In addition, when compared to other intervention methods--mediation or separation--arrest did more to impact recidivism, and arrest may have more of an effect on certain types of offenders. Appendices, references, and tables are included. A


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89) Mancuso, P. J. (1989). Domestic violence and the police: Theory, policy, and
         practice. In L. J. Dickstein, & C. C. Nadelson, (Eds.), Family violence:
         Emerging issues of a national crisis
(pp. 125-141). Washington, DC: American
         Psychiatric Press.

The author discusses domestic violence in the historical context, beginning with the Roman Empire. Bringing the discussion more up to date he discusses the transition from the mid 1950s to the late 1960s when crime was increasing and the criminal justice system referred most family crime to family court. The increased caseload of family court did little to improve the family environment. He cites the Cocoanut Grove fire in the 1940s as a turning point in domestic violence theory. As local educators were contacted to help tell the victims’ families of the tragedy, these individuals observed patterns in human behavior which later led to theories of mediation and counseling. These were meant to take the burden off of family court. Womens’ advocacy groups and certain legal cases in the mid 1970s put pressure on the police departments to adopt intervention policies other than mediation. Affirmative and mandatory policies were adopted for these reasons and because of the findings of certain studies, including the Minneapolis Experiment. The author feels that attention given to mandatory arrest has subtracted from the affirmative policies. He believes the latter can be more effective in that they allow for some degree of discretion for the victim. He also points out that police action is far more measurable in affirmative policy environments. References are included. P


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90) Martin, M. E. (1990). Arresting violence: A study of the Connecticut courts’
         response to mandatory arrest for family violence.
Unpublished doctoral
         dissertation, Brandeis University, Waltham, MA.

A subsample of 90 cases from 4138 cases disposed in the Connecticut courts subsequent to the enactment of mandatory arrest legislation in that state was drawn and analyzed to determine characteristics of the cases. In total, only 14% of the cases were prosecuted and the strongest indicator of a case being prosecuted was that the offender had a previous arrest. Dual arrest had occurred in 30% of these cases. The author recommends that police and prosecutorial guidelines be better established to improve information systems and reduce the number of cases where dual arrest occurs. Appendices, notes, references, and tables are included. M


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91) Mederer, H. J, & Gelles, R. J. (1989). Compassion or control: Intervention in
         cases of wife abuse. Journal of Interpersonal Violence, 4, 25-43.

The authors discuss both control and compassionate intervention models. The report begins with their explanations for the rise in control interventions as a response to the rise in victim advocacy, the Minneapolis Experiment, the U. S. Attorney General’s Task Force on Family Violence, and successful class action suits. In addition, they believe that there was a rise in control interventions throughout the criminal justice system. This change in social policy may not have been the result of either empirical or theoretical evidence, but rather the byproduct of a general approach to crime and deviance--a political rather than social process. Advantages and disadvantages of both control and compassionate interventions are discussed and the authors subsequently advise that some combination of both is needed to counteract the problem. They add that one way to combine these approaches effectively would be to use control (arrest, prosecution, and sentencing) to enforce treatment programs. Notes and references are included. P



92) Meier, J. (1987). Battered Justice. The Washington Monthly, 19, (4) 37-45.

After recounting several horror stories involving police inadequacies and insensitivities to the issues, the author maintains that underlying much of the police reluctance to arrest is the feeling that domestic violence is not a real crime. In addition, many people hold the belief that the women can just leave the situation, police feel that the cases won’t get prosecuted, and prosecutors feel that judges won’t convict. Citing court cases rather than empirical studies, this report offers a look at the traditional non-effective response to domestic violence. The author concludes with a discussion of the changes in the criminal justice response and the assertion that there is clear evidence that arrest intervention reduces domestic violence. This report also contains a sidebar which discusses the historical rights of men in family violence situations. A


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93) Mignon, S. I. & Holmes, W. M. (1995). Police response to  mandatory arrest
         laws. Crime & Delinquency, 41, 430-442.

The authors overview mandatory and presumptive arrest laws and maintain that departments did not encourage these policies nor were officers quick to change their response behavior. In this study, questionnaires were filled out by officers in 24 police departments in Massachusetts. The report focuses on outcomes of police interventions, the relationship to police training and experience, and arrest correlates. In the 861 cases reported in the study, one third of the offenders were arrested. These were usually for assault, violation of protective orders, and other—which included destruction of property, drunkenness, or disorderly conduct. While dual arrest occurred in 2.4% of the cases, these were much fewer than other states with mandatory arrest laws. The study found that the less domestic violence training an officer had, the more he was apt to make an arrest (the authors advise that further research be done with respect to this finding). Correlates of arrest changed with the new laws—the presence of a weapon had a much greater likelihood of arrest subsequent to the law (52% as opposed to a previous 7.5%). In assessing the laws, many of the officers stated that they felt the laws clarified their responsibility. In conclusion, the authors state that the mandatory arrest laws are probably not going to be overturned despite much debate and that overturning them could send a message that abuse is acceptable behavior. Also, they believe that additional intervention may be needed for high risk offenders and that prosecutors and judges should also have policies. Charts, references, and tables are included. M


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94) Mitchell, D. B. (1992). Contemporary police practices in  domestic violence
         cases: Arresting the abuser, is it enough?  The Journal of Criminal Law &
         Criminology, 83,

The author discusses findings from some of the replication studies and asserts that while the results run counter to the mandatory arrest philosophy, he believes arrest coupled with other intervention tools can be an effective deterrent. He explains that the role of police as law enforcers is changing and that there is a new philosophy whereby police should address causative factors, and prevention of crime, as well as provide law enforcement. To this end, he believes states should enact stalking laws so that police can act before it is too late. He continues that mandatory government does not have to mean mandatory arrest. It could be composed of elements like mandatory counseling or prescribed policies within other branches of the criminal justice system. He concludes that domestic violence is only a part of an escalating crime problem and that other members of the community, including educators, government officials, and parents, must become part of the process. References are included. A



95) Murphy-Milano, S. (1996). Calling the police. In Defending our lives: Getting
         away from domestic violence and staying safe
(pp. 53-66). New York: Anchor

The author--a child of an abusive husband and father who eventually killed his wife and himself--writes from both this personal experience and her work as the founder of “Project: Protect” in Chicago. In this comprehensive resource guide written for victims, she devotes this chapter to an explanation of police procedure and what the victims should expect when police respond to their calls. Because different departments have different policies depending on state laws, she advises that women should investigate their local departments’ policies. She gives special advice to those victims whose abusers are police officers as she claims that law enforcement officials are not inclined to effectively deal with their colleagues. Also, these particular abusers are too familiar with the resource centers and options available to their victims. She provides a directory of domestic violence programs by state. P


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96) New York (N.Y.) Police Department. (1994).  Breaking the cycle of domestic
New York: The Department.

As part of its commitment to revise current procedures in dealing with domestic violence, this report first summarizes the current “must-arrest” policy but points out that it is probably not followed by many officers and that current statistics gathering methods make it difficult to determine the effectiveness of the current policy. The new strategy would involve recording all calls of domestic violence incidents via the development of a computer database, employing a domestic violence prevention officer in each precinct, expanding training, and revising current procedures and policies (including a revision of written policy to eliminate ambiguous language). After a six month period, the department was to submit a report to the mayor. M



97) Parnas, R. I. (1993). Criminal justice responses to domestic violence. In L. E.
         Ohlin & F. J. Remington (Eds.),
Discretion in criminal justice: The tension
         between individualization and uniformity
  (pp. 175-210). Albany: State
         University of  New York Press.

The author discusses change in the criminal justice role in domestic violence from a historic basis and notes that prior to 1967 there was no literature on the subject of the law’s response to domestic violence. A discussion of the subsequent evolution of law enforcement involvement and the causes of the full enforcement atmosphere of the eighties follows. While maintaining that the police may not have always intervened appropriately, the author believes that they are the best prepared to intervene. Also, he feels that mandatory provisions go too far (he refers to no-drop prosecution as well as mandatory arrest policies) and that officials should be allowed to exercise some level of discretion. Notes are included. P


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98) Polsby, D. D. (1992). Suppressing domestic violence with law reforms. The
         Journal of Criminal Law & Criminology, 83,
250- 253.

The author points out the difference in specific deterrence and general deterrence as they apply to arresting domestic violence offenders. While the replication studies may indicate that arrest does not serve as a specific deterrent in these cases, he maintains that to determine whether it serves as a general deterrent would probably take a full generation to measure and even that would be difficult given other variables. He defends arrest reforms because while there is some empirical evidence that they may be ineffective, they are certainly “proper” and they represent “justice”. M



99) Schmidt, J. D. & Sherman, L. W. (1996). Does arrest deter domestic violence?
         In E. S. Buzawa & C. G. Buzawa (Eds.), Do arrests and restraining orders
(pp. 43-53). Thousand Oaks, CA: Sage Publications.

The authors summarize the findings of five of the replication studies (Omaha, Wilwaukee, Charlotte, Metro-Dade county, and Colorado Springs) and conclude from these that the effect of arrest may vary depending on certain factors. Their interpretation of the research concludes that arrest policies may decrease the incidence of domestic violence in some cities and increase the incidence in other cities. In addition, the authors maintain that arrest may have the desirable effect on employed offenders as opposed to unemployed, and may reduce the level of domestic violence in the short run but not in the long run (where it may actually increase the level). Based on the previous studies and on their conclusions, the authors recommend that laws which call for mandatory arrest policies be repealed and that officers be given more discretion (based on agency policy), be allowed to make warrantless arrests, and issue more arrest warrants for absent offenders. In addition, the authors feel that law enforcement agencies should have more effective procedures for dealing with chronically violent couples. A table is included. A



100) Stark, E. (1996). A reply to critics of mandatory arrest. In E. S. Buzawa & C. G.
           Buzawa (Eds.), Do arrests and restraining orders work?
(pp. 115-149).
           Thousand Oaks, CA: Sage Publications.

Through lengthy explanation and reference to major empirical studies, the author addresses three points made by critics of mandatory arrest policies: that these policies do not work, that these policies are not humane and benefit neither the victim nor the assailant, and that the victims themselves do not want this type of intervention. By refuting the major arguments to each point, including those conclusions raised by the results of the Minneapolis Experiment replication studies, social interventions as an alternative to arrest, and the disempowerment of women that many feminists believe is a result of mandatory arrest policies, he maintains that mandatory arrest policies represent a better distribution of justice between men and women. Notes and references are included. M



101) Statman, J. B. (1990). Part three: How to find help. In  The battered woman’s
           survival guide: Breaking the cycle
(pp. 87-157). Dallas: Taylor.

In this survival manual for battered women, the author points out that the criminal justice system is imperfect and that there is a gender-bias in the law. While the system has historically dealt very badly with problems of family violence, she maintains that both laws and attitudes are changing. With this in mind, she advises victims to learn the laws in their states and she offers explanations as to the different types of protective mechanisms--peace bonds, protective orders, temporary protective orders, and temporary restraining orders. She believes that women should press charges as this is probably the best solution for all parties. It could get the batterer into a treatment program and at the very least, it would stop the immediate abuse. Appendices are included. A



102) Steinman, M. (1991). The public policy process and woman battering: Problems
           and potentials. In Woman battering: Policy responses (pp. 1-17). Cincinnati:

The author describes the adoption of arrest policies as “speculative augmentation”--when public concern over an issue forces officials to adopt policies but they are not sure of which policies the public will accept. He believes that those factors leading up to policy change were the women’s movement and the Minneapolis experiment--the latter having transformed the incidence of wife battering from a woman’s issue to  a law and order issue. He does speculate, however, that policy reform may have come about as a result of self-interest or self-protection and that there was probably some resistance. He concludes that policy makers should be aware of different interests and consider coordinated inter-agency programs. Also, as the criminal justice system works via the process of arrest, prosecution, trial, and punishment, this represents a coordinated effort that many private institutions can not provide. Notes are included. A


HV 7936.P75 S75

103) Stith, S. M. (1986).  Police officer response to marital violence predicted from
           the officers’ attitudes, stress, and marital experience: A path analysis.

           Unpublished doctoral dissertation, Kansas State University, Manhattan, KS.

The researcher constructed this study to determine whether or not certain attributes could be linked to police response to domestic violence situations and to identify issues which need to be addressed in police training programs. Seventy-two married male officers from sheriff and police departments in northeast Kansas were surveyed. Variables tested were: age, education, level of sex-role egalitarianism, reported level of stressful events, reported level of marital stress, attitude toward marital violence, and method of handling conflict in his own marriage. These were analyzed to determine if they could be linked to the following responses: his likelihood of arresting the abuser, mediating with the couple, or responding negatively to the victim. The findings showed that an officer’s tendency to respond negatively to victims of domestic violence is a function of violence in his own family. Also, the more the officer believes in gender inequality, the more likely he is to accept domestic violence. Appendices, charts, graphs, models, notes and tables are included. A



104) Stratton, N. R. M. (1990). The domestic violence response team. In J. A.
           Brown, P. C. Unsinger, & H. W. More (Eds.), Law enforcement and social
(pp. 21-49). Springfield, IL: C. C. Thomas.

A procedural essay for police, the author offers guidelines on how to approach a domestic disturbance call. He recommends that officers be aware of all available resources, including social welfare services as the victims’ needs should be the major concern. He also stresses that all cases where there is an arrest made should be handled with the anticipation that the case is going to prosecution so that officers are prepared for every possibility. In addition, he explains that children often make good witnesses and information from them may be helpful in building a case. He also recommends that one person in the law enforcement agency be responsible for coordination of reports and collecting data so that the information gathered from these can be used for future research. In a discussion about training, he points out that arrest should be used in domestic violence incidents just as it is used in cases of stranger violence and that each department should have a written policy in place. Charts and notes are included. A



105) Thorne-Finch, R. (1992). Ending the silence: The origins and  treatment of
           male violence against women.
Toronto: University of Toronto Press.

The author contends that while laws restricting women are changing, the power that men have over women is not decreasing. The book covers male violence against women and its effects, motivational factors, and what is being done to curtail the violence. What men themselves are doing to reform and the resources available to them are also discussed. The author maintains that the police perpetuate many of the myths surrounding domestic abuse by sometimes excusing men’s violence or referring to the incident as a domestic dispute rather than a violent crime. In addition, it is theorized that police response does affect offender recidivism. Look in the book’s index under “Police”. Appendices, graphs, and notes are included. A


Film and Bound Periodicals

106) Tolman, R. M. & Weisz, A. (1995). Coordinated community intervention for
           domestic violence: The Effects of arrest and prosecution on recidivism of
           woman abuse perpetrators. Crime & Delinquency, 41, 481-495.

This study was designed to determine the effectiveness of arrest and prosecution on recidivism of male batterers. The authors point out that this combination’s effect has been largely ignored by researchers. A review of the literature divided previous research on intervention’s effect on recidivism into four categories: system-level activity, arrest, prosecution, and coordination efforts. In this study, the police reports of domestic violence calls in DuPage County, Illinois were analyzed over a three-month period. This county’s protocol includes a pro-arrest policy. In addition, the prosecution is discouraged from dropping cases even without a complainant and should be proactive in gaining the victim’s cooperation. Also, victim advocates are available who support victim cooperation. The study found that the more closely the protocol was followed and implemented, the less likely the offender was to repeat the abuse. In addition, these results seemed to hold up over times as the deterrent effect was maintained throughout an 18-month period. Graphs, references, and tables are included. A


On order at John Jay
Currently available at other Cuny Libraries, check catalog

107) Unger, R. K. & Crawford, M. (1992). Women and gender: A feminist
Philadelphia: Temple University Press.

While the book is feminist in its approach and developed within the feminist framework, the authors are both psychologists as well as feminists. The book addresses race, ethnicity, class, sexual orientation, and age and the differences these attributes play on womens’ lives and experiences. Within this work is a segment on violence against women which covers pornography, incest, courtship violence, acquaintance sexual assault and rape, as well as wife abuse. As an explanation to what is being done about wife abuse, the authors present a discussion of the changing response of police via training programs, the likelihood of police response, and the availability of restraining orders. Look in the book’s index under “Violence, in Cultural Context”. A


Fiche and Bound Periodicals

108) Van Blaricom, D. P. (1985). Domestic violence. The Police Chief,52, (6) 64-65.

As police chief of the city of Bellevue, Washington, the author discusses the policy which that department adopted and the response methodology required of its officers. He recounts the details of two homicide victims who had previously been abused and who had called the police. In both these cases, under the old policy, because the victims refused to prosecute, no arrests were made. The new policy instructs officers to handle domestic violence cases in the same manner that stranger violence cases are handled. In addition, a methodology was developed which calls for: 1)filling out a report and assigning it a classification regardless of whether or not an arrest was made; 2) offering transportation to a hospital or social welfare facility if the victim is afraid; 3) in cases of arrest, offenders go to jail--even in misdemeanor cases--and bail is set; 4) taking victim’s statement; 5) the prosecutor issues a no-contact order; 6) in cases of misdemeanor and the offender pleads guilty, he is ordered to counseling; and 7)in all cases the report goes to a social services agency so that they can contact the victim and offer their services. The year that this policy went into effect there was a 39% increase in reported assaults. The police took this to mean that more victims were coming forward because of the program. A



109) Walker, L. E. (1989). Terrifying love: Why battered women kill and how society
(1st ed.). New York: Harper & Row.

This author identified and named the Battered Woman Syndrome in an earlier work. In this book, she points out the traditional attitudes of the police and criticizes law enforcement for its inaction and lack of effectiveness in these cases. She also points out, however, that the criminal justice system is extremely effective when confronting those women who defend themselves and kill their abusers. Personal narratives and actual accounts are used to illustrate the author’s comments on the lack of responsiveness by the police. This book places the police role within the context of the battered woman’s experience and therefore discusses victims’ perceptions of the police (in this case, mostly unfavorable) as well as the actuality. Look in the book’s index under “Police”. Notes are included. P


On Reserve
under bibliography title

110) Yecidis, B. L. & Renzy, R. B. (1994). Battered women’s experiences with a
           preferred arrest policy. Affilia, 9, 60- 70.

The authors conducted a study in four shelters in a Florida County wherein 51 women were provided with questionnaires asking for demographic information as well as information relating to the police response to their domestic violence incidents. The results disclosed that although 36 respondents wanted their abusers arrested, only 12 arrests were made. However, of the 51 women, 33 of them were satisfied with the police. The authors note that this may be because only 8 of the victims knew about Florida’s preferred arrest policy. The study also disclosed that there was a differential in terms of arrest rate depending on the victim’s race--of the nine ethnic minorities who participated in the study, 2 arrests were made on behalf of the Hispanic women but no arrests were made for the 6 African-American women. The authors concluded that the findings imply that social workers should participate in the design of police training programs and influence feminists to put pressure on police departments to arrest spouse abusers. P


LD1 no.943

111) Young, G. A. (1990). Domestic dispute calls: A study of the effectiveness of
           police training for domestic violence protocol change.
Unpublished doctoral
           dissertation, University of Missouri, Kansas City, MO.

This study used a pretest-posttest design to determine the effectiveness of training on police response to domestic violence calls. It also attempted to gauge victims’ observations regarding the criminal justice response to their own personal situations. The preceding review of the literature discussed adult education theory as well as domestic violence in America, the police response, and law enforcement training. In order to produce information which would help design police training programs, the subjects--patrol officers in a Kansas Police Department--were given an inservice training program and tested prior to and after the program. Results showed that while the training increased knowledge initially, a second posttest given one year later displayed no significantly greater knowledge than was present prior to the training. The author claimed that the victim response population in this study was too small to make accurate inferences; however, those interviewed voiced discontent with police response. She concludes that there is a need for repeated inservice training. Appendices, charts, notes and tables are included. P


Bound Periodicals

112) Zorza, J. (1992). The criminal law of misdemeanor domestic violence,
           1970-1990. The Journal of Criminal Law & Criminology, 83, 46-72.

The author is a staff attorney at the National Center on Women and Family Law. In this article she presents a description of the legal events leading up to the policy changes which occurred throughout the country. Rather than attributing the change to the Minneapolis Experiment, she maintains that its findings came at a time when policies were already being affected by lawsuits and when victims’ advocates were looking for proof of their position. She raises questions about the replication experiments and points out that while arrest does not necessarily create a deterrent for other crimes, law enforcers do not consider eliminating arrest in these cases. Also, she claims that the studies do not take into account how the victims feel about the various responses or whether these responses had any effect on their children. Because many sons of abusers grow up to demonstrate the same behavior, if arrest acts as a deterrent to future behavior, then it is in fact an effective intervention. References are included. M



113) Zorza, J. & Woods, L. (1994). Analysis and policy implications of the new
           domestic violence police studies.
National Battered Women’s Law Project,
           National Center on Women and Family Law.

This report offers summaries and analysis of the Minneapolis Experiment and the five replication studies in Omaha, Milwaukee, Charlotte, Colorado Springs, and Metro-Dade.  In addition, a comparison of the experiments and a lengthy discussion on the design flaws in the experiments is also provided. The authors conclude that contrary to previous conclusions drawn from these experiments, their results indicate that arrest does act as a deterrent in domestic violence incidents and that policies not to arrest based on the replication studies are based on erroneous conclusions. References and tables are included. A


Author Index
Annotation numbers are in parentheses.

Abul, Eileen Mazur (19)
Attorney General's Family Violence Task Force (Harrisburg, PA)(48)
Attorney General's Task Force on Family Violence (United States)(3)
Austin, Gary (8)
Austin, Thomas L. (58)
Bacich, Anthony R. (10)
Baker, William D. (20)
Bangham, LeRoy (49)
Barnett, Ola W. (50)
Bean, Constance A. (51)
Belknap, Joanne (21)
Bellevue Police Department (Bellevue, WA)(60)
Berk, Richard A. (4)(7)(11)(22)(23)
Berk, Sarah Fenstermaker (22)(23)
Binder, Arnold (6)
Blackman, Julie (52)
Bolton, Frank G. (24)
Bolton, Susan R. (24)
Bouza, Anthony (53)
Bowker, Lee H. (25)
Bowman, Cynthia Grant (54)
Breci, Michael Gene (55)
Breedlove, Ronald K. (1)
Browne, Angela (56)(84)
Burris, Carole Anne (2)
Burstow, Bonnie (57)
Buzawa, Carl G. (58)(59)
Buzawa, Eve S. (26)(58)(59)
Campbell, Alec (11)
Caputo, Richard K. (27)
Charlotte Replication Experiment (12)
Clemmer, Elizabeth (31)
Cohn, Ellen G. (5)(10)
Collins, Dean J. (10)
Colorado Springs Replication Experiment (11)
Conrad, Maryann (14)
Costakos-Andreacchi, Olivia K. (61)
Crawford, Mary (107)
Crime Control Institute (15)
Dade County Replication Experiment (13)
Davis, Robert C. (28)
Duncan, Thomas Stanley (62)
Dunford, Franklyn W. (9)
Dutton, Donald G. (29)(63)
Edelson, Jeffrey L. (64)(74)
Ellis, Desmond (65)
Ewing, Charles Patrick (66)
Fagan, Jeffrey (32)(67)
Family Violence Project (San Francisco, CA)(68)
Feldberg, Michael (16)
Felder, Raoul L. (69)
Fenstermaker, S. (see Berk, Sarah Fenstermaker)
Ferraro, Kathleen J. (70)
Finn, Mary A. (30)
Fisher, Ellen R. (78)
Fitzgerald, Louise F. (84)
Ford, David A. (17)(71)
Friedman, Lucy N. (72)
Frisch, Lisa A. (73)
Gamache, Denise J. (74)
Garner, Joel (31)(32)
Gartin, Patrick R. (10)
Gelles, Richard J. (33)(75)(91)
Gillespie, Cynthia K. (76)
Goldman, Jessica L. (77)
Goldsmith, Stephen (71)
Gondolf, Edward W. (78)(79)
Goodman, Lisa A. (84)
Hamilton, Edwin E. (13)
Harshbarger, Stephen (80)
Hirschel, J. David (12)(81)
Holmes, William M. (93)
Hutchison III, Ira W. (12)(81)
Jacobs, Nancy P. (36)
Jaffe, Peter (2)(8)
Jahn, Thomas M. (14)
Johnson, Ida Mae (34)
Jones, Ann (82)
Kantor, Glenda Kaufman (83)
Keeley, Stuart (46)
Keita, Gwendolyn Puryear (84)
Kennish, John W. (1)
Klap, Ruth (11)
Klinger, David A. (35)
Koss, Mary P. (84)
Landes, Alison (36)
LaViolette, Alyce D. (50)
Lemon, Nancy K. D. (85)
Lerman, Lisa G. (86)
Litsky, Matthew (87)
Loseke, Donileen R. (22)
Lowery, Joseph Kent (88)
Lurigio, Arthur J. (43)
Mancuso Jr., Peter J. (89)
Manning, Peter K. (18)
Marciniak, Elizabeth M. (37)
Martin, Margaret E. (90)
Maxwell, Christopher (32)
McCall, K. Douglas (21)
McCord, Joan (38)
McFerron, J. Richard (79)
Mederer, Helen J. (91)
Meeker, James W. (6)
Meier, Joan (92)
Mignon, Sylvia I. (93)
Milwaukee Replication Experiment (10)
Minneapolis Experiment (4)
Mitchell, David B. (94)
Murphy-Milano, Susan (95)
Newton, Phyllis J. (7)(22)(23)
New York Police Department (New York, NY) (96)
Omaha Replication Experiment (9)
Parnas, Raymond I. (97)
Pate, Anthony M. (13)
Polsby, Daniel D. (98)
Regoli, Mary Jean (71)
Reichard, Ruth (71)
Renzy, Robin Berman (110)
Rogan, Dennis P. (10)
Russo, Nancy Felipe (84)
Sandler, Donald M. (1)
Saunders, Daniel G. (39)
Sawtell, Robert K. (1)
Schmidt, Janell D. (10)(99)
Schock, Michael D. (74)
Sherman, Lawrence W. (4)(5)(10)(40)(41)(99)
Shulman, Minna (72)
Siegel, Mark A. (36)
Smith, Barbara (28)
Smith, Douglas A. (10)
Stalans, Loretta J. (30)(42)(43)
Stanko, Elizabeth A. (44)
Stark, Evan (100)
Statman, Jan B. (101)
Steinman, Michael (45)(102)
Stith, Sandra Murdock (103)
Stratton, Neil R. M. (104)
Straus, Murray A. (33)(83)
Suh, Edward K. (19)
Telford, Anne (8)
Thorne-Finch, Ron (105)
Tolman, Richard M. (106)
Unger, Rhoda (107)
Van Blaricom, D. P. (108)
Victor, Barbara (69)
Waaland, Pam (46)
Walker, Lenore E. (109)
Wallace, Harvey (47)
Weisz, Arlene (106)
Western, Bruce (11)
Wolfe, David A. (8)
Woods, Laurie (113)
Yecidis, Bonnie L. (110)
Young, Gay Ann (111)
Zorza, Joan (112)(113)


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