Can Officers Effectively Prosecute Domestic Violence Cases Without Victim Participation?

Can Officers Effectively Prosecute Domestic Violence Cases Without Victim Participation?

Length: 916 words (2.6 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

When prosecuting criminal domestic violence cases too many officers constructed their entire case only on statements made by the victim. However, “victims of domestic violence are more likely than victims of other violent crime to recant or refuse to cooperate in prosecutorial efforts” (Breitenbach, 2008, p. 1256). Officers must consider that victims of domestic violence may refuse to testify because of fear of retaliation, intimidation, financial dependence, emotional attachment, and/or because they reunited with the batterer. If the victim refused to testify during court, their statement against the abuser becomes hearsay evidence. Several recent cases have had a huge influence on how those statements and hearsay evidence may be utilized in court without the victim’s testimony.
In 2004, the Supreme Court ruled on the case of Crawford v Washington and found that testimonial assertions were not exceptions to the hearsay rule (Breitenbach, 2008). Since the purpose of a testimonial statement was to prove and/or establish facts in a case, the defendant had a right to cross examination of that testimony. This right was termed the Confrontation Clause. Due to the confusion created by the Crawford standard, the Supreme Court provided more parameters in Davis v Washington in June 2006 (Ewing, 2007). Davis established victim accounts as either testimonial or non-testimonial. The courts also believed this included statements taken during the course of an interrogation conducted by law enforcement. If the declarations were acquired by law enforcement to determine an ongoing emergency then they were identified by the court as non-testimonial and not subject to the requirements of the Confrontation Clause. If the statements we...


... middle of paper ...


...ion of the victim.





Works Cited

Breitenbach, K. G. (2008, Fall). Battling the threat: the successful prosecution of domestic violence after Davis v. Washington. Albany Law Review, 71(4), 1255+. Retrieved from http://go.galegroup.com/ps/i.do?id=GALE%7CA200252467&v=2.1&u=chazsu_main&it=r&p=AONE&sw=w
Byrom, C. E. (2005). The Use of the Excited Utterance Hearsay Exception in the Prosecution of Domestic Violence Cases After Crawford v. Washington. Review Of Litigation, 24(2), 409-428.
Ellison, L. L. (2002). Prosecuting Domestic Violence without Victim Participation. Modern Law Review, 65(6), 834-858.
Ewing, D. (2007). Prosecuting Batterers in the Wake of Davis and Hammon. American Journal Of Criminal Law, 35(1), 91-106.
Pence, E. & Paymar, M. (2001). Domestic violence: The law enforcement response. Minneapolis, MN: Law Enforcement Resource Center.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

A Research Data Released From The Minneapolis Domestic Violence Experiment

- The research data released from the Minneapolis Domestic Violence Experiment revealed that arresting the perpetrator in domestic violence incidents caused a decline in recidivism rates and deterred future events (Pate and Hamilton 1992). Prior sociological research was largely ignored by policymakers, but the increasing pressure placed on states by feminists, lobbyists, and threat of litigation caused legislators to consider the results released from the Minneapolis experiment (Phillips and Sobol 2010)....   [tags: Domestic violence, Crime]

Better Essays
1615 words (4.6 pages)

Silent Screams: Cases of Domestic Violence in The United States Essay example

- Silent Screams This is the tenth time that Lisa has been admitted to the hospital within the past two years. At least this time there aren’t any broken bones or concussions to worry about. Lisa only has two black eyes, a patch of her beautiful long hair forcibly yanked from her head, a nasty black and blue bruise on her neck and a few nails ripped directly from the newly manicured nail beds. Lisa swore to God and her best friend Brandy that this was the final straw. Actually, she made that exact same pledge under oath just three months ago, yet she is coincidently in the same position she vowed never to return to....   [tags: low self-esteem, domestic violence, women]

Better Essays
1461 words (4.2 pages)

The Intervention Of Domestic Violence Cases : Civil Restraining Orders And Protection Orders

- Another remedy used to intervene in domestic violence cases is civil restraining orders and protection orders. Courts have permitted victims to avoid the often inadequate criminal process. In the 1970s orders of protection were difficult to obtain because victims had to file for divorce to be eligible. “The early protection orders were limited to prohibiting contact and/or further violence, but today judges have wide discretion to craft remedies and stronger sanctions for violations. (Eigenberg, 2003)....   [tags: Violence, Abuse, Domestic violence]

Better Essays
1336 words (3.8 pages)

Essay on The Effects Of Domestic Violence On Women

- tro Domestic violence can often go unnoticed, unreported and undeterred before it’s too late. Unfortunately, recent awareness efforts have gathered traction only when public outcry for high profile cases are magnified through the media. Despite this post-measured reality, a general response to domestic violence (DV) and intimate partner violence (IPV) by the majority of the public is in line with what most consider unacceptable and also with what the law considers legally wrong. Consider by many, more than just a social discrepancy, the Center of Diseases Control and Prevention currently classifies IPV and DV as a social health problem (CDC, 2014)....   [tags: Violence, Domestic violence]

Better Essays
785 words (2.2 pages)

Positive Impacts of Employee Ownership and Representative Participaiton Essay

- POSITIVE IMPACTS OF EMPLOYEE OWNERSHIP & REPRESENTATIVE PARTICIPATION In response to intensified global and domestic competition, many worldwide companies have sought to improve company performance through more efficient use of their work forces. One of the prime ways of utilizing workforces efficiently is by involving employees in various business propositions and activities (Cooke, 1994). Employee involvement is defined as “a participative process to use the entire capacity of workers, designed to encourage employee commitment to organisational success” (Cotton, 1993)....   [tags: involvement, satisfaction, participation]

Better Essays
1311 words (3.7 pages)

Domestic Violence And Domestic Abuse Essay

- In the U.S. the average number of domestic violence cases that are reported per year is 134,903 (National Domestic Violence Hotline, 2012). Domestic violence is present throughout all of the United States, whether the people of society recognize it or it is under the radar and not seen. In today’s society domestic violence is actually very common in homes whether it is between a man and a woman or a parent and child. Domestic violence can be defined in many different ways because there are several diverse types of domestic abuse....   [tags: Abuse, Child abuse, Domestic violence]

Better Essays
2925 words (8.4 pages)

Domestic Abuse And Domestic Violence Essay example

- Domestic Violence is a widely recognized issue here in the United States. Though many people are familiar with domestic violence, there are still many facts that people do not understand. Abuse is not just physical, it is mental, emotional, verbal, sexual and financial. Many victims of physical abuse are also fall victim to these abuse tactics as well. An abusive partner often uses verbal, mental, emotional, and financial abuse to break their partner so to speak. It is through this type of abuse the victim often feels as though they are not adequately meeting their partner’s needs....   [tags: Abuse, Domestic violence, Psychological abuse]

Better Essays
1316 words (3.8 pages)

Domestic Violence : A Serious Problem Essay

- Domestic violence is well-known to be a serious problem in Canada. Domestic violence includes physical assault or aggressive actions against family members, spouse, intimate partner, boyfriend or girlfriend. It can have many negative results and even result in death. Statistics Canada (2013) mentions stress, chronical diseases and addictions as common results of domestic violence. In most cases, the victims are women. According to Statistics Canada (2013), among all the cases of domestic in 2013, 80% of victims were women....   [tags: Domestic violence, Violence, Assault, Alcoholism]

Better Essays
1338 words (3.8 pages)

Substance Abuse And Domestic Violence Essay

- Crystal methamphetamine has been linked to domestic violence (Luis, 2010, Hendricks, 2012). Additionally, instances of domestic violence involving ‘ice’ have found to result in more significant injuries to victims than other domestic violence incidents (Luis, 2010). Furthermore it has been identified that methamphetamine use is more prevalent in remote and rural areas of Australia (Phillips and Vendenbroek, 2014). It is possible that this is due to the mental impact of isolation on persons living in rural areas, and associated substance abuse as a coping mechanism....   [tags: Domestic violence, Child abuse, Violence]

Better Essays
902 words (2.6 pages)

The Minneapolis Domestic Violence Experiment Essay

- Domestic Violence has been an integrated part of many family units throughout history. Until the mid 1980’s, domestic violence was thought to be the families problem, a dirty little secret that needed to be dealt with inside the family circle. This mind set changed when a notable study was done in the Minneapolis Minnesota area in the 1980’s. This study not only impacted the actual area it was conducted in, but the way domestic violence offenders were dealt with by police officers across the country....   [tags: Domestic Violence Policing Methods]

Free Essays
1086 words (3.1 pages)