Offender Accountability: A System Perspective The Good, The Bad and The Ugly James E. Henderson Jr. MSW, CAC-R Rated M: Suggested for Mature Audiences, may contain adult language. 8 th Annual Spring Training Fargo, North Dakota , 5/8/13
Learning Objectives l l Identify how the system enhances or impedes victim safety & offender accountability. Identify the similarities & differences between partner abuse and substance abuse. Identify new tools for managing offenders. Identify national resources for the management of those charged with DV.
THERAPEUTIC JURISPRUDENCE l l The legal system advances or impedes therapeutic goals. Laws can act as a therapeutic agent. Legal actors constitute social forces that produce therapeutic or antitherapeutic results. The justice system can enhance therapeutic outcomes by holding offenders accountable and enhancing the victim’s safety.
PREVENTATIVE LAW l Come up with strategies to avoid or minimize the anticipated legal trouble. l Proactively monitoring domestic violence cases to insure that court orders are being carried out.
S. Goldsmith (1991) l Between arrest and prosecution 30% of offenders re-assault
RESTORATIVE JUSTICE (small piece) l Advocates that victims should have more input into the proceedings. l Those victimized should be restored as far as possible to their former condition.
Local Network of Partners that create the Wall of Accountability & Support Civil Protection Order System Law Enforcement Agencies Family Courts Prosecutors’ Offices Defense Bar Batterer Intervention Programs Other Agencies and Institutions Victim Services The Judge Probation and Parole Community Residents/Victim Families
Our Mission, Should You Choose to Accept It… Misdemeanor Courts, C Probation, Police, C Prosecutors, Defense Counsel, C SAFE House, BIPs County Administration C City of Ann Arbor and other members of the community collaborate to: Maximize the safety of those victimized by the violence; End community tolerance of domestic violence; Hold offenders accountable for their violence and abuse; Ensure fair and equitable treatment in the criminal justice system for persons affected by domestic violence. Adapted from Washtenaw County JODI Mission Statement
Maximize Victim Safety Victim safety trumps offender accountability l Ongoing victim contact: - Extensive (free) training from victim advocates – Sensitive victim interview critical – Shift from gathering to providing information – Personalized and ongoing safety planning l Why? – Batterers lie l
THE BOTTOM LINE l “The primary responsibility of prosecution is to see that justice is accomplished. ” – § 1. 1 NDAA National Prosecution Standards, 2 nd Ed. , 1991
Has Justice Been Done If: l The system fails to stay involved after conviction? l The consequences for the victim are harsher than those given to the defendant? l We offer the victim false hope? l We taught the victim to never trust us again?
NIJ Journal No. 253 Jan 2006 Victim Satisfaction With the Criminal Justice System l l l 118 women tracked for 1 year 49% admitted that had been re victimized 22% reported the incident. More Likely to report less serious offenses For individuals who experienced ongoing abuse, reporting this latest incident may be viewed as useless ritualism.
NIJ Journal No. 253 Jan 2006 Victim Satisfaction With the Criminal Justice System l l l Common variables in satisfied cases Incidents were less serious Offenders were less dangerous The victim felt some control over the court Reported less violence in her past Felt control over ending the violence Felt control over her offenders future conduct
Consider : l Effective investigation, prosecution and monitoring of batterers is a form of homicide prevention. l Effective “intervention” requires an effective postsentencing strategy…. l Many abusers return home and continue abuse. – You must keep victim safety in mind at all times!
Standard Sentencing Recommendation 1. ) Restitution 2. ) Length of time on probation 3. ) Long term BIP
Standard Sentencing Recommendation Cancel conditions of PT release on LEIN. Enter the following conditions of probation on LEIN: J. ) Defendant is restrained from harassing, stalking, or threatening, or engaging in other conduct that would place _____ in reasonable fear of bodily injury. K. ) No assaultive or threatening behavior with ___ or anyone else; L. ) No contact with_. M. ) No going to _____. N. ) No use/possession of alcohol, illegal drugs, or drug paraphernalia or being in the presence of anyone, possessing /using any illegal drugs or drug paraphernalia. O. ) Not to possess/purchase/use any firearms, firearm components, ammunition or other dangerous weapons, or be in the company of anyone known to possess them.
Additional Sentencing Recommendations l Attend the One day DV effects on children class l Attend MSU Extension parenting class. l Report to MI Works every Monday at 9 am until gainfully employed. ( minimum 8 job applications per week) l Must pay child/spousal support as ordered and provide proof to probation l Attend AA daily until gainfully employed then __X per week. l Attend BIP 3 X per week until gainfully employed.
At Sentencing: l Consider what happens to those victimized post adjudication. l Consider the risks and consequences of sharing victim’s information in open court?
Post Disposition l Need to ensure that victims understand the sentence and its consequences to the best of your ability. l Communicate with victims after sentencing. Imperative if things change
Informed victims are better able to assess offender lethality and plan for their own and their children’s safety
Myth: DV is caused by stress, alcohol, or an uncontrollable temper FACT: Violence is a choice and is not caused by anything. Stress, alcohol, and high anger levels may be present during a violent act, but most violence is controlled and target specific. Anger and violence are used by batterers to control a partner when other forms of control are not working.
Substance Abuse/Partner Abuse Similarities and Differences
Similarities l l l l Escalation Denial, Minimization, and Blaming Choosing approving peers Lying and manipulating Lack of predictability Defining roles for family members High rates of returning to abuse after periods of apparent change
Differences l Partner abusers don’t “hit bottom” Substance abuse is self-destructive Partner abuse is destructive to others l Short-term vs. long-term rewards l Societal approval for partner abuse is greater
DRUNK ! ? To French Kiss Your Grandmother?
Know the Facts l l l Partner abuse does not stop when an addict recovers Alcohol has no biological connection to abuse or violence Primary role addiction plays in partner abuse is as an excuse Recovery from addiction is a necessary prerequisite for stopping partner abuse. A painful, self examining process requiring long term commitment
Tequila
Good Batterer VS Bad Victim l Batterers may be well educated, articulate and charismatic. l Victims may be angry at a system who has failed them, or may need to express anger for their safety. l No one has to earn the right not to be abused.
Post Disposition l Prosecute probation violations. l Offenders should receive swift, clear, meaningful predictable, and certain consequences for violating probation. l Police, prosecutors, probation, BIP, and victim service agencies should be closely linked in order to enhance victim safety and offender accountability.
Post disposition l Oppose early release from jail or discharge from probation. l Insure victims are notified when defendants are getting out of jail. l File new charges for new criminal activity. Including crimes he committed from the jail.
TRIAL COURT PERFORMANCE STANDARD 3. 5 THE TRIAL COURT TAKES APPROPRIATE RESPONSIBILITY FOR THE ENFORCEMENT OF ITS ORDERS. National Center for State Courts through the Bureau of Justice Assistance, Office of Justice Programs, U. S. Department of Justice, 1997
TRIAL COURT PERFORMANCE STANDARD 4. 5 THE TRIAL COURT ANTICIPATES NEW CONDITIONS AND EMERGENT EVENTS AND ADJUSTS ITS OPERATIONS AS ECESSARY. National Center for State Courts through the Bureau of Justice Assistance, Office of Justice Program, U. S. Department of Justice, 1997
THE JUDGE & PROBATION OFFICER A Tag Team for Safety The Judicial Review is only as good as the information provided.
Real Time Web Based Reporting
BIP Weekly Reports Week Session # Status RDS # RDS +/- AA Sub Tx Demerit/Reason $ Paid Balance 1/5/12 1 neg AA Y N/A 25 0 1/12/12 AA Y 1 late 25 0 1/19/12 C 1 0 1/26/12 3 THC No No 2, AA Sub TX 25 0 The goal is to have multiple people watching the batterer. Being able to identify non-compliance immediately. Informing the correct people for safety and accountability purposes. (What's your BIP’s duty to warn policies? )
Probation Innovations Maximize Victim Safety Probation group meetings l Increase time for victim contact l BIP specific l Support successful completion of probation l Address legitimate concerns of defendants l Defendants learn from the experience of others Strength, Hope & Consequences
Myth: The victim pushed his buttons. l We do not have buttons… other than a belly button. l Emotions are caused by our beliefs. l Addressing core beliefs requires long term intervention.
The ABC’s of Human Emotions l A. ) Activating event l B. ) Beliefs about event l C. ) Consequences, both emotionally then behaviorally.
Beliefs/Musterbation 1. Must 2. Should 3. Awful 4. I can’t stand it 5. Damnation
Creative Sanctions Offender Accountability l Some sanction for (even) minor violations l Jail available despite overcrowding l Jail work program vs. community service. l Jail work release or weekends in jail. Batterer Intervention Program in jail l Batterer Intervention at the Homeless Shelter l
Creative Sanctions Offender Accountability l Immediate enrollment in BIP l Long-term BIP (60 weeks) l Increased BIP attendance (2 -3 times per week) l Restitution (not only money) l Attend court weekly l Graduated sanctions
Consider Designated domestic violence officer? l Phases for probationers ? l How is probation linked to BIP and victim services? l Home/field visits? l Drug Dog? l Judicial review hearings? l Accountability starts at the beginning ( make it a consistent community message). l
Enhancing Safety through personal accountability. l Cross-training on community resources l Collaborate with your community’s domestic violence and sexual violence programs Evaluate your own stereotypes and biases l l Establish policies regarding confidential information Require that local batterer intervention services minimally meet standards Utilize batterer intervention services as part of the monitoring process
What is the state of your Coordinated Community Response The “Community” should refer to the entire community Not Only the Criminal Justice system
In Review; l Offenders will violate with impunity if they believe nothing will happen. l Domestic violence is not an isolated event and tends to continue after disposition. l Victim understanding of the outcome of a case is essential to victim safety. l It takes a community to hold a batterer accountable and enhance victim safety.
http: //www. vera. org/review_hearings/default. asp
http: //www. ncsconline. org/D_Research/Documents/Prob. Solv. Just. Tool-v 16. pdf
Today's Inspirational Quote: l "It's not enough to be busy. . . the question is: what are we busy about? " -- Henry David Thoreau
Community Corrections Response to DV: Guidelines for Practice ü Professionalism & Ethical Practice ü Case Investigation Community Supervision & Enforcement Victim Safety & Autonomy Batterer Intervention Programs ü ü ü http: //www. appa-net. org/dv/index. htm
APPA Training Resources on Supervising Domestic Violence Cases http: //www. appa-net. org/dv/index. htm
National Resources Battered Women’s Justice Project (800) 903 0111 red-wind. net http: //www. bwjp. org/probation. aspx Praxis International www. duluthmodel. org Institute on Domestic Violence in the African American Community www. dvinstitute. org Center For Court Innovation www. courtinnovation. org Domestic Abuse Intervention Project www. theduluthmodel. org National Council of Juvenile and Family Court Judges www. ncjfcj. org American Probation and Parole Association (APPA) www. appanet. org Office on Violence Against Women co. st-louis. mn. us
l l l James E. Henderson Jr. MSW, CAC-R Battered Women's Justice Project 1801 Nicollet Ave South, Suite 102 Minneapolis, MN 55403 p 800 -903 -0111, ext. 1 technicalassistance@bwjp. org James_henderson@yahoo. com (517) 414 -7302 Fax (517) 522 -8521
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