Prosecutors Lead the Way in Charting Solutions to ‘Broken’ Domestic Violence System

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Prosecutors Lead the Way in Charting Solutions to ‘Broken’ Domestic Violence System

WASHINGTON / January 10, 2022 – Responding to growing concerns, 102 organizations are now calling for major changes to domestic violence programs and policies (1). For example, 46 state domestic violence and sexual assault coalitions signed a “Moment of Truth” document that expressed deep reservations with the current over-emphasis on “increased policing, prosecution, and imprisonment as the primary solution” to domestic violence (2).

In particular, African-Americans increasingly view the domestic violence system as unresponsive, biased, and “broken.” (3) When abuse victim Carl Starling called the police for help, for example, he found himself arrested, not assisted. A jury later cleared Starling on all charges (4).

The National District Attorneys Association report on National Domestic Violence Prosecution: Best Practices Guide provides a useful roadmap for groups working to improve domestic violence policies (5). The Guide makes three key points:

Similar Levels of Victimization for Men and Women: “Nationally, about 31.5% of women and 27.5% of men have experienced physical violence” and “47.1% of women and 46.5% of men have experienced psychological aggression.” (Page 4)
Victim Reluctance to Prosecute: “While victims of other crimes may want justice, vindication, and restitution, many victims of domestic violence do not; instead, they want the abuse to stop or their abuser to be taken for the night but not necessarily arrested and prosecuted…Recantation encompasses a vast majority of the domestic violence prosecutor’s caseload, occurring in about 80% of domestic violence criminal cases.” (Page 7)
No-Drop Prosecution: “In some communities, prosecutors have attempted to implement a no drop policy, advocating for the filing of all cases and refusing to dismiss any cases once charges are filed. The NDAA does not support this approach. Neither the American Bar Association standards nor the filing standards for the NDAA support the prosecution of cases when the evidence does not support a reasonable likelihood of conviction.” (Pages 13-14)

Similarly, the Association of Prosecuting Attorneys has published a Domestic Violence Committee Position Statement that emphasizes the need for criminal justice reform and highlights existing prosecutorial diversion programs (6). The 2021 APA Position Statement on Pretrial Release in Domestic Violence Cases (7) specifically spotlights the Milwaukee Treatment Alternatives and Diversion Program.

The Coalition to End Domestic Violence Special Report, “Diversion Programs for Domestic Violence: From Retribution to Rehabilitation,” summarizes the research, provides summaries of 18 domestic violence diversion programs located across the nation, and offers recommendations (8).

In December, District Attorneys nationwide were invited to provide comments on a series of proposed Legislative Proposals to Reform Domestic Violence Policies, developed by the Coalition to End Domestic Violence. The updated version of this 24-page document is now available online (9).

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