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Domestic Violence and The Law Enforcement Response : Arrest Decisions. Getting it Right

Domestic Violence and The Law Enforcement Response : Arrest Decisions. Getting it Right. Marcus Bruning St. Louis County Sheriff ’ s Office, Retired. The Changing Role of Law Enforcement. Who are the players? Victim 911 LAW ENFORCEMENT Advocacy Emergency Medical Services Jail.

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Domestic Violence and The Law Enforcement Response : Arrest Decisions. Getting it Right

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  1. Domestic Violence and The Law Enforcement Response:Arrest Decisions. Getting it Right Marcus Bruning St. Louis County Sheriff’s Office, Retired

  2. The Changing Role of Law Enforcement • Who are the players? • Victim • 911 • LAW ENFORCEMENT • Advocacy • Emergency Medical Services • Jail

  3. Who are the Players? • Prosecutor (Conditions of Bail) • Release Agent / Probation • Social Services (Child or Vulnerable?) • Now Who? • Civil proceedings? • How about the trial and beyond?

  4. Who are the Players? • Prosecutor • Defense? • Judge / Jury • Probation (sentencing) • Treatment Programs

  5. My Responsibility • Paradigm shift • What do I need? • What do others need from me? • I am not only responsible for my own role • I now take responsibility for the case • Not today’s incident but the “incident” in the eyes of the victim

  6. Responding to the Call

  7. Scale Of Justice • Conviction Oriented Police Officer • Elements • Common Defenses

  8. Scale of Relationships

  9. Scale of Relationships Male Female Overwhelms her ability to have an equal reaction! Action Equal Reaction Action Imaginary Line of Physical Force His Future Actions Don’t Ever Have to Cross the Line Again! Action Equal Reaction Action Equal Reaction

  10. POWER AND CONTROL Physical VIOLENCE Sexual COERCION & THREATS INTIMIDATION MALE PRIVILEGE EMOTIONAL ABUSE ECONOMIC ABUSE ISOLATION Physical VIOLENCE Sexual USING CHILDREN MINIMIZING, DENYING & BLAMING

  11. Officer’s Use Of Force • Graham v. O’Connor • Reasonable (For that Officer) • Present Sense Impression • In the heat of the moment • Without the benefit of 20/20 hindsight

  12. Did the officer: • Use the force to protect themselves or another from imminent bodily harm? • Was the force used reasonable? • FOR THEM?

  13. Self Defense Test • Did the subject use force to protect themselves or another from imminent bodily harm? • If so, was the force they used reasonable? • FOR THEM?

  14. Predominant Aggressor • Custodial Issue Only • Only utilized when both players fail the Self Defense Test

  15. Risk Questions • Do you think he/she will seriously injure or kill you, your children, or someone else close to you? What makes you think so? What makes you think not? Does he/she have access to guns? • How frequently does he/she assault you? Describe the time you were the most frightened or injured by him/her. • Does he/she initiate unwanted contact either electronically or in person? Describe the unwanted contact. How often? • How frequently does he/she intimidate or threaten you? Has he/she intimidated or threatened you regarding talking to police or seeking help from the court? • Has he/she ever forced you to do things sexually you didn’t want to?

  16. What if? • We don’t get it? • We underestimate the seriousness? • Short-Shrift the report? • We take the easy way out? • We drop the ball?

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