Case Preparation and
Prosecution
Case Begins With Arrest
● Practice and preparation assists officers
● Think court from beginning
● Document the crime scene
● Document the case
● Collect data as if going to trial
Effective Intervention
Will work even if victims do not
cooperate or are reluctant to
participate; however, it requires sound
police work and investigation coupled
with a commitment to prosecution and
conviction.
Historically, the Criminal Justice
System Response
● Has relied upon the victim to “make the case”
● Failed to protect many victims
● Lacked specialized investigators/prosecutors
● Has high dismissal rates and low conviction
rates
● Little accountability for offenders
● Increases danger for victims
● And then we ask, why won’t she testify,
prosecute, cooperate, etc?
Victims will use the system
● But only if the system doesn’t put them in more
danger!
● Evidenced in Duluth in the 1980s.
● The Duluth program challenged the way both
the criminal justice system and social services
systems responded to woman battering
Reforms made in Duluth
● A mandatory arrest policy
● Mandatory reports for all domestic violence calls
● Extensive outreach by victim advocates
● Pro-active prosecution of cases
● Judicial sentences even for first time offenders,
coupled with mandatory treatment
● Extensive use of protective orders
● Community coordinated response
Impact
● Arrests rose from 22 in 1980 to 175 in 1983
● Convictions rose from 20% in 1980 to 87% in 1983
● 70% reported no physical abuse when a one year
follow-up evaluation was conducted
● 80% reported that the combined systemic
response had been helpful
● Duluth did not experience a single “domestic
homicide” in a decade (1982 to 1992)
● Other cities have had similar success with these
reforms
Conclusion
● If the system, as a whole, works to hold
batterers accountable for their behavior, battered
women will use the system and it can help
reduce harm to women.
● The model has been implemented in many
jurisdictions with good results
Victim Safety has to be Priority
● Remove the responsibility from victims for law
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enforcement
Put responsibility for enforcement on the system
Focus on actions of offender
Provide victim support
Enforce protective orders
Officers need to change their focus.
They need to ask themselves:
What evidence can I use if the victim does not
testify in this case?
How could I prove this case without the victim’s
participation?
The Initial Investigation
The first response is crucial.
Conduct an evidence based investigation.
Over time:
● Victims and witnesses may recant or disappear
● Injuries will fade
● Damaged property will be repaired or destroyed
● Victims and children may be more apt to reveal
information when they are in the immediate
situation after an assault
Spontaneous Statements to
be Included in the Report and
Used at Trial
Excited Utterances
● If the responding officer asks a victim with a cut,
“What happened?” and she replies, “My
boyfriend hit me in the face,” her statement is an
excited utterance. If the officer records this
statement in the report, then at trial – even if the
victim doesn’t testify – the officer will be able to
tell the court what was said at the scene without
it being ruled as hearsay.
Statements About Physical Conditions
● If the victim says to the officer, “My head is killing
me. My husband punched me over and over in
the head” and the officer includes this statement
in the report, it would be admissible at trial
because it describes the victim’s physical
condition at the time of the assault.
Statements about Mental Conditions
● If the victim says to the officer, “I’m so terrified of
him that I can’t breathe” and the responding
officer includes this statement in the report, it
would be admissible at trial because it describes
the victim’s mental condition at the time of the
assault.
Corroborating Evidence
Corroboration
911 tapes and printouts
Medical records
Paramedic log sheets
Prior police reports
Restraining orders
Booking records
Letters from suspect
Videotapes of interviews with victim
PICTURES!!!!
Corroborating Information in the
Possession of the Victim
● Officers should ask victims: “please give me the notes,
cards, and letters that he has given you after he has hurt
you before?”
● Victims are often willing to provide this information in the
“heat of the moment” and it can be used to help build the
case
● Batterers may have left the scene and left victims a note
“apologizing” for the assault
● Inform victims that if the batterer provides these things
after the officers have gone, to contact the officer so that
it can be added to the case file.
Photographs! Worth a 1000 words
● Victim (Immediately and follow up a
few days later to get pictures after
bruises have had time to develop)
● Offender
● Children
● Crime Scene
● Damaged Property
Document and Gather Evidence when
Possible Including:
● Ripped, torn, and bloodstained clothing
● Weapons
● Broken items
● Damage to walls and doors
● Signs of forced entry
● Damage to telephone
● Bloodstains
Officers’ Actions at the Scene
Strategies: CALM and
Checklist Approaches
C-A-L-M
●Control
●Apart/Avoid
●Look
●Moderate
Control Yourself
● Do not join in the dispute
● Do not react impulsively or
emotionally
● Watch your tone of voice and body
language
Control the Disputants
● Start with the least aggressive
technique.
● Be aware of territorial instincts.
● Be aware of cultural differences.
● Consider phrasing commands as
requests.
● Remember that manner is important.
Apart
Separate the disputants
● Separate visually as well as physically
● Keep your partner in sight
● Keep all disputants and witnesses in sight
until the situation is under the control of
the officers.
Apart
Lone officers:
● Concentrate on most aggressive
disputant.
● Instruct others to remain quiet.
● Keep others at a distance, but within
sight.
Avoid:
Kitchens, bedrooms and bathrooms
● There may be weapons in the
bedroom.
● There will be weapons in the
kitchen.
Look for Weapons
● Take control of obvious weapons.
● Unload and pocket ammunition.
● Never hand weapons back to disputants.
● Check furniture before disputant sits.
● Seize weapons if legally allowed to do so.
Moderate the Mood
Seating disputants
● makes assault more difficult
● provides warning of attack
Voicing instructions
● repeated, calm, simple, direct
● implies that you are not upset
Moderate the Mood (cont.)
● Do not rush
● Do not discount the victim as a possible problem
● Never underestimate the possibility for
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aggressiveness or danger by individuals at the
scene.
Attempt to explain the situation to the victim and
suspect.
Brief them on your legal authority.
Indicate that you are only acting as an agent of the
law.
Communicate to both parties that domestic
violence is a crime.
Checklist Approach
Upon Arrival at the Scene
● Assess victim and officer safety
● Check physical condition of all parties; summon
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medical assistance if needed
Establish who was and is at the scene
Separate parties, including any children
Determine what, if any, criminal offense has
occurred
Determine if any weapon was involved
Explain the investigation processes and
procedures
Preliminary Investigation
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Interview victim and suspect separately
If children at scene, interview them separately
Interview any other witnesses
Distinguish primary aggressor from victim if both parties are injured
Note any excited utterances by any parties present
Note emotional and physical condition of parties involved
Note demeanor of suspect and record any spontaneous statements
Note signs of injuries
Note any evidence of substance/chemical abuse
Note the condition of crime scene
Seize any weapons when legally permitted to do so
Request appropriate checks on the suspect
Photograph crime scene
Interviewing Victims
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Let the victim know you are concerned
Listen before asking clarifying questions
Be non-judgmental; acknowledge the victim’s feelings
Re-assure the victim that they are not to blame, the
abuse is unacceptable, and that there is help available
Ask if there is history of abuse and to describe it
Determine if there is a protective order or other court
orders
Ask about threats
Ask about corroborating evidence
Photograph any injuries and diagram on report
Examples of good questions:
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Who have you told and who knows about it?
How can we reach you in 6 months?
Who will always know where you are?
Has he written you any notes or letters?
Has he written notes or letters to your friends
or family members?
● If the suspect is not at scene, ask for a photo
of him.
● Ask what he was wearing at the time of the
incident?
Evaluate the Nature of Injuries
● A punch to the face will cause an injury to the entire area
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being struck
Walking into the wall –injury will be at the bony places of
the face (e.g. nose)
When we fall, the bony places on our body will get hit
(scraped knee, elbow)
Accidental injuries are likely to be on the front or back of
the head, but not on the top of the head
Look for defensive injuries (to the back of the arms for
example)
Look for evidence of strangulation
Strangulation
● Injuries from strangulation often
“undetectable”.
● Strangulation is not choking.
● Brain death occurs in 4 to 5 minutes.
● Officers should suggest medical treatment
for victims.
● Treat as aggravated assault
Symptoms and Signs of Strangulation
Outward trauma may not be visible.
● Neck pain, sore throat
● Scratch marks, tiny red spots, red linear marks, bruising
● Hoarseness, loss of voice
● Difficulty swallowing
● Light headed or head rush
● Fainting or unconsciousness
● Nausea or vomiting
● Loss of bodily function
● Red eyes
● Rope or cord burns
● Neck swelling
● Miscarriage
Interviewing the Suspect
● Ask the suspect to be seated and try to calm
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them down
Do not make accusatory statements
Acknowledge the suspect’s feelings
Document spontaneous admissions
Do not collude with the suspect
Do not reveal that the suspect called the police
Examples of good questions:
● Please tell me what happened here?
● Has this happened before?
● Who else was around when things broke loose?
● Are they under any supervision or court orders?
Document Suspect’s Behavior
● Note demeanor and physical appearance
● Note and photograph injuries or lack of injuries
● Unsolicited statements
● Admission by silence
● Looks of intimidation or threats to victim
● Use of drugs or alcohol
● DV history (same parties, same residence)
Interviews with Children
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Interview away from victim and suspect
Crouch or sit at child’s level
Put the child at ease. Reassure them.
Explain why you’re there,
Be sure not to indicate a response or ask
leading questions
● Be aware that child may be distrustful of
adults or been warned not to talk to
outsiders
● Call DCS if child has been abused
Arrest
● Establish probable cause
● If present -- make an arrest
● If a law enforcement officer decides
not to make an arrest or decides to
arrest two or more parties – file report
with supervisor
Assist Victim
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Discuss support and local services.
Advise victim of legal rights available and give them a copy of the
victim’s rights statement.
Offer to transport the victim to a place of safety or arrange for
transportation.
Advise the victim of his/her right to go and sign a criminal complaint
with local authorities if no arrest was made and offer to transport the
victim to that location.
If suspect was arrested, notify the victim that the person arrested
may be eligible to post bond for the offense and be released until
the date of trial for the offense.
Consider that victims and witnesses due to their age, sexuality,
disability, immigration status, minority and/or ethnicity may have
special needs or may have increased vulnerability.
Writing the Report
Basic Checklist:
● Who
● What
● When
● Where
● How
Ways To Improve Report Writing
● Be brief/concise but include important
elements as previously discussed
● Eliminate vagueness
● Make it understandable
● Re-read as you write
● Keep objective in focus
● Use chronological order
Preparing for Court
Things Needed to Prepare for Trial
● Victim/Witness Checklist
● Officer’s Reports
● Evidence Checklist
● Other Information
● Establish Pre-Trial Communication
with Prosecutors and Witnesses
Effectiveness on Day of Trial: Tips
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Show up early
Be prepared
Look professional
Tell the truth
Listen to questions.
Use eye contact.
Answer only the questions asked.
Be prepared to explain police procedures.
Maintain your control.