Types of Abuse. Law Enforcement Response to Intimate Partner Violence and Stalking. What does the police do? Why didn t the police do something?

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1 Law Enforcement Response to Intimate Partner Violence and Stalking Maria Foster Los Angeles District Attorney s Office Victim-Witness Assistance Program Types of Abuse Physical gripping, pinching, pulling hair, slapping, biting, punching, weapons Verbal yelling, cursing, humiliating, threats (volume) Emotional criticizing, ignoring, jealousy, name calling, threats Economic control of money, running up bills in your name, everything in his/her name Sexual forcing sex, threatening for sex, unwanted sex acts, unwanted sex partners Why didn t the police do something? What does the police do? Enforce the law Keep the peace What is law? The principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. What is a crime? Any serious violation of human laws 1

2 How de we enforce laws? Punish : Fines ($) Jail (Loss of liberty) Death (Loss of life) U.S. Constitution Bill of Rights 1 st Amendment The First Amendment guarantees freedom of speech, freedom of the press, and freedom of association and assembly. It also protects the rights of citizens to worship as they please and the right not to be forced to support someone else s religion Types of Abuse Physical gripping, pinching, pulling hair, slapping, biting, punching, weapons Verbal yelling, cursing, humiliating, threats (volume) Emotional criticizing, ignoring, jealousy, name calling, threats Economic control of money, running up bills in your name, everything in his/her name Sexual forcing sex, threatening for sex, unwanted sex acts, unwanted sex partners 2 nd Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed Exceptions: Crime Weapon seized as evidence Search Warrant Requires judges review of facts and judge s approval of search. Domestic Violence crime Police may remove guns for 72 hours More if charges filed until case is resolved 2

3 4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 5 th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,... nor...be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; Miranda Admonition Arrested for kidnapping and rape Interrogated for two hours Signed a confession stating he knew his rights and waived them Sentenced to years He did NOT know his rights, confession thrown out IF interrogating, police must admonish 6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury... Informed of the nature and cause of the accusation... To confront witnesses... Obtaining witnesses in his favor,... and have counsel for his defense. Definition of Abuse Due process Justice According to California Penal Code 13700(a), "Abuse" means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. 3

4 Definition of DV According to California Penal Code 13700(b), domestic violence means abuse committed against an adult or a fully emancipated minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship PC Stalking (a) Any person who willfully, maliciously and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family PC Spousal Abuse (a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony PC Stalking (a) Any person who willfully, maliciously and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family "harasses" means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. "course of conduct" means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." 4

5 "credible threat" means a verbal or written threat,... or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, "and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. Spectrum of Violence Other Crimes: Annoying Phone Calls, s, Text Messages DV Battery Assault with a Deadly Weapon Spousal Battery Intimidating a Witness Kidnap Murder Stalking Spousal Rape Vandalism Burglary Child Abuse or Endangering Cutting a Telephone Line Cruelty to Animals or Poisoning Electronic Stalking Electronic Stalking Cell phones Electronic Photographs GPS device Spyware Social Networks Public Information Friends, Family Work Surveillance Cell phones Electronic Photographs GPS device Spyware Social Networks Public Information Friends, Family Work Surveillance 5

6 Warning Signs Frequent loss of temper verbal abuse Abuse of alcohol and or drugs Extreme jealousy, following Physical abuse damage to property Talks about violence, violent themes It s always your fault You made me angry You made me jealous You were late You can t cook You gained weight You didn t clean the house You You You How do you get the police? 9-1-1, observation, citizen flag What happened? Is there evidence of a crime? Which crime? Misdemeanor or felony? When can they arrest? Misdemeanor not committed in their presence? Citizen s Arrest Exception = Domestic Violence Felony, must have probable cause Then what? Within 48 hours Police must present arrest report to judge for review - lawful arrest? Arrestee must go before the judge to be formally charged - Arraignment How are charges filed? Report gets submitted to the Dist. Attorney Do we have enough evidence for a jury to convict? Yes, file the case No? Reject for further or Reject outright 6

7 Then what? Only two ways to be convicted of a crime: 1. Admit guilt and there is evidence of guilt 2. Evidence is submitted to a jury who must unanimously find you guilty BEYOND A REASONABLE DOUBT! Then what? Misdemeanors County Jail Felonies State Prison If the jury cannot unanimously convict, no punishment What to do? Tell someone anyone Make a safety plan Find resources Get help Do not let anyone abuse you You are making a difference! Thank you 7