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No Drop Prosecution Case Study

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To determine the effectiveness of no drop prosecution policies in stopping domestic violence, it is crucial to understand how no drop policies work, the role of the victim in the proceedings of a no drop prosecution trial, the role of the accused in a no drop prosecution trial and the overall comparison of no drop prosecution trials compared to other police policies and legislation in reference to domestic violence. In order to understand whether or not no-drop policies are effective, it is necessary to examine the basic information regarding these types of policies, determine what is involved in the process of no-drop cases and the effects that these cases have on both the legal system and the participants in the case. Generally defined, …show more content…

There are a couple of main routes or options that exist when handling domestic violence cases under this policy. An initial complaint or registration with the law must be made in order to confirm that a domestic violence incident has occurred in the first place, like any other crime. This being said, there must be some report of violence to a degree that threatens the safety and well being of the victim in order for a formal charge to be brought in front of the courts. Once an aggressor enters the legal system and prosecutors become involved, a no-drop policy ensures that a verdict will be reached regarding that aggressor’s behavior. The victim is not required to testify, except in some cases, or provide any further information in order for prosecution to continue. In situations where the victim does not want to participate, prosecutors may simply use factual evidence and witness testimony in order to get a conviction (Corsilles, 1994). However, in other cases where there is not enough evidence, victims may have to be subpoenaed in order to provide the courts with enough information for the prosecution to continue with the charges. The final treatment of cases under this policy regards the option of dropping a case. Although not common, there are some cases in which the victim and the aggressor choose to come to terms and the victim wants the charges to be dropped. In these cases, there is a …show more content…

Attrition is defined as a “wearing down or weakening of resistance, especially as a result of continuous pressure or harassment” (Merriam-Webster). Attrition exists within the context of domestic violence, both with the violent situations that victims endure as well as within the realm of the law. In relation to no-drop prosecution policies, it is important to note attrition both when dealing with “legal noncooperation” and when dealing with subpoenaed victims (Rebovich, 1996). Attrition exists in the context of legal noncooperation, as it may attribute to the reasons that the victim refused to testify or provide information to the prosecution. In cases where women have been continuously abused, but have stayed in the relationship, attrition may play a role in the fear behind testifying against one’s partner. This is to say that victims may often feel threatened by the idea of testifying against their aggressor because they fear that they will be harmed again or face further consequences should the prosecution be unable to secure a conviction (Fisher & Rose, 1995). Often when charges are pressed, the protection of the victim is not considered in correlation with the charges and the victim is released and sent back to the environment in which the crime against them was

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According to the Ontario Policing Standard Manual, the mandatory charge policy procedures should provide that in all domestic violence occurrences an officer is to lay a charge where there are reasonable grounds to do so (Johnson, 1996). The policy emphasizes that a decision to lay charges should not be influenced by the factors such as marital status/cohabitation of the parties, previous records, unwillingness to cooperate, and the concern about reprisal against the victim by the suspect (MacLeod, 1995). Some of the assumptions of the mandatory charge provide that the arrest of abusers in all cases, irrespective of victim preferences and knowledge is considered to be essential for safety, and charging is seen as essential to enforcing

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This can lead to a desire for vengeance rather than justice. (Rosenbaum, Page 266) A real life example was when the father of an abused child, chose to shoot and kill the perpetrator as he was being returned for justice. (Rosenbaum, Page 267) Victims may be unhappy with the punishment prescribed by law and reducing that punishment to a lesser charge can be infuriating. Victims may have no knowledge of the law, the strength of the case, and may allow rage and vindictiveness/revenge override common

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Victim witness programs are used by the government in order to provide support and assistance to those who fall victim to a crime. According to Victim Witness Program, the primary goals of such programs, include but are not limited to, encouraging victims to participate in any parole and supervised release processes of their offender, notify and facilitate victims in participation of any hearing or release dates in regards to their offender, provide options for supportive services, and advocate for crime victims (2015, para.1). The organization under which the victim-witness program is located is under a system, which has many internal constituencies, thus creating competing and conflicting purposes. The goals of the victim-witness program are quite simple and seek out to give the victim the right to be represented during the processing of the offender, however, given the multiple roles the court, for example, must serve, the goals of the victim-witness program can be both complex and conflicting.

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Innocent defendants who are risk averse cannot be willing to risk going to trial and receiving harsh sentences and instead choose to plead guilty to ensure the receive lenient sentences. It undermines the integrity of the justice system as it allows the government to evade the rigorous standards required by the due process. It allows the prosecutor to take the role of a judge and jury in determining the guilt of the defendant. It also allows the defendant to escape the full punishment for their misconduct by giving them lenient sentences. Lenient sentences offered to those who plea bargain in contrast to harsher sentences for those who are convicted after a full trial lead to disparities in individuals convicted of similar offences.

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Furthermore domestic violence programs can lay out a strong foundation of zero tolerance by better informing young children. This is something that can be instrumental to the minimization of domestic violence. To demonstrate the importance, one must understand that if domestic violence is not accurately identified, there will be consequences. Research shows that program/ caseworker efforts to improve family involvement can make the abuse worse toward the child or non offending parent. Outside program involvement needs to be confidential with the child and conducted in a way that will make the child feel secure.

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