Officer-Involved Domestic Violence

Domestics

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How often does officer-involved

domestic violence happen?

http://behindthebluewall.blogspot.com/

June 2009 Training and Standards Bureau 3

Two 1980’s Surveys

• 728 east coast officers surveyed from two agencies:• 40% admitted to violence with

spouse or children within last 6 months.

• 425 officers in southwestern U.S.:• 40% admitted to violence ranging

from pushing to using a gun within the past year during “marital conflicts.”

June 2009 Training and Standards Bureau 4

Facts about DV and Officers

• Law enforcement officers come from the general population.

• 16% – 20% of general population are batterers.

• Officer-involved domestic violence is at least as common as general population - IACP

June 2009 Training and Standards Bureau 6

• Batterers are attracted to certain professions: Those occupations that have power and authority.

Facts about DV and Officers

• Clergy

• Law Enforcement

• Military

Dynamics of Officer-Involved

Domestic Violence

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Issues Facing the Victim

• Unique isolation.

• Façade must be maintained to protect the offending officer’s identity in the community.

• Shame and guilt is intensified because it shouldn’t be happening in an officer’s home.

• Associate with others who condone or accept the offending officer’s behavior.

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Calling the Police

• He IS the police.

• Fellow officers respond.

• Sympathize with the offending officer.

• Can sabotage the investigation.

• Police response sets the tone for entire system response.

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Victim Feels Powerless to Report

• If the offending officer fled, he or she will see/hear the call dispatched.

• Offending officer has access to victim’s statement and report.

• Repeated statements that no one can help or protect the victim.

• Officer always carries a gun.

• DV shelter is not an option.

• The shelter fears they cannot protect the victim or other clients.

June 2009 Training and Standards Bureau 11

Officers as Offenders

• Three significant advantages:

• Training

• Defensive Tactics

• Power within the Criminal Justice System

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Training and Defensive Tactics

• Presence, voice, and stance establish authority.

• Trained to control situations

• Know use of force.

• Knows how to strike/control someone

• Threats with firearms

• May use law enforcement resources.

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Power within the Justice System

• The testimony of an officer at trial often bears more weight.

• The officer knows the players – dispatchers, officers, advocates and can manipulate them.

• “I don’t know. I don’t recall.” Unwilling to give a statement.

• Fellow officers minimize the incident in their report to protect the accused officer.

• Officers ask the victim to recant or not to cooperate with the investigation.

Potential Causes (Not an Excuse)

• Stress of the job

• Rotating shifts

• Substance abuse

• Alcoholism

• Authoritarian spill-over

• Over-protectiveness

An Officer on the Job An Officer at Home

                                          Uses the tools and authority of the criminal justice

system to catch criminals

                                          Does not use the tools of the criminal justice system

to control family members

Can be trusted to watch a partner's back Is trusted by family members at home to be fair and supportive

Uses a variety of informational resources against suspects Does not use law enforcement resources against family members

Is familiar and skilled with law enforcement equipment Does not use equipment to intimidate family

Knows how to track down suspects Does not stalk family members, intimate partners, or former intimate partners

Is suspicious Trusts intimate partners, and works to earn their trust

Knows how to interrogate Does not interrogate spouses or intimate partners

Holds others accountable when they don't follow the rules Holds him or herself accountable for actions at home

Doesn't wait until attacked to use force Does not physically intimidate or hurt a loved one

Uses command presence to overcome opposition Does not use violence or intimidation in an argument

Uses the power of the voice to overcome opposition Does not shout down family members in arguments

Gets help when he/she needs it Gets help when he/she needs it

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How is Wisconsin going to address Officer-Involved

Domestic Violence?

June 2009 Training and Standards Bureau 17

Addressing OIDV in Wisconsin

• Recruit Training

• Recommended Model Policy

• Guidelines and Recommendations

• Training Event on Model Policy and Guidelines and Recommendations

June 2009 Training and Standards Bureau 18

Overview of Legislation

• Domestic Violence Provision of the Omnibus Consolidated Act of 1997 “The Lautenberg Amendment”:

Prohibits ANY individual convicted of qualifying misdemeanors, including

DV, from legally possessing a firearm.

• Potential consequences include criminal, civil, and occupational consequences

June 2009 Training and Standards Bureau 19

Recommended Model Policy

The purpose of this policy is to establish clear procedures, protocols and actions for

investigating and reporting of domestic violence involving law

enforcement officers and to thereby discourage and reduce acts of domestic violence by law

enforcement personnel.

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Recommended Model Policy

• Key Concepts:

• Domestic Violence will not be tolerated

• If it happens, it will be addressed

June 2009 Training and Standards Bureau 21

Recommendations and Guidelines

• Section I – Training Issues

• Section II – Background Information

• Section III – Recommended Procedures

June 2009 Training and Standards Bureau 22

Recommended Procedures (Section III)

• Prevention: Early Warning and Intervention

• Prevention: Collaboration, Education, and Training

• Incident Response Procedures

• Surrender or Seizure of Weapons

June 2009 Training and Standards Bureau 23

Recommended Procedures (Section III)

• Post-Incident Administrative and Criminal Decisions

• Victim Safety and Protection

• Collaboration with Victim Advocacy Agencies

• Implementation Procedures

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Pre-Hire Screening and Investigation

• Conduct Background Investigations

• Periodic Criminal Checks

• Honesty/Integrity Assessments

• Question Applicants

• Candidates with a History are Screened Out

* Ensure screening process coincides with state law and human resources before using this type of screening process.

June 2009 Training and Standards Bureau 25

Post-Conditional Offer of Employment

• Psychological Testing

• Used as only ONE tool to assess potential candidates.

• Goal is to use as many assessment tools to form a total picture of a candidate’s background and character.

June 2009 Training and Standards Bureau 26

Responsibilities

• Agency Responsibilities

• Supervisor Responsibilities

• Officer Responsibilities

June 2009 Training and Standards Bureau 27

Incident Response

• Agency-Wide Response

• Communications Response

• Patrol Response

• On-Scene Supervisor Response

June 2009 Training and Standards Bureau 28

Agency Follow-Up

• Debrief all officers who responded

• Seek out information on protection orders

• Conduct lethality/safety planning for victim

June 2009 Training and Standards Bureau 29

Surrender or Seizure of Weapons

• Firearms/Ammunition Prohibition

• Firearms/Ammunition Removal

• Storage

• Returning Firearms/Ammunition

June 2009 Training and Standards Bureau 30

Post-Incident Decisions

• Administrative Investigation and Decisions

• Criminal Investigation and Decisions

• Criminal Convictions

• Termination Procedures

June 2009 Training and Standards Bureau 31

Termination

“Individuals – including law enforcement officers – are prohibited from possessing or transferring (or returning) a firearm if that person has been convicted of a misdemeanor crime of domestic violence”

18 U.S.C. § 922(g)(9) and § 922(d)(9)

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Officer as Victim

• Greater potential for lethality.

• No one believes an officer can be a victim.

• If she can’t protect herself in her own home, how can she protect others on the street?

• Ostracized by colleagues, no longer trusted, broke “Code of Silence.”

• Shelter and service providers not trained or are afraid to help.

June 2009 Training and Standards Bureau 33

Same Sex Officer-Involved DV

• Officer-involved DV cases do not only exist in relationships between a man and woman.

• Same sex partners are also subject to officer-involved domestic violence.

• These cases should be treated and investigated just as any other officer-involved case is.

Implementation

Once implemented, the policy will apply to past convictions, pending or

existing domestic violence cases/crimes,

and future officer involved domestic crimes.

18 U.S.C (US Code Title 18) §922(g)(9)

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Summary

• Law Enforcement is not immune from domestic violence.

• Agencies should address this issue to:• Reduce OIDV• Preserve officers’ careers• Reduce trauma to their partners

• Ways to address this issue:• Create a policy• Training• Enforcement

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Questions?