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Domestic Violence and Stalking: Promising Practices -- Prosecution Response

NCJ Number
189096
Date Published
2002
Length
23 pages
Annotation
This "Checklist" is designed to help prosecution offices and individual staff members assess their response to domestic violence and stalking cases.
Abstract
In discussing the importance of prosecution response to domestic violence and stalking, the Checklist advises that prosecutors are in a unique position to influence other sectors of the criminal justice system about the gravity of these crimes, both in general and with reference to specific victims. Prosecutorial strategy, n charging and sentencing issues, can influence the court's response. Through monitoring and observation, prosecutors can identify gaps in the system and make informed recommendations for policy change to colleagues in other sectors of the criminal justice system. This Checklist is divided into sections that correspond to the roles and responsibilities of prosecution staff involved in the office's overall response to domestic violence and stalking cases. The prosecutor's response is divided into the following general tasks: screen cases; conduct an interview with the victim; request pretrial release options; file or charge offenses; resolve charging issues related to protection orders; resolve charging issues related to "no-drop" policies; conduct a thorough investigation; conduct pretrial procedures and discovery; if appropriate, negotiate a plea; use trial strategies; victim-related issues and testimony; develop sentencing strategies; develop post-sentencing strategies; and address victim interests and safety issues throughout the process. The victim/witness specialist response encompasses the implementation of victims' rights laws and assistance to victims, as well as work with the prosecutor assigned to each case to assist the victim. The supervisor's response involves overseeing the prosecution's compliance with agency and interagency policies and procedures related to violence against women. The management response involves developing personnel policies to enhance prosecutor response; setting the tone through the development of protocols and practices, training, and other mechanisms; providing appropriate training; and providing leadership in the justice system and community initiatives to stop violence against women. 12 notes