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NCJRS Abstract

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NCJ Number: 50838 Find in a Library
Title: POLICE INTERVENTION IN DOMESTIC CONFRONTATIONS
Journal: JOURNAL OF POLICE SCIENCE AND ADMINISTRATION  Volume:6  Issue:3  Dated:(SEPTEMBER 1978)  Pages:293-302
Author(s): W J BRESLIN
Corporate Author: International Assoc of Chiefs of Police
United States of America
Date Published: 1978
Page Count: 10
Sponsoring Agency: International Assoc of Chiefs of Police
Alexandria, VA 22314
Format: Article
Language: English
Country: United States of America
Annotation: THIS OVERVIEW COVERS THE LEGAL PROBLEMS PECULIAR TO THE HANDLING OF DOMESTIC CONFRONTATIONS, COURT DECISIONS APPLICABLE TO THESE ISSUES, THE NEED FOR WRITTEN POLICE POLICIES, AND THE CHICAGO, ILL., POLICE GUIDELINES.
Abstract: FOLLOWING A DISCUSSION OF THE DIFFICULTIES OF GATHERING DATA ON THE EXTENT OF DOMESTIC VIOLENCE, A SUMMARY OF POSSIBLE POLICE INTERVENTION POLICIES IS GIVEN. TO DATE MOST POLICE DEPARTMENTS HAVE HAD A POLICY OF NONARREST IN DOMESTIC CONFRONTATIONS, BUT NEW PRESSURES FROM WOMEN'S GROUPS AND OTHERS HAVE MADE IT NECESSARY TO REEXAMINE SUCH POLICIES. THE HANDLING OF DOMESTIC DISPUTES IS MADE MORE DIFFICULT BY THE DOCTRINE OF MARITAL UNITY UNDER COMMON LAW, A VIEW STILL UPHELD BY MANY COURTS. IT IS NOTED THAT FAMILY COURT IS DESIGNED TO PROMOTE FAMILY UNITY, NOT TO PROSECUTE AN OFFENDER. A FEW TYPICAL JUDICIAL DECISIONS ARE SUMMARIZED. IN GENERAL, COURTS ARE TENDING TO HOLD THAT THIS COMMON LAW UNITY IS NOT BINDING WHEN PHYSICAL VIOLENCE IS INFLICTED, BUT POLICE HAVE NO AUTHORITY WHEN ONLY PROPERTY BELONGING TO ONE OR THE OTHER IS BEING DAMAGED. IT IS CONCLUDED THAT POLICE OFFICERS MUST BE WELL-VERSED IN LOCAL LAW TO AVOID FALSE ARREST SUITS. THE GUIDELINES PREPARED FOR THE CHICAGO POLICE DEPARTMENT ARE GIVEN. THEY COVER THE OFFICER'S LEGAL RIGHT TO ENTER PRIVATE PREMISES, PROCEDURES TO BE FOLLOWED, GUIDELINES FOR DETERMINING WHEN AN ARREST SHOULD BE MADE, AND SUGGESTED NONARREST PROCEDURES. FOOTNOTES CONTAIN CASE CITATIONS AND REFERENCES. (GLR)
Index Term(s): Crisis intervention; Drunk offenders; Family crisis; Illinois; Judicial decisions; Marital problems; Procedure manuals; Violence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50838

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