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<strong>Internet</strong> <strong>Journal</strong> <strong>of</strong> <strong>Criminology</strong> © 2011<br />
ISSN 2045-6743 (Online)<br />
A CRITICAL EXAMINATION OF THE<br />
PAST AND PRESENT POLICE RESPONSE<br />
TO DOMESTIC VIOLENCE<br />
By Andrew Scott 1<br />
Abstract<br />
The aim <strong>of</strong> the following dissertation is to critically examine, the past and present police<br />
response to domestic violence. Through the use <strong>of</strong> secondary data collection, the outcome <strong>of</strong><br />
the investigation, proposed that up until the late 1980s, the Criminal Justice System <strong>of</strong>fered<br />
little consideration to victims <strong>of</strong> ‘domestic violence’. Thus, numerous primary studies<br />
conducted by plentiful Scholars, documented there to be an ‘unconcerned’ and ‘derogatory’<br />
technique, in which Police Constables tended to deal with ‘domestic disagreements’.<br />
Furthermore, domestic violence was shown to have not been previously comprehended a<br />
‘real’ crime, but, rather a private matter, which was undeserving <strong>of</strong> police time and<br />
resources. Therefore, this dissertation established from 1986, onwards, the essentiality for<br />
changes in police policy and practise, to domestic violence, was eventually embraced by the<br />
Home Office, and various enhancements were made. However, contemporary research is<br />
demonstrating there to be significant issues <strong>of</strong> this, whereby, inappropriate arrests are<br />
becoming customary.<br />
1 Dissertation submitted as part-fulfilment <strong>of</strong> a BSc in Applied <strong>Criminology</strong> (Criminal & Community Justice),<br />
at Huddersfield University<br />
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Acknowledgements<br />
<strong>Internet</strong> <strong>Journal</strong> <strong>of</strong> <strong>Criminology</strong> © 2011<br />
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There are a number <strong>of</strong> individuals whom I would like to thank, for their help and support both<br />
directly and indirectly, during the completion <strong>of</strong> this dissertation.<br />
Firstly, I would like to thank my project supervisor Rachel Armitage, without your<br />
encouragement and great listening skills this dissertation would have not been possible.<br />
Secondly, I would like to thank my close friends and family, whom have been very<br />
understanding <strong>of</strong> the stresses and strains <strong>of</strong> academia, and therefore, provided great advice<br />
when in most need.<br />
Finally, I would like to thank all <strong>of</strong> the Applied <strong>Criminology</strong> staff, whom have supported,<br />
advised and helped me, throughout the three years at Huddersfield University, and thus will<br />
never be forgotten.<br />
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Contents<br />
<strong>Internet</strong> <strong>Journal</strong> <strong>of</strong> <strong>Criminology</strong> © 2011<br />
ISSN 2045-6743 (Online)<br />
Abstract 1<br />
Acknowledgements 2<br />
Chapter 1: Introduction 4<br />
Chapter 2: Methodology 6<br />
Chapter 3: Literature Review 11<br />
Chapter 4: Discussion 21<br />
Chapter 5: Conclusion 22<br />
References 23<br />
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Chapter 1: Introduction<br />
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ISSN 2045-6743 (Online)<br />
Domestic violence is by no means a new phenomenon, as historically, Hui-Kyong Chun and<br />
Keenan (2006) suggest it is as old as recorded history itself. With origins, dating back to<br />
ancient Greece, and the dawn <strong>of</strong> European civilisation, henceforth, domestic violence has<br />
been documented in virtually all societies, in most countries, and has been legally, socially<br />
and culturally acceptable (Berry, 2000).<br />
With this in mind, domestic violence is an essential area <strong>of</strong> study, as statistically, it accounts<br />
for roughly 15% <strong>of</strong> all violent crime, and will involve one-in-four women, and encompass<br />
one-in-six men (Kershaw et al, 2000). Tragically, two women are murdered every week, as a<br />
result <strong>of</strong> domestic violence, accounting for an astounding 35% <strong>of</strong> all murders (Maguire et al,<br />
2007). Domestic violence also has the uppermost rates <strong>of</strong> repeat victimisation (Farrall, 2002).<br />
A widely quoted study conducted by, Stout et al (2008) highlighted that women will on<br />
average, have been assaulted 37 times prior, to the first police appearance. For women aged<br />
19-44, domestic violence remains the leading cause <strong>of</strong> morbidity, greater than cancer and<br />
motor vehicle accidents (Home Office, 2005). Roughly, 89% <strong>of</strong> the victims who suffer<br />
sustained domestic violence are women; however, it also affects the male, lesbian, gay, bisexual<br />
and transgender community (Newburn, 2007). Every minute in the United Kingdom,<br />
the police receive a call from the public for support for domestic violence, which indicates<br />
the police obtaining an estimated 1,300 calls each day, or over 57,000 each year (Stanko,<br />
2000). However, according to Dodd et al (2004), only 40.2% <strong>of</strong> actual domestic violent crime<br />
is recorded to the police.<br />
The primary purpose, <strong>of</strong> the dissertation is not concerned with, the causes <strong>of</strong> domestic<br />
violence, as many Scholars such as Bavnish (2004), and Miller (2001), have covered this<br />
aspect, <strong>of</strong> the subject in pronounced complexity. What it is therefore focused with, is the<br />
police intervention in incidents <strong>of</strong> domestic violence, and the circumstances neighbouring<br />
police policies, which administer and control that intervention, and the actions stemming<br />
from it. In essence, it will effectively investigate and critically examine the past and present<br />
police response to domestic violence.<br />
Generally, the police are positively perceived to be, “a key 24 hour agency”, and “perhaps the<br />
first port <strong>of</strong> call in an emergency”, domestic violent situation (Harwin et al, 2000, p.1991).<br />
This is because they <strong>of</strong>fer very effective „short‟, „medium‟ and „long-term‟ interventions<br />
(Evans, 2009). The former, involves the police being „pro-active‟ in arresting, and captivating<br />
any possible <strong>of</strong>fenders (Soileau, 2008). The second, compromises the police being<br />
tremendously „sympathetic‟ in, assessing the victims living arrangements, and asking them<br />
numerous domestic violence related questions (Walklate, 2007). The latter, consists <strong>of</strong> the<br />
police being exceptionally „resourceful‟ in, helping, supporting and investigating an<br />
allegation <strong>of</strong> wrong-doing (Russell-Brown, 2006). Decker and Junger-Tas (2008)<br />
appropriately highlight that this in essence, validates the police as being enormously,<br />
„pr<strong>of</strong>essional‟ and „sensitive‟ when dealing with domestic violence.<br />
Yet, despite this positivity, a substantial amount <strong>of</strong> criticism mainly from Feminist writers,<br />
have been directed towards their response to victims <strong>of</strong> domestic violence, in particular<br />
analysing that, victims <strong>of</strong> domestic violence are passive recipients <strong>of</strong> police choices, rather<br />
than, actors, engaged in the interactive process <strong>of</strong> decision making (Hoyle, 1998). Other<br />
condemnations, involve the perspective that, incidents are regularly considered and treated to<br />
be „civil‟, rather than „criminal‟ matters, and that inadequate police recording practice,<br />
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obscures a true picture <strong>of</strong> the extent <strong>of</strong> domestic violence (Morley and Mullender, 1994).<br />
Consequently, these criticisms have resulted in the victims <strong>of</strong> domestic violence, seeking<br />
police assistance as a last resort, and <strong>of</strong>ten only after repeated attacks (Smith, 1989). In the<br />
last decade in particular, there have been significant improvements to conflicting policy and<br />
practice, but much domestic violence still goes unreported (Shipway, 2004). Thus, as a result,<br />
the above extensive debates therefore frame the context, in which the intended area <strong>of</strong> study<br />
has developed.<br />
This dissertation will firstly commence with the methodology. It is here; that the projects<br />
influence will be outlined, numerous research methods will be explored and critically<br />
analysed, various terminology will be defined, and finally, potential ethical issues and<br />
debates will be deliberated. The literature review will then commence; firstly it will explore<br />
the inconsistencies in the definition <strong>of</strong> domestic violence, and the scepticisms, that have<br />
developed as a result. Then, the historical viewpoints, social acceptability, and preliminary<br />
legislation, will then be contemplated, before moving on to consider the bearing <strong>of</strong> Second-<br />
Wave Feminism, in the 1970‟s. This will thus be shadowed by the main-body and central<br />
theme, <strong>of</strong> this dissertation which is to, critically examine the past and present police response<br />
to domestic violence. This will be accomplished, by looking at fluctuations in legislation and<br />
police policy, with anticipation, to what influence these changes have had, on shaping<br />
domestic violence policy, and contemporary police practice. The review will then be<br />
followed, with a consultation, where the foremost findings <strong>of</strong> the study will be correlated, in<br />
order to ascertain, whether the review has been efficacious in its objective. A concluding<br />
section will then finalise the critical literature review, with a re-statement <strong>of</strong> the main<br />
findings.<br />
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Chapter 2: Methodology<br />
Project influence<br />
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The rationale underpinning selecting this particular field <strong>of</strong> study, originated from a great<br />
interest, that developed from an inspirational Domestic Violence and Victims <strong>of</strong> Crime<br />
Lecture, conducted on 23/03/2010, by the guest lecturer Glenda Smith, in the year two<br />
module, „Victims, Witnesses and Survivors‟. This lecture involved Glenda, explaining<br />
powerfully through a narrative viewpoint, her first-hand account <strong>of</strong> being a victim <strong>of</strong><br />
domestic violence. More specifically, the attentiveness to the „police response‟ to domestic<br />
violence was alternatively inspired, by the work <strong>of</strong> appropriate scholars, like McGee (2000).<br />
Subsequently, I therefore emotively believe, it is essential that, the police should respond<br />
appropriately and sensitively, to incidences <strong>of</strong> domestic violence. It is this indebtedness that<br />
has provoked an eagerness, to explore and investigate the subject further.<br />
Research methods<br />
This section, <strong>of</strong> the project, is imperative in addressing the fundamental material used to<br />
accumulate and collate the information, relevant to the critical literature review. Hart (1998,<br />
p.28) defines the methodological section as being; “A system <strong>of</strong> methods and rules to<br />
facilitate the collection and analysis <strong>of</strong> data. It provides the starting point for choosing an<br />
approach made up <strong>of</strong> theories, ideas, concepts and definitions, for the topic”. Accordingly,<br />
this is positively perceived to dispense the foundations, for a „competent‟ and „efficacious‟<br />
research project (Bachman and Schutt, 2010). But on the contrary, Blaikie (2010) denotes it<br />
as being the most difficult part. Nonetheless, before a concise explanation <strong>of</strong> the<br />
methodology nominated, for this critical literature review is pronounced, a more<br />
comprehensive definition <strong>of</strong> „criminology research‟ needs to be contemplated.<br />
Generally, „criminology‟ which was first coined in 1885 by Raffaele Gar<strong>of</strong>alo, is defined as<br />
a, “specific genre discourse and inquiry, about crime that has developed in the modern<br />
period” (Garland, 2002, p.7). Henceforward, McShane and Williams (1998) positively<br />
remark upon the prominence <strong>of</strong> criminological „research‟, because it provides; the<br />
opportunity to research the area <strong>of</strong> unreported crime (Ashworth, 2010) it leads to an<br />
„appreciation‟ <strong>of</strong> the social world from the point <strong>of</strong> view <strong>of</strong> the <strong>of</strong>fender, victim or criminal<br />
justice pr<strong>of</strong>essional (Noaks and Wincup, 2004), and finally, it contributes to the development<br />
<strong>of</strong> effective policies <strong>of</strong> crime control (Cowell and Stenson, 1991). But on the conflicting,<br />
Hammersley (2000, p.143) situates that „all‟ criminological research can intermittently be<br />
„misleading‟, „bias‟ and exceptionally „subjective‟, because, “data is frequently interpreted<br />
and presented to favour false results”, that are in line with pre-judgements and political or<br />
practical commitments.<br />
Taking this into consideration, in order to investigate the nominated area and address the<br />
objectives <strong>of</strong> the dissertation, a „mixed‟ technique was implemented, which is the process,<br />
that integrates both quantitative and qualitative secondary data methods <strong>of</strong> crime statistics<br />
and victim interviews (Bryman, 2008). Thus, as numerous Scholars like, Auerbach and<br />
Silverstein (2003, p.22) positively perceive both, “qualitative and quantitative research as<br />
complementary”, the greatest unsurpassed outcomes therefore, frequently combine features<br />
<strong>of</strong> both positivist and interpretive paradigms (Carter and Presnell, 1994).<br />
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Furthermore, Bryman (2004) correspondingly approves with this viewpoint, and articulates it<br />
to uphold different epistemological and ontological contemplations, and various perspectives<br />
concerning the association between theory and research, resulting overall, in „superior selfassurance<br />
in discoveries‟.<br />
Additionally, Silverman (2005) states that merging the two methods <strong>of</strong> secondary data in this<br />
way, is advantageous in overwhelming any intrinsic bias, <strong>of</strong> the favouring <strong>of</strong> one particular<br />
technique, and thus, facilitates a systematic analysis <strong>of</strong> the research, resulting in a<br />
strengthened reliability in the evidence presented.<br />
But on contrary to this positivity, it is indispensable to state, to demonstrate an<br />
acknowledgement <strong>of</strong> contrasting perspectives, that the epistemological assumptions, values,<br />
and methods <strong>of</strong> „mixed‟ techniques, can be negatively viewed to be inextricably intertwined,<br />
and incompatible between paradigms (Guba, 1985). This is because, as “the amalgamation is<br />
solely at a superficial level” (Bryman, 2008, p.604), it disregards the suppositions underlying<br />
research methods, and therefore transforms, qualitative inquiry into procedural variation <strong>of</strong><br />
quantitative inquiry (Smith and Heshusius, 1986).<br />
As there were time restrictions <strong>of</strong> the project, and the scope given for the critical literature<br />
review was very limited, the research data „type‟ designated was secondary analysis. This is<br />
because, firstly, I was not in a position to conduct primary research, and secondly it was<br />
considered, congruently with the interpretation <strong>of</strong> Appleton and Walliman (2009) to be, more<br />
applicable in gratifying the research expectations and restrictions <strong>of</strong> an undergraduate<br />
dissertation. Although, primary research which is defined as the method <strong>of</strong>, collecting<br />
information specifically for the study at hand, from actual sources (Nargundkar, 2003), is<br />
positively seen to be, focused, with no unnecessary data collection (Nargundkar, 2008), it is<br />
overwhelmingly negatively perceived as, „very time consuming‟ in terms <strong>of</strong> inaugurating<br />
samples, and „extraordinarily expensive‟, in relation to the infinite resources needed for<br />
collecting and processing statistics (Carter and Thomas, 1997). Therefore, this particular<br />
method is vastly inappropriate for this particular project.<br />
Secondary data analysis, according to McGivern (2006) is defined as the, data that already<br />
exist in some form, which was originally collected for another purpose. This can be positively<br />
perceived to incorporate, more accurate and reliable information (Bryman, 2004), but on the<br />
contrary, has different units <strong>of</strong> measurement from those required (Hollensen and Schmidt,<br />
2006). Nevertheless, the „methods‟ <strong>of</strong> secondary data utilised for this project compromise <strong>of</strong>;<br />
<strong>Journal</strong> Articles, <strong>Internet</strong> Sources, Textbooks, Newspapers, „Women‟s Aid‟ and „Refuge‟<br />
Reports and Home Office Publications. Thus, these were accumulated from the trustworthy<br />
source <strong>of</strong> knowledgeable „peer reviewed‟ <strong>Journal</strong>s, whose data is not only more<br />
representative, having come from a superior array <strong>of</strong> antecedents, but moreover, is largely<br />
free from the above restrictions and difficulties encountered in primary data research<br />
(Sarantakos, 2005). Subsequently, this varied data was collected using keyword searches on<br />
the Huddersfield University Library Catalogue (HULC) and Google Books (GB), as well as<br />
adopting the „Snowball Technique‟, both <strong>of</strong> which will be successively explained in the latter<br />
half <strong>of</strong> this chapter.<br />
Firstly, Academic <strong>Journal</strong> Articles both in hard copy, and electronic form, were utilised for<br />
their contemporary context and reliability. Quintessential Criminological <strong>Journal</strong>s by<br />
Hirschel and Hutchinson (1992) were initially premeditated in relation to domestic violence.<br />
Thus, inadequate results, however, revealed that <strong>Journal</strong> Articles relating precisely, to the<br />
„police response‟ to domestic violence, were negligible. Therefore, the technique had to be<br />
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re-focused and narrowed, in order to adopt a more „police response‟ related investigation.<br />
This was accomplished, by reading the question and objectives <strong>of</strong> the dissertation more<br />
meticulously.<br />
Secondly, <strong>Internet</strong> Sources, which provided roughly 30% <strong>of</strong> the research basis, was exploited<br />
with discretion, and vigilant elimination <strong>of</strong> unscrupulously written and extreme material.<br />
Although, initially, there were some uncommon complications in obtaining authentic research<br />
material, due to, “ludicrous information and preposterous conspiracy theories, filling the<br />
internet” (Knight, 2003, p.348), the author viewed this as a fragment <strong>of</strong> the challenge, in<br />
undertaking a more unprecedented study, and thus, unswervingly responded by using<br />
dependable websites, such as, „www.opengovernment.com‟.<br />
Thirdly, after a preliminary exploration on the HULC, it was immediately apparent that there<br />
was a severe deficiency in published Textbooks (2 results), on the subject <strong>of</strong> domestic<br />
violence. Although, these books were beneficial, I alternatively used GB, to further my<br />
investigation. This judgement was catalytic, due to the superior arrangement <strong>of</strong> books<br />
accessible (212 additional results). One contemporary Textbook, which revealed to be<br />
tremendously worthwhile, was „Domestic Violence‟ by Danis and Lockhart (2010).<br />
Fourthly, Newspapers unambiguously „broadsheets‟ (Daily Telegraph), were habitually<br />
utilised on a weekly basis for their competency, whilst, „tabloids‟ (The Sun), were<br />
marginalised because <strong>of</strong> their elaborative headlines. Although, they were originally<br />
insufficient and irregular stories, I asphyxiated this problem, merely by purchasing another<br />
Newspaper (Guardian). Subsequently, this authentically was an instrumental pronouncement,<br />
as on average, there was 1 pertinent illustration every 2weeks, which could be crossreferenced<br />
into my work.<br />
Fifthly, Women‟s Aid and Refuge Reports were recurrently obtained once a month, through a<br />
direct hyperlink sent via email. Thus, these were formerly regarded as daunting, because they<br />
were predominantly evocative (over 180 pages long), which made it timely to unearth explicit<br />
material. Consequently, this was not „ultimately‟ regarded problematical, as the more reports<br />
I recited, the more knowledgeable I became at locating sought after information.<br />
Finally, Home Office Publications were expended primarily for their political and legislative<br />
framework. To begin with, complications ascended from the utter magnitude <strong>of</strong> the<br />
periodicals available, and inevitably, the technical hitches to confine the „fundamental‟<br />
publications, that emerged as a result. Subsequently, this matter was abruptly resolved, by<br />
solely „filtering‟ through the essential publications, using the rudimentary process <strong>of</strong> „skimreading‟.<br />
This was effective, because it dispensed plentiful material in a small time period.<br />
As already momentarily suggested, it must be recollected, however, that academic books<br />
have to progress through the publication process, which can take time to accomplish, and<br />
consequently, their content may not replicate the furthermost current policy. It is this notion,<br />
therefore, that this project has expended a variability <strong>of</strong> supplementary methods, to convey a<br />
persistent reflection on contemporary issues.<br />
As aforementioned in this chapter, the research techniques employed throughout this review<br />
contained, mutually <strong>of</strong>, „keyword‟ searches and the „Snowball Technique‟.<br />
For the purposes here, a literature search is generally defined as, a systematic and thorough<br />
search <strong>of</strong> all types <strong>of</strong> published literature, in order to identify as many items as possible, that<br />
are relevant to a particular topic (Wilkinson, 2000).<br />
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Accordingly, I accomplished the former, by performing searches <strong>of</strong> keywords using the<br />
universally recognisable „Boolean-Logic‟ method, <strong>of</strong> integrating words with „and‟, and<br />
correspondingly with „or‟, to constrict the search. Whereas, the latter was achieved, through<br />
merely following up the references from the bibliographies <strong>of</strong> the manuscripts I rehearsed.<br />
Terminology<br />
The infinite preponderance <strong>of</strong> the literature studied for this dissertation, has been engraved by<br />
significant Feminist writers. Therefore, what has become ostensible in the development <strong>of</strong> the<br />
research is the multiplicity <strong>of</strong> terminology used by Scholars, to classify „victims‟ <strong>of</strong> domestic<br />
violence.<br />
As formerly specified, there is an abundance <strong>of</strong> expressions used that denotes to domestic<br />
violence per se. But similarly, DeKeseredy and Hinch (1991) insinuate explicitly that the<br />
terms used in the United Kingdom, to categorise „victims‟ <strong>of</strong> domestic violence consist <strong>of</strong>,<br />
„abused women‟ and „abused wife‟s‟, whereas in the United States, phrases alike „battered<br />
women‟ are more palpable (Roy, 1977). Consequently, this varied universal vocabulary<br />
elevates both semantic and conceptual debates.<br />
One <strong>of</strong> these divergences clarifies that, gender-neutral terms are circumvented because they<br />
are too euphemistic, as in the vast majority <strong>of</strong> cases domestic violence is committed by a man<br />
against his female partner (Miller, 2003).<br />
Accordingly, this conception is extensively documented, maintained and tolerated in<br />
mainstream society (Home Office, 2005), and one which the project does not challenge. But,<br />
for the purposefulness <strong>of</strong> this dissertation, and to devoid any meaning to depoliticise the<br />
matter <strong>of</strong> domestic violence, when communicating generally, the countenance „victim‟ <strong>of</strong><br />
domestic violence, will be used as a gender-neutral semantic replacement. This is because,<br />
this term is more comprehensive and acknowledges, as previously stated in the Introduction<br />
section, that although, women are more frequently the victims <strong>of</strong> domestic violence, it also<br />
affects the male, lesbian, gay, bi-sexual and transgender community (David et al, 2006).<br />
With this in mind, when referring to scholarly research, I will thus be unequivocal in<br />
illustrating the relationships involved, so that there remains no misunderstanding, over who<br />
the victims and perpetrators are. Henceforth, when using the phrase „domestic violence‟ I will<br />
be referring to the forcefulness manifestation amongst both, existing and non-existing<br />
associates, whether, cohabiting or non-cohabiting, who are, or who have been encompassed<br />
in passionate interactions. On contrary, I will not be using the term „domestic‟ in the<br />
circumstance <strong>of</strong> hostility occurring between „blood-relatives‟.<br />
Ethical issues<br />
With affection to ethical discussions, Reardon (2006) accentuates it is crucial to guarantee<br />
that, the integrity <strong>of</strong> the „research process‟ and „ethical behaviour‟ becomes second nature to<br />
all researchers. Moreover, high ethical moralities must be encouraged by researchers<br />
generally, but principally, by those undertaking undergraduate projects (Creswell, 2009).<br />
With this in mind, in relation to the project, i was tremendously observant in that this region<br />
<strong>of</strong> research investigated, could possibly provoke various ethical issues with apprehensions <strong>of</strong>,<br />
confidentiality, personal privacy, personal safety, and obligations <strong>of</strong> the Data Protection Act<br />
1998 (Al-Hakim, 2007). Additionally, as previously stated, there are also issues <strong>of</strong> author and<br />
reader bias, and validity <strong>of</strong> findings that need to be documented (Newburn, 2007). Therefore,<br />
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i intentionally employed „secondary particulars‟ so there unpretentiously were no fears <strong>of</strong><br />
ethical concerns, throughout this project.<br />
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Chapter 3: Literature review<br />
Domestic violence definition<br />
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As „domestic violence‟ has not remained, “separately identified in police force statistical<br />
returns <strong>of</strong> recorded crime to the Home Office”, it is therefore not a legally defined <strong>of</strong>fence<br />
(Home Affairs Committee, 2007, p.16). Accordingly, this indistinctiveness in a legitimate<br />
definition has patently led to the investigating <strong>of</strong> domestic violence being both challenging<br />
and controversial. Furthermore, Walklate (2005) fittingly appoints this is not autonomously a<br />
„modern-day concern‟, as Dekeseredy (2010) accredits it to be, but has been historically<br />
perplexing. Therefore, critical spectators have noted a lack <strong>of</strong> reliability amongst Government<br />
Officials, Scholars and Mainstream Society, over the relationship and types <strong>of</strong> behaviour that<br />
should be included under the „rubric‟ <strong>of</strong> domestic violence, and consequently, believe the<br />
expression should not be used (Mooney, 2000). However, the term „domestic violence‟ is<br />
optimistically perceived, “most favoured in policy-making areas”, because it covers all<br />
domestic relationships (Choudhuriit, 2008, p.16).<br />
Taking these debates into consideration, Riviello (2010) advocates, that regardless <strong>of</strong> a nonexistent<br />
legal definition, there is a recurrent all-encompassing meaning, which is helpful for<br />
this literature review.<br />
Henceforth, domestic violence is commonly defined as, “any incidence <strong>of</strong> threatening<br />
behaviour, violence or abuse between adults who are or have been intimate partners or family<br />
members, regardless <strong>of</strong> gender or sexuality” (Squire, 2009, p.115).<br />
Thus, this latest definition is helpful because, it is immensely exhaustive and comprehends a<br />
more extensive assortment <strong>of</strong> „individuals‟ (Black and Minority Ethnic Groups), and „issues<br />
<strong>of</strong> trepidation‟, like honour based violence, female genital mutilation and forced marriage<br />
(Abbas and Idriss, 2011), than the preceding clarification presented by the Home Office<br />
(2003) which merely amalgamated adults and family members.<br />
In summary, by undertaking this particular definition, the above concerns expressed by<br />
critical advocates will be appropriately addressed, and the needs <strong>of</strong> minority groups will be<br />
sensitively considered.<br />
Historical perspective <strong>of</strong> domestic violence<br />
As previously outlined in the introduction section, domestic violence is by no means a new<br />
phenomenon, and is as old as recorded history itself (Newburn, 2007). With origins, dating<br />
back to ancient Greece, and the dawn <strong>of</strong> European civilisation, henceforth, domestic violence<br />
has been documented in virtually all societies, in most countries, and has been legally,<br />
socially and culturally acceptable (Elmsley, 1996).<br />
Furthermore, preliminary Feminist Cobbe (1878) states that these unfathomable heritages <strong>of</strong><br />
violence in the „patriarchal systems‟, was at the time, however, “regarded not as a crime, but<br />
as a man‟s duty as the authority figure in the home”, to keep control over his wife and<br />
children through permissibly, whichever method necessary to accomplish contentment (Hess<br />
and Orthmann, 2010, p.298).<br />
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Accordingly, this tolerance <strong>of</strong> male dominance was customarily conveyed, theatrically,<br />
throughout the seventeenth century (Campbell and Coote, 1987). For example, Puppet Shows<br />
such as „Punch and Judy‟, appropriately demonstrated, in Scene one, “Punch commencing an<br />
attack upon his wife” (Mayhew and Tuckniss, 1949, p.55), and Shakespearean performances<br />
like „The Taming <strong>of</strong> the Shrew‟, where in Act three, Scene two, „Petruchio‟ fittingly states,<br />
“I will be master <strong>of</strong> what is my own. She is my goods, my chattels” (McElroy, 2001, p.103).<br />
Legislation and police response pre 1970<br />
Between 1853 and 1860, there were three significant endeavours to introduce legislative<br />
changes, premeditatedly to „specify‟ and „regulate‟ the magnitude <strong>of</strong> force which a man could<br />
mandate on women and children, <strong>of</strong> which, merely one received Royal Assent (Hobson,<br />
2002). This was the 1953 Better Prevention and Punishment <strong>of</strong> Aggravated Assaults on<br />
Women and Children‟s Act (BPPAAWCA) (Bromley and O‟Malley, 1997).<br />
This Act, dubbed the „Good Wives‟ Rod‟ positively, “increased the maximum penalties under<br />
the 1828 Offences Against the Persons Act”, to £20 or six months in prison (Shilling, 2008,<br />
p.31), and made it attainable for a, third party witnessing an assault to bring a complaint to a<br />
magistrate (Surridge, 2005).<br />
Although despite this hopefulness, “the maximum penalties were rarely enforced”, as the Act,<br />
did not function straightforwardly to occurrences <strong>of</strong> domestic violence (Mooney, 2000, p.70).<br />
Additionally, McLynn (1989, p.36) accentuates the killing <strong>of</strong> a wife was more foreseeably,<br />
“to result, in manslaughter rather than a murder charge”. This is because, throughout this era,<br />
it was still relatively permissible under the „Rule <strong>of</strong> Thumb‟ standard, for men to use any<br />
mechanism to physically administer family obedience, as long as the object was no larger,<br />
than the thickness <strong>of</strong> the thumb (Bennett et al, 2007).<br />
Although, comparatively and somewhat disconcerting, during this period, it was unlawful<br />
under the Cruelty to Animals Act 1877 to „mistreat‟ any animal, and hitherto by divergence,<br />
was socially conventional to „mistreat‟ a human (Belle, 2008). Thus, it becomes especially<br />
worrying that over a century later, social acceptability, or moreover, „ignoring the problem‟<br />
prevails, as Gould‟s (2003) survey <strong>of</strong> 1000 people which is shown in the graph below,<br />
discovered a staggering 78% <strong>of</strong> people questioned, would intervene if a dog was mistreated,<br />
whilst, barely 53% would encroach if it was their companion.<br />
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Figure 1: Gould’s (2003) survey <strong>of</strong> 1000 people converted in to percentages<br />
In accumulation, it is indispensable to express promptly, that shadowing pieces <strong>of</strong> legislation<br />
to „BPPAAWCA‟ also permitted women to; grant a divorce on the grounds <strong>of</strong> a husband‟s<br />
cruelty (Divorce and Matrimonial Act, 1857) (Jordan, 2010), possess and regulate their own<br />
property, (Married Women‟s Property Act, 1870, 1882) (Shanley, 1989), and finally, the right<br />
to financial support from their husbands, (Maintenance <strong>of</strong> Wives Act, 1886) (Gibson, 1994).<br />
In summary, these pieces <strong>of</strong> legislation were enthusiastically perceived by Davis (2003), to<br />
be the start <strong>of</strong> a more enlightened and somewhat sophisticated conception <strong>of</strong> civilisation.<br />
However, as validated above, on meticulous assessment this representation is vastly<br />
multifaceted and therefore, regardless <strong>of</strong> certain undeniable advancements, control by a<br />
husband over „his‟ wife was permissible, and thus, „police intervention‟ in „matrimonial<br />
confrontations‟ was overlooked (Sievens, 2005).<br />
Second wave feminism<br />
As aforementioned, for too long society tolerated and ignored violence within a home<br />
(Pycr<strong>of</strong>t, 2010). Thus, it was not until the 19 th century, with the manifestation <strong>of</strong> „first-wave<br />
feminism‟, that women commenced the difficulty to ascertain legal rights (James and Wilson,<br />
2007). Whereas, several alterations were accomplished, it was not before the emergence <strong>of</strong><br />
„second-wave feminism‟ in the 20 th century, that equality in relationships became an<br />
important matter (Smith, 2008). Notwithstanding, violence against women at this time, was<br />
once again, employed on the governmental agenda by „activist‟ feminists, reinforced by an<br />
assortment <strong>of</strong> feminist „academics‟, which both highlighted the need to recognise the<br />
widespread problem <strong>of</strong> domestic violence and the necessity to challenge it (Hoyle, 2007).<br />
Typically, this sort <strong>of</strong> encouragement ordinarily leads to the Home Office providing<br />
recommendations through Home Office Circulars, which are implemented by Chief Police<br />
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Constables to address a problem (Brown, 1998). However, as the commencing section will<br />
illustrate, this is not always the case.<br />
Legislation and police response post 1970<br />
As begun to advocate, the latter part <strong>of</strong> the 1970s, brought various pieces <strong>of</strong> legislation<br />
channelled towards sufferers <strong>of</strong> domestic violence (Brammer, 2007). Initially, the Domestic<br />
Violence and Matrimonial Proceedings Act (1976), was presented, to provide women the<br />
legitimacy to regulate a „matrimonial‟ dwelling, and to request for an injunction excluding a<br />
violent individual (Burton et al, 2007). Thereafter, the Magistrates‟ Courts Act (1978) was<br />
thus employed, which simplified the distribution <strong>of</strong> the „injunctions‟, “in order to protect<br />
married women”, whom had been subjected to physical violence (Johnson, 1985, p.5).<br />
Notwithstanding, these two Acts, also obligated the assistance <strong>of</strong> accompanying legislation,<br />
like the 1977 Housing (Homeless Persons) Act which employed a „two-strand‟ obligation on<br />
the Local Authority Housing Departments, to secure accommodation for individuals in<br />
priority need and to advise and assist others (Conway, 2003). Later still, the Matrimonial<br />
Homes Act (1983) also provided an alternative preference <strong>of</strong> alleviation, for persons sharing<br />
a domestic dwelling (Lockton and Ward, 1997).<br />
Although, the above Acts, were optimistically envisioned to distribute legislative resolutions,<br />
the method in which they were implemented, had predetermined that „battered women‟<br />
sustained inadequate fortification (Sumners, 2002). This is because, they were concerned<br />
with „civil law‟ remedies, leaving „criminal law‟ largely unaffected (Newburn, 2007).<br />
Regarding more explicitly towards „police response‟ to domestic violence, one <strong>of</strong> the leading<br />
Home Office documents to the police was the 69/1986 Circular entitled „Violence against<br />
Women‟ (Home Office, 1986). This elucidated guidance, for accomplishing improved<br />
treatment for victims <strong>of</strong> domestic violence, whereby the police were customarily obligated to<br />
safeguard those concerned within „domestic disputes‟ (Kumar, 2003). Moreover, it<br />
correspondingly accentuated there to be a distinction between unsubstantiated and untruthful<br />
complaints, whereby, the former should remain recorded as crime, whilst the latter, be<br />
registered as „no-crime‟ (Temkin, 2002).<br />
Accordingly, Bourlet (1990) pessimistically contends, that this strategy was not<br />
acknowledged by „all‟ Chief Police Constables as being commendable, which consequently,<br />
neutralised its encouragement on governmental policy. But on the divergent, Freeman (1987)<br />
argues the Manchester Metropolitan Police Force for instance, were recognised to have<br />
efficiently embraced this approach, and thus Edwards (1989) further discovered that, victims<br />
expressively believed their prerequisites were gratified because <strong>of</strong> these modifications.<br />
Irrespective <strong>of</strong> this, an alternative and more challenging Circular (60/1990) dubbed<br />
„Domestic Violence‟ later succeeded, which was premeditated to stimulate, a more proactive<br />
police response to domestic violence (Home Office, 1990). This quantified that, all police<br />
constables occupied in circumstances <strong>of</strong> domestic violence, should regard their overriding<br />
precedence to be the fortification <strong>of</strong> victims and the apprehension <strong>of</strong> perpetrators (Herring,<br />
2007). This prominence was on certifying that, police <strong>of</strong>ficers were conscious <strong>of</strong> their powers<br />
<strong>of</strong> arrest, and that domestic violence was documented and investigated in the equivalent<br />
manner, as additional configurations <strong>of</strong> violent crimes (Hague and Malos, 2005).<br />
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Henceforward, this strategy was influenced by the amalgamation <strong>of</strong> anxieties expressed by,<br />
the public and fundamental feminists like Pahl (1985), whom both articulated police services<br />
to be „inadequate‟ and „inconsistent‟, when acting on crimes amongst intimates (Adlam and<br />
Villiers, 2003).<br />
Nonetheless, Gregory and Lees (1999) positively denote, that this encouraged a more<br />
compellingly humanistic criminal justice system, whereby, victims are perceived as valued<br />
participants in the decision making process. But on the antagonistic, Ashworth (2010)<br />
postulates that, although, over 90% <strong>of</strong> police forces throughout the country, adopted most <strong>of</strong><br />
the Home Office recommendations in their local area policies, it was not however, translated<br />
into practise.<br />
Therefore, to address this contentious and intermittently emerging matter, a recent Circular<br />
(19/2000) named „Domestic Violence‟ was presented (Home Office, 2000a). It achieved this,<br />
by employing greater prominence upon local police policy, and advocating „how‟<br />
occurrences <strong>of</strong> domestic violence ought to be regulated (Izuhara, 2003). Notwithstanding, a<br />
second Home Office (2000b) document which was simultaneously introduced, outlined<br />
recommendations on a multi-agency method to policing domestic violence, an approach that<br />
originated from the 1998 Crime and Disorder Act (Cleaver, 2007).<br />
However, regardless <strong>of</strong> all these informative „endeavours‟, it was not until the „legislative‟<br />
introduction <strong>of</strong> the Domestic Violence, Crime and Victims Act 2004, that victims <strong>of</strong> domestic<br />
violence ascertained statutory rights <strong>of</strong> protection (Brammer, 2010). This was accomplished,<br />
through generating two modifications to Court procedure, wherein, „Restraining Orders‟ were<br />
initially presented to administer acquitted defendants from undertaking specific acts, and<br />
secondly, Judges were given the capability to determine whether an individual is „fit to<br />
plead‟, by reason <strong>of</strong> insanity (Wilson, 2008). But more pertinently, two restructurings to<br />
„police practise‟ were also applied, whereby, „Non-Molestation Orders‟ obtained under<br />
section four <strong>of</strong> the Family Law Act (1996) were firstly amended, to stipulate a criminal<br />
sanction (5years‟ imprisonment) for nonconformity, and secondly, the act deemed „commonassault‟,<br />
became an arrestable <strong>of</strong>fence, even without an imposed warrant (Malsch and<br />
Smeenk, 2005).<br />
In accordance, to these numerous Circulars and pieces <strong>of</strong> legislation, Anderson and Garner<br />
(2008) advocate that, although police „liability‟ and „control‟ over domestic violence, has not<br />
been debated openly in a political context, since the 1980s, it continues to be an essential<br />
matter.<br />
Thus, one <strong>of</strong> the pioneering scholars to investigate „police response‟ to domestic violence was<br />
Dobash and Dobash (1980), whom discovered that the police frequently showed insufficient<br />
empathy with victims, and inadequate commitment to addressing the problem. This is<br />
because police practises were characterised by animosity or at best indifference (Dobash and<br />
Dobash, 1992). Furthermore, the police generally received no training on domestic violence,<br />
and when they did the prominence was, upon „mediation‟ and preserving the „family-unit‟<br />
(Burton, 2008).<br />
Notwithstanding, another noteworthy exploration was Edwards (1986) study, which<br />
uncovered a great reluctance to record domestic violence as a „crime‟, and a substantial<br />
quantity <strong>of</strong> domestic violence incidents were in reality „no crimed‟, by the police. Thus,<br />
Edwards (1987) attributed some <strong>of</strong> this unwillingness to police stereotypes, observing that the<br />
under-enforcement <strong>of</strong> the criminal law was affected by private attitudes regarding appropriate<br />
sex roles. Therefore, the legal victim does not continually turn out, from a police viewpoint,<br />
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to be the moral victim, and the decision to arrest is influenced by the moral standpoint; that is<br />
to suggest by the extent to which the victim deserved it, and whether the perpetrating<br />
behaviour was justified (Edwards, 1989).<br />
Adding to this perspective, Besharov (1990) clarifies in his work that, police constables<br />
would attempt to mediate amongst concerned groups, or persuade victims to utilise civil<br />
remedies, even when they desired the perpetrator to be arrested and the police had the<br />
capabilities to do so. Henceforward, complainant withdrawal was the foremost purpose given<br />
by the police, for refusing to take legislative action against domestic violence <strong>of</strong>fenders<br />
(Salimbeni, 2010). Essentially, police constables demonstrated insignificant identification <strong>of</strong><br />
„why‟ victims might withdraw their complaints, by denoting it to the victim‟s „fickleness‟,<br />
rather than the apprehension <strong>of</strong> additional violence (Newburn, 2008).<br />
With this influx <strong>of</strong> „scholarly‟ investigations, the „Assistant Chief Constable‟ Alan Bourlet<br />
(1990, p.74) also conducted an enquiry, which found, “that most constables had negative<br />
attitudes towards matrimonial violence”, <strong>of</strong>ten feeling that they should not become involved.<br />
Furthermore, domestic violence work was proven to be detested, the preponderance <strong>of</strong> police<br />
constables felt insufficiently trained and were unenthusiastic to make arrests because, in their<br />
experience, victims withdrew their complaints (Culhane, 2011). Moreover, countless police<br />
constables believed that domestic violence, ought to be dealt with by other organisations, and<br />
thus, became exasperated at being repeatedly called to the same residence, only to have their<br />
recommendations overlooked (Hess, 2011).<br />
More contemporarily, these anxieties associated with policing domestic violence, have<br />
achieved a high pr<strong>of</strong>ile, which has obligated the police, to integrate measures to minimise<br />
domestic violence (Chung et al, 2009). An illustration, <strong>of</strong> this is the Home Office (2006)<br />
campaign, which attempted to improve three quintessential domains; the investigation at call<br />
room, evidence collecting at the scene, and targeting <strong>of</strong> prolific <strong>of</strong>fenders.<br />
The former encompassed, caller handlers receiving training to distinguish and undertake<br />
„first-line-investigation‟, throughout their conversation with victims (Humphreys and Stanley,<br />
2006). Thus, they used a „call taker checklist‟, so they can be prompted about appropriate<br />
queries, to safeguard victims and obtain evidential information (Kitaeff, 2011).<br />
The second, integrated dedicated „domestic violence response vehicles‟, which were<br />
deployed to support with effective evidence gathering (Dempsey and Forst, 2010). Moreover,<br />
digital images which record evidence at scenes, were also utilised, in which, some individuals<br />
used body-worn cameras, whilst others, left concealed cameras in homes (Cox et al, 2011).<br />
The latter, emphasised the necessity for police constabularies to distinguish their „high-risk<br />
<strong>of</strong>fenders‟, in order to utilise new criminal sanctions, introduced under the above pieces <strong>of</strong><br />
legislation (Buzawa and Buzawa, 2011).<br />
Accordingly, Burton (2008) positively denotes that any catalyst for the improvement in<br />
police response to domestic violence, should be embraced, given the historically incompetent<br />
performance, and thus, these one-<strong>of</strong>f initiatives have the potential for wider impact, if good<br />
practise is effectively disseminated. However, the procedure <strong>of</strong> transformation is predictably<br />
time-consuming in the police, where, altering working regulations and police culture is not as<br />
simplistic, as changing <strong>of</strong>ficial policy and guidelines (McCue, 2008).<br />
Taking this negative notion further, Davies (2008) observes that more recently, issues <strong>of</strong><br />
„discretion‟ available to frontline staff in determining „if‟ or „how‟ they ought to deal with<br />
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reported incidents, have emerged. Thus, the uppermost established arguments are presented<br />
by Anthony (2008) whom has advocated that, the significance <strong>of</strong> police discretion is due,<br />
partly, to the fact that, in the police organisation top-down control over policy<br />
implementation, through complete and flawless conventionality, is problematic. This is firstly<br />
because, the police are expected to deliver an assortment <strong>of</strong> amenities, and secondly, the<br />
extended sequences <strong>of</strong> command in police organisations, preclude intimate supervision, over<br />
frontline staff (Villiers, 2009). Consequently, Newburn (2008) argues this inexorableness,<br />
results in policy being customised or transformed by local directors and front-line staff, into<br />
operational practise, which formulates coherency that permits their decisions being converted<br />
into „street-level policy‟. In sum, implementation concerns such as this have a specific<br />
influence on the police response to domestic violence (Williamson, 2008).<br />
Reporting and Non-reporting incidents<br />
Domestic violence, in its extreme form, should be addressed by criminal statutes as<br />
contended by Brammer (2010), because characteristically, the victim is frequently conscious<br />
they have been attacked, the <strong>of</strong>fense „if‟ reported to the police is comparatively<br />
uncomplicated, and no detective-work is required to determine the <strong>of</strong>fender. However,<br />
regardless <strong>of</strong> this potential for intervention, many victims <strong>of</strong> domestic violence have<br />
reservations about reporting it to the police, as verified by Marcelino (2009), because they<br />
<strong>of</strong>ten believe, their complaints will be dismissed. Notwithstanding, studies focusing on Black<br />
Minority and Ethnic Groups, have also discovered a reluctance to record domestic violence,<br />
primarily because, <strong>of</strong> racist stereotypes in police culture and racist immigration legislation,<br />
like the 2009 Citizen and Immigration Act (Mirza, 2009). Moreover, the most up-to-date<br />
research on individuals, from this marginalised group, has also uncovered that they<br />
themselves were assaulted and threatened with arrest, when they reported domestic violence<br />
to the police (Caliendo and Mcllwain, 2011).<br />
Despite these current apprehensions, Kitaeff (2011) denotes there is still diminutive<br />
understanding about domestic violence, which is an area that requires comprehensive<br />
research, specifically, on the overall population. Furthermore, the genuine magnitude <strong>of</strong><br />
domestic violence is debated by Hague and Malos (2005) to be undistinguishable, as it has<br />
the highest hidden figures <strong>of</strong> any crime. Additionally, statistics derived from the police, are<br />
unavoidably selective and incorporate merely a minor fragment <strong>of</strong> victims, which inevitably<br />
leads to the „hidden figure <strong>of</strong> crime‟, that is, the non-reporting <strong>of</strong> crime to the police, and the<br />
failure <strong>of</strong> the police, to record all the crime, that is reported to them (Byers and Hendricks,<br />
2006). Therefore, police figures represent simply the „tip <strong>of</strong> the iceberg‟ and in a few<br />
instances, reveal the limited accessibility <strong>of</strong> such resources, than the general extent <strong>of</strong> the<br />
issue (Mooney, 2000).<br />
Victimisation surveys, which incorporate questioning a selection <strong>of</strong> individuals about crimes<br />
committed against them, within the preceding year, have mutually made a nationwide and<br />
local-level contribution, to the understanding <strong>of</strong> the hidden figure <strong>of</strong> various crimes<br />
(Hemmens and Walsh, 2011). Although, they have their own hidden figure <strong>of</strong> non-response,<br />
this is greatly reduced when compared to police statistics (Hanmer and Itzin, 2000). More<br />
specifically, victimisation surveys for domestic violence are regularly perceived to have<br />
severe restrictions, in which Johnson et al (2008) proposes that, figures are repeatedly underrepresentative,<br />
and there are uncertainties as whether sizeable surveys covering the gamut <strong>of</strong><br />
criminality, incorporates the compassion to pick-up on, all but a segment, <strong>of</strong> the entire<br />
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incidence <strong>of</strong> domestic violence. Thus, levels <strong>of</strong> non-reporting are contemplated to be<br />
substantial, for reasons like fears <strong>of</strong> reprisal (Geffner and Rosenbaum, 2002). Typically,<br />
domestic violence is not disclosed to anybody external to the immediate family, and it is<br />
therefore doubtful, that victims will disclose their experiences to an uninterested interviewer,<br />
which is why incidence figures uncovered by these surveys are low, for illustration, 3% in the<br />
2008 British Crime Survey (Gough and Pycr<strong>of</strong>t, 2010).<br />
In comparison to this, investigations by feminists have directed towards considerably higher<br />
figures, (up-to 15%), as they take into consideration the methodological insufficiencies <strong>of</strong><br />
surveys, most perceptibly, in terms <strong>of</strong> clarifying what truly constitutes as domestic violence,<br />
and have engaged more ethical research techniques, like self-completion questionnaires<br />
(Dawes, 2004). Regrettably, this spectrum <strong>of</strong> work, has been limited by the deficiency in<br />
funding, and has become disapproved for the utilisation <strong>of</strong> small and biased sampling<br />
methods, which prevent the outcomes from being generalised to the entire population (Babbie<br />
and Maxfield, 2009).<br />
Therefore in essence, Gaines and Miller (2007) advocate that the nonexistence <strong>of</strong><br />
authoritative statistics on domestic violence, eventually leads to taking pre-emptive action, to<br />
alleviate the issue. Thus, the North London Domestic Violence Survey (NLDVS) was<br />
established in response, to the requirement for enhanced information on the extent <strong>of</strong><br />
domestic violence (Lockton and Ward, 1997). Thus, this constructs on feminist investigation<br />
perceptions, and combines it with an unsystematic survey, sizeable enough to make crosstabulations<br />
by age, class and ethnicity (Sigel, 2010). Fundamentally, the NLDVS is the<br />
largest survey focused entirely on domestic violence, in Great Britain (Siegel, 2009), which is<br />
why the „reported‟ incidence <strong>of</strong> domestic violence is going to be highlighted, in detail, using<br />
a contemporary NLDVCS.<br />
A 2008 NLDVCS, estimated there to be on average 1,243,000 incidents <strong>of</strong> domestic violence,<br />
annually, in England and Wales, which accounts for 15% <strong>of</strong> all violent crime, and will<br />
involve one-in-four women, and encompass one-in-six men (Marcelino, 2009).<br />
Catastrophically, two people are murdered every week, as a result <strong>of</strong> domestic violence,<br />
accounting for an astonishing 35% <strong>of</strong> all murders (Newburn, 2008). Domestic violence also<br />
has the uppermost rates <strong>of</strong> repeat victimisation, whereby, 57% <strong>of</strong> „all‟ victims are involved in<br />
more than one incident (Karmen, 2010).<br />
A supplementary survey to these statistics, was conducted by Thompson (2010) which<br />
discovered that, 38% <strong>of</strong> female domestic violence victim‟s, identified what had happened was<br />
„domestic violence‟ whilst, 43% regarded it as „not domestic violence‟ and 19% „did not<br />
know what to answer‟. However, for male victim‟s, 24% thought it was „domestic violence‟,<br />
whereas, 58% considered it „not domestic violence‟ and 8% „did not know what to answer‟.<br />
Moreover, 24% <strong>of</strong> female and 16% <strong>of</strong> male victims perceived their incident as „a crime‟, 34%<br />
and 30%, correspondingly, thought it was „wrong, but not a crime‟, 18% and 19%<br />
equivalently, viewed it as „something that happens‟, while 24% and 35% comparably, „did<br />
not want to answer‟ (Figure 2).<br />
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Figure 2: Perceptions <strong>of</strong> domestic abuse: percentage <strong>of</strong> victims answering according to category,<br />
(Thompson, 2010).<br />
In summary, this chart validates that male victims are less prospectively to recognise<br />
domestic violence and perceive it as a crime than females, and thus, Anthony (2008) states<br />
this consequently, lowers reporting rates to the police therefore affecting the overall<br />
percentages <strong>of</strong> male victim‟s. Accordingly, Villiers (2009) clarifies this is because; females<br />
sustain more serious injuries than males, which makes it more likely for them to view it as<br />
domestic violence and a crime.<br />
Contemporary context<br />
To re-alliterate, historically, the police response to domestic violence has come under huge<br />
criticism, particularly, in the 1970s when feminist campaigns highlighted the police as being<br />
reluctant to arrest men whom assault „their‟ wives (Burrill et al, 2010).<br />
Therefore, from 1986 onwards, the requirement for alterations in police practise has been<br />
eventually accepted by the Home Office, whereby the 60/1990 Circular, undoubtedly<br />
indicated that domestic violence is now viewed a „crime‟ (Shipway, 2004). Thus, this<br />
Circular has urged police constabularies to produce „explicit force policies‟ on domestic<br />
violence, and establish devoted Domestic Violence Units (DVU‟s), with specially trained<br />
Domestic Violence Constables to manage domestic violence (Sumners, 2002). Moreover, this<br />
also stipulated the predominant characteristics, which should be incorporated into every<br />
police force policies.<br />
� The overriding aim is to protect victims and any children from further abuse<br />
� The need to treat domestic violence at least as seriously as other forms <strong>of</strong> violence<br />
� The use and value <strong>of</strong> powers <strong>of</strong> arrest<br />
� The dangers <strong>of</strong> conciliation between victims and <strong>of</strong>fender<br />
� The need to establish recording and monitoring systems<br />
(Hester, 2007, p.110)<br />
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As this table suggests, the Circular has prompted police constables <strong>of</strong> the foremost obligation,<br />
which is to safeguard victims and any children involved, and then, to consider appropriate<br />
action against an <strong>of</strong>fender (Miller, 2005). Thus, immediate fortification could incorporate<br />
referring victims to a refuge and mediating with statutory and non-statutory organisations, for<br />
long-term provision (Cleaver, 2007). Furthermore, Chief Police Constables are urged to liaise<br />
on the application <strong>of</strong> these strategies with an assortment <strong>of</strong> agencies, like the Crown<br />
Prosecution Service, in order to guarantee a consistency in prosecuting domestic violence<br />
(Ashworth, 2010).<br />
More recently, in 2004, the National Modular Training Pack was introduced by the<br />
Association <strong>of</strong> Chief Police Officers, which outlines the expectancies <strong>of</strong> all police constables<br />
when arriving at a domestic violence scene (Home Affairs Committee, 2007). These are; to<br />
separate parties and establish whom the <strong>of</strong>fender and victim are, ensure victims and children<br />
are safe by assessing their situation and giving medical assistance, make detailed notes on the<br />
whole event and gather evidence, and then report the findings back to the Investigating<br />
Officer, for the possibility <strong>of</strong> prosecution (Newburn, 2008).<br />
In accordance to these proponents <strong>of</strong> contemporary pro-arrest policies, academics like<br />
Newburn (2007) have argued there to be several positive features. One <strong>of</strong> which is that, the<br />
obligation to arrest when there is conformation that violence has occurred, clarifies the<br />
responsibility <strong>of</strong> the police and guarantees all victims <strong>of</strong> domestic violence suitable<br />
safeguards and, simultaneously prevents police biases and preconceptions (Siegel, 2009).<br />
Therefore, Dempsey and Forst (2010) positively state this in essence symbolises a more<br />
enhanced criminal justice response than decades <strong>of</strong> non-intervention.<br />
Although, these findings are embraced by victim scholars (Walklate, 2007), they have also<br />
been forcefully disapproved by unmoving critics (Siegel, 2010). Thus, Walker (2009)<br />
advocates these pro-arrest policies to be a „lesser preventative measure‟ than other<br />
interventions, because it <strong>of</strong>ten intensifies the incidences <strong>of</strong> future <strong>of</strong>fending. Furthermore,<br />
Flood (2007) adds to this, by highlighting it to also eradicate police discretion, which is<br />
consequential because it can increase „dual arrests‟, whereby police constables arrest<br />
„anyone‟ to ascertain a conviction.<br />
In summary, the requirements for good policing practise on domestic violence, is evidently<br />
still an on-going debate, with various advantages and disadvantages coming to the forefront<br />
<strong>of</strong> many policy making decisions, which is perceived more problematic when, congruently<br />
with the very first observation <strong>of</strong> this literature review, that domestic violence is not a legally<br />
defined <strong>of</strong>fence.<br />
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Chapter 4: Discussion<br />
<strong>Internet</strong> <strong>Journal</strong> <strong>of</strong> <strong>Criminology</strong> © 2011<br />
ISSN 2045-6743 (Online)<br />
The literature review concluded that the methodology implemented to perform the review,<br />
was satisfactory to guarantee a comprehensive investigation. Thus, the foremost concepts that<br />
were highlighted in the introduction were commented upon, and linked straightforwardly to<br />
domestic violence. This section <strong>of</strong> the review, will deliberate precisely how the outcomes<br />
from the review <strong>of</strong> the literature, met the original objectives <strong>of</strong> the investigation.<br />
The initial aim was to, critically examine the past and present police response to domestic<br />
violence. It achieved this, by debating the difficulty in acknowledging and treating domestic<br />
violence as a „crime‟, and the responses <strong>of</strong> the police. It then, studied the historic narrative <strong>of</strong><br />
social acceptance, and discussed pre and post 1970s feminist influenced policies, right up-to<br />
the current „pro-arrest‟ strategy.<br />
Therefore, the components <strong>of</strong> localism in police liability structures, has led to every police<br />
constabulary (43 in total), in England and Wales, adopting Home Office assessments on<br />
policing domestic violence. Research conducted by Elmsley (1996) discovered that, <strong>of</strong> these<br />
43 constabularies 22 had established DVU‟s, whilst only 4 had developed domestic violence<br />
policies. However, what remains worrying is that, police constables were individually<br />
questioned and 34% <strong>of</strong> whom revealed not recognising any new strategy and 50% did not<br />
receive any new recommendations. So therefore, irrespective <strong>of</strong> particular enhancements<br />
from an encouraging change in police policy, there remains dissimilarity in the application <strong>of</strong><br />
new strategies throughout the country, which predestined that even by the latter 1990s, police<br />
response to domestic violence was still a „postcode lottery‟. Nevertheless, contemporary<br />
investigations are now demonstrating that domestic violence victims are feeling increasing<br />
levels <strong>of</strong> gratification (Evans, 2009).<br />
Accordingly, many have recently observed that rehabilitation methods, like restorative<br />
justice, needs to be utilised more, because it is more consistent with the needs <strong>of</strong> victims,<br />
whom want to „stop‟ violence rather than „punish‟ it (Brooks, 2010). However, feminists still<br />
argue it to legitimise male violence and eliminate victim choice (McCue, 2008).<br />
Therefore, the Criminal Justice System needs to increase its understanding <strong>of</strong> domestic<br />
violence, outside the traditional „male <strong>of</strong>fender and female victim‟ representation, and to<br />
deliver sufficient fortification for „every‟ victim, irrespective <strong>of</strong> gender. Thus, this<br />
campaigning <strong>of</strong> a gender unbiased approach remains ever present, and moreover, additional<br />
investigations <strong>of</strong> „why‟ the overwhelming majority <strong>of</strong> males are not involved in intimate<br />
partner violence, is vastly essential in comprehending, what function gender really performs<br />
in domestic violence. Notwithstanding, while a proportioned application <strong>of</strong> an arrest strategy,<br />
meets the fairness principal in contemporary civilisations, its purpose to safeguard females as<br />
victims is effortlessly misused against them.<br />
In summary, the subject <strong>of</strong> police response to domestic violence incidents is meaningful<br />
because, the police might be responding to a victim‟s first endeavour at seeking help. Thus,<br />
the method the police respond to such occurrences is one that ought to be taken sincerely and<br />
sensitively, and therefore, the response may enable admission to pr<strong>of</strong>essional domestic<br />
violence provision amenities. But on the contrary, an inadequate response might discourage<br />
victims from pursuing forthcoming assistance and leave the victim defenceless, and at danger<br />
<strong>of</strong> additional violence.<br />
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Chapter 5: Conclusion<br />
<strong>Internet</strong> <strong>Journal</strong> <strong>of</strong> <strong>Criminology</strong> © 2011<br />
ISSN 2045-6743 (Online)<br />
This literature review has attempted to address the extensive and somewhat sensitive subject<br />
<strong>of</strong> domestic violence, which by its inherent character and concealed incidence, frequently<br />
generates incomplete and uncertain statistics. Notwithstanding, this is further made<br />
multifaceted by the deficiency in statutory policy requesting for statistical returns on<br />
domestic violence, from the police.<br />
Throughout the investigation period for the review, a considerable quantity <strong>of</strong> time was spent,<br />
in various libraries, in particular the Boston Spar British Library, where there was an<br />
abundance <strong>of</strong> research resources, such as, textbooks and journal articles written by wellrecognised<br />
academics. Therefore, this allowed the methods implemented and outlined in the<br />
methodology section, to prove accurate in delivering an assortment <strong>of</strong> evidence from various<br />
sources, allowing for a critical examination <strong>of</strong> the nominated subject and subsequently<br />
guaranteeing strength <strong>of</strong> information in the area <strong>of</strong> investigation.<br />
The main findings <strong>of</strong> the review, therefore, seem to indicate that only time and high quality<br />
research will categorically determine whether the Criminal Justice System, can decrease the<br />
incidences <strong>of</strong> domestic violence. Therefore, neither <strong>of</strong> the endeavours explained within the<br />
review will work effectively independently, and thus, in numerous instances, it is solely when<br />
information from an assortment <strong>of</strong> sources is combined, that danger to individuals can be<br />
distinguished and accurately measured. Furthermore, the coherent distribution <strong>of</strong> information<br />
about individuals involved in domestic violence, allows organisations to recognise, evaluate,<br />
control, and decrease the „risk‟, that is unavoidably related to such circumstances.<br />
Notwithstanding, the most unsurpassed research advocates that, this multi-agency practise <strong>of</strong><br />
all voluntary and non-voluntary organisations in the Criminal Justice System, is fundamental<br />
in addressing domestic violence. And, although intimate partner violence decreased in the<br />
latter 1990s, so too did domestic violence. Consequently, before accrediting improvement<br />
exclusively to retributive criminal interventions, it must be considered with an element <strong>of</strong><br />
caution. Nonetheless, various scholars, governmental <strong>of</strong>ficials and members <strong>of</strong> the public,<br />
continue to be positive that considering domestic violence as a „public crime‟ not a „private<br />
matter‟, will construct for a healthier and somewhat safer community.<br />
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