1 Specialized -v- non-specialized domestic violence courts Development of an integrated grid for data collection Carmen Gill Muriel McQueen Fergusson Centre for family violence research University of New Brunswick, Canada Stopping Domestic Violence: What Works? 28 th to 30 th May 2008, Waterford Institute of Technology

2 Introduction Background Background Canadian observatory on the justice system response to intimate partner violence (IPV) Canadian observatory on the justice system response to intimate partner violence (IPV) Specialized response to IPV in Canada Specialized response to IPV in Canada Working in collaboration Working in collaboration

3 Muriel McQueen Fergusson Centre Connecting academics and stakeholders from different milieus Connecting academics and stakeholders from different milieus Partnership research with community organizations, government representatives & businesses Partnership research with community organizations, government representatives & businesses Action oriented research Action oriented research Justice system response to IPV Justice system response to IPV

4 Critical Observations Years of experience in research on violence have not facilitated a national sharing of local community-applied research. Years of experience in research on violence have not facilitated a national sharing of local community-applied research. Lack of a national conduit between provinces and territories in both official languages. Lack of a national conduit between provinces and territories in both official languages. It is difficult to disseminate research that can benefit the larger society. It is difficult to disseminate research that can benefit the larger society.

5 What is the Canadian observatory? Is a research network emphasizing in-depth research on the justice system response to IPV Is a research network emphasizing in-depth research on the justice system response to IPV Creates standardized data sets on the justice system response to IPV, including specialized responses (police, prosecutions, sentencing) and civil legislation; and Develops regional, national and international forums for dissemination of research results. Develops regional, national and international forums for dissemination of research results. In 2007, the Canadian Observatory received $2.1M funding for this seven year project from the Social Sciences and Humanities Research Council of Canada (SSHRC) Strategic Knowledge Clusters program

6 Who is involved? Academics from 14 Canadian/international universities Academics from 14 Canadian/international universities Research centres Research centres Counselling centres Counselling centres Foundations Foundations Government departments (federal/provincial/ Government departments (federal/provincial/territorial)

7 7 Canadian Observatory

8 Canadian Observatory is needed to continually work to improve the criminal and civil justice responses to the widespread problem of intimate partner violence, and to reduce the consequences for victims and the costs to society; to continually work to improve the criminal and civil justice responses to the widespread problem of intimate partner violence, and to reduce the consequences for victims and the costs to society; to encourage a coordinated effort to reduce and eliminate intimate partner violence and help establish effective justice system responses; and to encourage a coordinated effort to reduce and eliminate intimate partner violence and help establish effective justice system responses; and

9 Observatory is needed to address current issues in the justice system as they apply to intimate partner violence such as: to address current issues in the justice system as they apply to intimate partner violence such as: -timelines of court proceedings; -appropriateness of sentencing; -managing risk and protection of victims; -broadening understanding of critical issues facing victims; and -monitoring and improving the responsiveness of systems to encourage and support offender accountability.

10 Benefits of the Canadian Observatory research can help provide stakeholders with data to support clear and consistent policies; an examination of the justice system response to intimate partner violence from different jurisdictions will provide stakeholders with an enhanced understanding of how diverse justice system responses operate and the critical ingredients of success;

11 Benefits the data collection practices of the Canadian Observatory will provide stakeholders with data on what constitutes effective justice response; creating comparable data sets, and undertaking comparative analysis across jurisdictions, the Canadian Observatory will develop an integrated system of data collection and help stakeholders (courts, government, correction, probation, victim services) improve their own monitoring capabilities.

12 Focussing on the justice system’s response to IPV Criminal law is federal Criminal law is federal Enforcement and implementation are typically provincial (courts) or municipal (policing) responsibilities Enforcement and implementation are typically provincial (courts) or municipal (policing) responsibilities Result: a variety of policies and programs across Canada. Result: a variety of policies and programs across Canada.

13 Overview: Justice response - DV Presumption from police, helping professionals and general public that: Presumption from police, helping professionals and general public that: Abused women could leave a violent relationship if they wanted to, Abused women could leave a violent relationship if they wanted to, and if they stayed, the situation couldn’t be as serious as they claimed. and if they stayed, the situation couldn’t be as serious as they claimed.

14 Treatment of DV cases Early 1980s: movement toward laying criminal charges against men Early 1980s: movement toward laying criminal charges against men Three possible outcomes: Three possible outcomes: Arrest Arrest Advice to the couple or mediation Advice to the couple or mediation Removing the offender from the home for a short period. Removing the offender from the home for a short period.

15 The problem The risk of injury and death to women abused by intimate partners has become the focus of health, mental health and social services systems The risk of injury and death to women abused by intimate partners has become the focus of health, mental health and social services systems Professionals of the justice system (police, crown prosecutors, defence lawyers, judges, etc.) are dealing with large caseloads of DV incidents Professionals of the justice system (police, crown prosecutors, defence lawyers, judges, etc.) are dealing with large caseloads of DV incidents

16 The Problem While the safety of women and children victimized by abusive men partners has been a prime justification for a specialized response, While the safety of women and children victimized by abusive men partners has been a prime justification for a specialized response, Relatively few aspects of the justice system have been evaluated to assess whether victim safety is an outcome. Relatively few aspects of the justice system have been evaluated to assess whether victim safety is an outcome.

17 Mandatory charging policies (1) Intended to improve the way the justice system dealt with DV cases Intended to improve the way the justice system dealt with DV cases To increase the number of charges laid and To increase the number of charges laid and the number of successful prosecutions To encourage women to report these offences to the police To encourage women to report these offences to the police

18 Mandatory charging policies (2) Give police the authority to lay charges against a suspect Give police the authority to lay charges against a suspect Based on the belief that female victims often lack sufficient power in the intimate relationship Based on the belief that female victims often lack sufficient power in the intimate relationship Provide immediate protection from violence Provide immediate protection from violence

19 Specialized justice responses Specialized justice responses to domestic violence have become widespread in the past decade Specialized justice responses to domestic violence have become widespread in the past decade Two basic specialized DV court approaches include: Two basic specialized DV court approaches include: Early intervention for low risk offenders who plead guilty and Early intervention for low risk offenders who plead guilty and Vigorous prosecution for offenders of severe and repeated assaults Vigorous prosecution for offenders of severe and repeated assaults

20 DV specialized courts Understood that an efficient response takes into consideration women’s safety as a top priority in the justice system Understood that an efficient response takes into consideration women’s safety as a top priority in the justice system Fully prosecuting DV cases and adequately ensuring the safety of victims poses unique challenges at many levels of the judicial process Fully prosecuting DV cases and adequately ensuring the safety of victims poses unique challenges at many levels of the judicial process

21 Challenges Need to provide increased protection and counselling for victims and witnesses before, during and after sentencing Need to provide increased protection and counselling for victims and witnesses before, during and after sentencing Frequent occurrence of victim statement recants and victims declining to testify Frequent occurrence of victim statement recants and victims declining to testify Need to gather adequate information at the investigation stage in order to proceed with charges in the absence of witness testimony Need to gather adequate information at the investigation stage in order to proceed with charges in the absence of witness testimony Need to provide sentencing (and sentencing recommendations) that reflect and address the unique nature, and relationship dynamics of DV violence cases. Need to provide sentencing (and sentencing recommendations) that reflect and address the unique nature, and relationship dynamics of DV violence cases.

22 Demonstrated effects of specialization More appropriate sentencing for domestic violence crime More appropriate sentencing for domestic violence crime Increase court mandated specialized treatment for first time offenders Increase court mandated specialized treatment for first time offenders Higher incarceration rates for recurrent offenders Higher incarceration rates for recurrent offenders Recidivism has been shown to decrease under specialized court systems Recidivism has been shown to decrease under specialized court systems

23 Effects of specialization – cont. Specialization has been shown to contribute to a more expedient court process in DV cases in both Winnipeg (Manitoba) and Ontario. Specialization has been shown to contribute to a more expedient court process in DV cases in both Winnipeg (Manitoba) and Ontario. Timely and appropriate court process is seen to increase the safety of the victim, and Timely and appropriate court process is seen to increase the safety of the victim, and Decrease the likelihood of victim statement recants. Decrease the likelihood of victim statement recants.

24 DV specialized courts in Canada Treatment courts, problem-solving courts Treatment courts, problem-solving courts Canadian jurisdictions have implemented specialized courts in major cities including Calgary, Edmonton, Guelph, Moncton, Regina, Saskatoon, Toronto, Whitehorse and Winnipeg. Canadian jurisdictions have implemented specialized courts in major cities including Calgary, Edmonton, Guelph, Moncton, Regina, Saskatoon, Toronto, Whitehorse and Winnipeg.

25 Specialized Domestic Violence Court The goal is to reduce the number of domestic violence cases by working with key community partners to ensure timely access to support services for victims and intervention programs for offenders. The goal is to reduce the number of domestic violence cases by working with key community partners to ensure timely access to support services for victims and intervention programs for offenders.

26 Victim safety Offender recidivism Shorter wait times for court Shorter wait times for court Support for the victim Support for the victim Risk assessments of accused and victim Risk assessments of accused and victim Intervention programs Intervention programs Court monitoring Court monitoring

27 PROJECT ACTIVITIES Pilot study in Canadian cities: Calgary; Fredericton; Guelph; Toronto and Winnipeg. Pilot study in Canadian cities: Calgary; Fredericton; Guelph; Toronto and Winnipeg. Pilot study in cities outside Canada: Canberra and Wagga Wagga in Australia; London in United Kingdom; and New York in the United States Pilot study in cities outside Canada: Canberra and Wagga Wagga in Australia; London in United Kingdom; and New York in the United States

28 PILOT STUDY IN CANADA Dr. Elizabeth BlaneyUniversity of New Brunswick Dr. Carmen GillUniversity of New Brunswick Dr. Myrna DawsonUniversity of Guelph Dr. Leslie TuttyUniversity of Calgary Dr. Jane UrselUniversity of Manitoba The pilot study consist of testing a grid to collect information on domestic violence cases from crown prosecutor’s files in five different cities. The pilot study consist of testing a grid to collect information on domestic violence cases from crown prosecutor’s files in five different cities.

29 PILOT STUDY A list of variables was identified by the team in November A list of variables was identified by the team in November Agreement from provincial governments was obtained. Agreement from provincial governments was obtained. The objective is to collect information on 25 DV case files using a standard grid to examine how we can gather similar and comparable information from different jurisdictions. The objective is to collect information on 25 DV case files using a standard grid to examine how we can gather similar and comparable information from different jurisdictions. Agree on a standard grid to be used across Canada. Agree on a standard grid to be used across Canada. In data collection will be starting in all five Canadian cities mentioned as well as in Whitehorse. In data collection will be starting in all five Canadian cities mentioned as well as in Whitehorse.

30 PILOT STUDY IN OTHER COUNTRIES Ms.Liberty Aldrich Center for Court Innovation Mr. Michael RempelCenter for Court Innovation Ms. Robyn HolderDepartment of Justice & Community Safety Dr. Paul MazzerolleGriffith University Ms. Elizabeth MooreCharles Sturt University Dr. Liz KellyLondon Metropolitain University The pilot study is supported by an International Opportunities Fund granted by SSHRC in The principal investigator received the Harrison McCain Foundation Young Scholar Award at UNB which will allow to travel in different locations to coordinate team work.

31 STANDARD GRID The impact of specialized courts in Canada, Australia, the UK, and the USA The impact of specialized courts in Canada, Australia, the UK, and the USA The effectiveness of specialized domestic violence court processes versus non-specialized court processes The effectiveness of specialized domestic violence court processes versus non-specialized court processes

32 DEVELOPING OTHER INSTRUMENTS A quantitative data collection tool for looking at the victims. This will complement data collection on offenders. A qualitative instrument for collecting comparable information from victims and offenders about their experiences and perceptions of the justice system. A qualitative instrument to capture stakeholders experience in specialized courts.

33 Working in collaboration What is a collaborative response to intimate partner violence? What is a collaborative response to intimate partner violence? Why collaborate with other agencies? Why collaborate with other agencies?

34 Collaborative response to IPV Is a mutually beneficial and well-defined relationship entered into by two or more organizations (entities) to achieve common goals (Wild Rose Foundation, 2001). Is a mutually beneficial and well-defined relationship entered into by two or more organizations (entities) to achieve common goals (Wild Rose Foundation, 2001).

35 Why collaborate with other agencies? Because IPV is a complex issue that needs the involvement of different stakeholders Because IPV is a complex issue that needs the involvement of different stakeholders To achieve consistency among service providers who deal with IPV To achieve consistency among service providers who deal with IPV To protect the direct and indirect victims To protect the direct and indirect victims

36 What it takes to collaborate? Trust between partners Trust between partners Formation Formation Maintenance and Maintenance and Effectiveness of community-university partnerships Effectiveness of community-university partnerships Building trust also represent a process-based outcome Building trust also represent a process-based outcome

37 Concept of trust It integrates microlevel psychological process and group dynamics with macrolevel institutional arrangements (House, Rousseau & Thomas-Hunt, 1995). It integrates microlevel psychological process and group dynamics with macrolevel institutional arrangements (House, Rousseau & Thomas-Hunt, 1995). Willingness to be vulnerable Willingness to be vulnerable

38 Three phases in developing trust Building (where trust is formed) Building (where trust is formed) Stability (where trust already exists) Stability (where trust already exists) Dissolution (where trust decline) Dissolution (where trust decline) Relational trust or personal trust Relational trust or personal trust Institutional trust Institutional trust

39 Thank you!