MISSION STATEMENT
To This we are Committed
Author: Richard L. Davis, © 2000
Domestic violence is covertly
committed by the perpetrator and often assiduously concealed by both perpetrator
and victim. By its very nature and necessity, domestic violence is a private,
secret, and often hidden enigma. Although it is most often hidden from public
view, violence in our homes is a problem that we all should be universally
conscious of and concerned about. The predominant purpose of this column
is to inject a rational and reasoned law enforcement perspective into the
clamorous debate that divides so many of us concerning this issue. In March
of 2000 two professors from State University New York (SUNY) College at
Fredonia made a presentation in New Orleans concerning the perception of
domestic violence and police officers. It was the most refreshing presentation
I have read to date. Long story short is that the police do care about domestic
violence. They write that it is often a source of personal satisfaction
when an officers makes an arrest of a abuser and is part of a change for
the better for the victim and the victims children. They have concluded
that most experts do not really understand just what the police think of
or want to do about domestic violence. This forum is meant to provide an
opportunity for police officers to suggest change for the better. We all
know that change is needed.
These pages will be specifically designed to provide an interactive forum
for law enforcement professionals to bridge the information gap between
those of us in the criminal justice field, other professionals, and the
community we serve. If you have information that others have, place it here.
However, if all you have is criticism without remedy, please keep it to
yourself. The easiest thing in the world to do is to tell others what they
are doing wrong while having no answers yourself. Many of us know what is
wrong, what we want to know is what is right? And there remains not a gap
but a chasm of misinformation between criminal justice agencies.
Wilfredo Cordero, a former player for the Boston Red Sox, now with the Chicago
Cubs, was arrested in 1997 by the Cambridge, Massachusetts police and charged
with hitting his wife with a telephone, choking her, and then threatening
to kill her. After his arrest an assistant court clerk released him on $200
cash bail. The fact is that this type of procedure occurs day after day
across this nation, yet his immediate release was treated by many professionals
in Massachusetts as an aberration.
Here are some other facts and fallacies about this event:
The Boston Globe
wrote that the police may have released Cordero because of his celebrity
status.
The fact is that
the police did not have the authority to hold Cordero and it was not
the police who released him. The fact is that he was released by a
court clerk following the same policy and procedure that has released
thousands of people across the Commonwealth and this nation under
these same circumstances.
The judge involved
who issued an emergency restraining order, told the Globe that the police
assured him they would hold Cordero overnight.
The fact is that
if the police did tell the judge that they, the police, would hold
Cordero the judge should have known that the police have no authority
to do so.
The judge told the
Globe that he wanted Cordero held for a cooling-off period.
The fact is that
the judge should have known there is no law that allows for such a
cooling-off period.
The district attorney
involved stated that, "it is very rare for a person accused of domestic
violence to be immediately released."
The fact is that
this type of incident is not rare [Cordero's release] and it can and
does occur regularly in the district attorneys' county and every other
county in Massachusetts every night of the year.
A Boston attorney,
an expert on domestic violence, stated that "accused batterers are customarily
jailed overnight."
The fact is that
the only perpetrators of domestic violence who are legally held overnight
or on weekends are those at the bottom of the socioeconomic ladder
and who can not afford bail or those who are not legally provided
a bail review.
Dan Duquette, the
Boston Red Sox general manager, stated, "he believed that this incident
was a private family issue."
The fact is that
it for many years now it is a crime to beat your wife, any other family
member or intimate partner.
Many baseball players
stated that they did not think Cordero "was that kind of person."
The fact is that
Cordero himself did not think he was that kind of person and in an
ESPN television interview insisted that he was not the kind of person
who would hurt his wife and that he did not need counseling.
On November 4, 1997
Cordero pleaded guilty and was given a suspended sentence of ninety
days and sentenced to complete a forty-week state approved domestic
violence course for batterers. The assistant district attorney assigned
to the case said she was pleased with the sentence.
Not a single day
in jail, no fine for someone who made $3.5 million, and a sentence
to attend a batterers program where there is very little empirical
evidence that the program is effective. In fact many advocates who
manage programs for batterers acknowledge that the batterers often
will simply return to their prior behavior.
This sorrowful incident
demonstrates that only limited verifiable progress, other than the arrest
process by police departments, has been accomplished. Little to no thought
seems to have been given by our public policymakers to the logistical problems
many of these legislative changes have created. And given my own premise,
yes I do have suggestion for change for the better and will address those
changes in the months to come.
This interaction on these pages is intended to enable each of us in the
criminal justice system to make more informed choices and to communicate
more effectively with each other. We believe that the members of the criminal
justice system are our most important resource, and we value each individual
as a unique and contributing member. The voices of police officers in particular
need to be heard. We need your input on these pages to help develop and
facilitate responses that are innovative and that have potential for eliminating
or reducing the numbers of victims and abusers. This will require on-going
commitment to developing long-term and pro-active strategies and programs
to address the underlying conditions that cause domestic violence.
Discussion Question:
Do you believe that the criminal justice system can prevent domestic violence?
If not why not and if so how so?
Copyright 2000 by Richard
L. Davis
Richard L. Davis is a site host of The Cop and The Survivor, and the author
of Domestic
Violence: Facts and Fallacies by Praeger publishers and has written
numerous articles for newspapers, journals, and magazines concerning the
issue of domestic violence.
Richard may be reached at: [email protected]
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