12.3: DOMESTIC VIOLENCE INVESTIGATION

According to Gehl and Plecas (2017), domestic violence and stalking are modern crimes that respond to societal problems that have escalated in recent years. Domestic violence statutes are drafted to address issues that are prevalent in crimes between family members or individuals living in the same household. Stalking generally punishes conduct that is a precursor to assault, battery, or other crimes against the person.

Domestic violence statutes generally focus on criminal conduct that occurs between family members. Although family cruelty or interfamily criminal behavior is not a new phenomenon, enforcement of criminal statutes against family members can be challenging because of dependence, fear, and other issues that are particular to the family unit. In addition, historical evidence indicates that law enforcement can be reluctant to get involved in family disputes and often fails to adequately protect victims who are trapped in the same residence as the defendant. Specific enforcement measures that are crafted to apply to defendants and victims who are family members are an innovative statutory approach that many jurisdictions are beginning to adopt. In general, domestic violence statutes target crimes against the person, for example, assault, battery, sex offenses, kidnapping, and criminal homicide.

The purpose of many domestic violence statutes is equal enforcement and treatment of crimes between family members and maximum protection for the domestic violence victim (RCW § 10.99.010, 2011). Domestic violence statutes focus on individuals related by blood or marriage, individuals who share a child, ex-spouses and ex-lovers, and individuals who reside together (Ariz. Rev. Stat. § 13-3601(A), 2011). 

Various approaches have been made to criminalize stalking, and a plethora of descriptors now identify the stalking criminal act. In the majority of jurisdictions, the criminal act element required for stalking includes any course of conduct that credibly threatens the victim’s safety, including following (Tex. Penal Code § 42.072, 2011), harassing (Cal. Penal Code § 646.9, 2011), approaching (Md. Code Ann. § 3-802, 2011), pursuing, or making an express or implied threat to injure the victim, the victim’s family member (Ala. Code § 13A-6-90, 2011), or the victim’s property (Tex. Penal Code § 42.072(a), 2011). In general, credible threat means the defendant has the apparent ability to effectuate the harm threatened (S. D. Codified Laws § 22-19A-6, 2011). The stalking criminal act is unique among criminal acts in that it must occur on more than one occasion or repeatedly (Colo. Rev. Stat. Ann. § 18-3-602, 2011). The popularity of social networking sites and the frequency with which defendants use the Internet to stalk their victims inspired many states to specifically criminalize cyberstalking, which is the use of the Internet or e-mail to commit the criminal act of stalking (Alaska Stat. § 11.41.270, 2011).

The criminal intent element required for stalking also varies, depending on the jurisdiction. In most states, the defendant must commit the criminal act willfully or maliciously (Cal. Penal Code § 646.9, 2011). This indicates a specific intent or purposeful conduct. However, in states that require the victim to experience harm, a different criminal intent could support the harm offense element. States that include bad results or harm in their stalking statutes require either specific intent or purposely, general intent or knowingly, reckless intent, negligent intent, or strict liability (no intent) to cause the harm, depending on the state (Ncvc.org, 2011).

STAIR Tool for Investigation 

We will now work through a domestic violence investigation using the steps of the STAIR tool (Situation, Tasks, Analysis, Investigation, Results) to demonstrate the required investigative awareness required to transition from the tactical investigative response to the strategic investigative response. Once in the strategic response mode we will practice applying theory development to conduct our analysis of the evidence and information found and we will create investigative plans.

Scenario

You are working as a uniform patrol officer in a one-person marked police unit. It is 9 PM on Saturday evening, and you receive a radio call from dispatch assigning you to attend a domestic dispute complaint in a residential neighborhood. Dispatch advises you that the call has been received from a neighbor to the home where the domestic dispute is taking place.

The caller, Bill Murphy, reports to dispatch that he heard a woman screaming and, when he went outside, he saw his neighbor, Randy Smith and Randy’s wife, Jane, standing on their front lawn yelling at each other. He then saw Randy strike Jane in the face with his fist, and drag her by the hair back into the house. He can still hear them yelling, and he heard some crashing noises coming from their house. He does not know if there is alcohol involved, although he does know that Randy often drinks heavily. No weapons were seen, and the neighbor does not know if Smith owns any firearms. The Smiths have two young sons, eight years and four years of age. The neighbor did not see the two boys. 

Situation

In this Situation phase of our STAIR tool, you have been provided with a limited amount of information. You start by breaking down the information into components:

• A witness, Bill Murphy, has identified his neighbor as having assaulted a woman, identified as the suspect’s wife, Jane
• Suspect identified is Randy Smith
• Victim identified as Jane Smith
• Randy Smith may be a heavy drinker, and alcohol may be a factor
• This is an active event and it may still be in progress as noise from the house continues
• The OFFENSE recognition would define this as an assault and possibly forcible confinement
• Persons who may have their safety in danger are Jane Smith and her two young sons
• The incident is reported as being currently confined to inside the house; however, the incident was, at one point, on the front lawn of their home

Keep in mind that to investigate this incident and to act in the execution of your duties, each piece of the foregoing information may be considered and acted upon as the truth, until it has been verified. Each piece of information here can contribute to the forming of reasonable grounds to enter onto private property or to make an arrest. Each piece of information you have can assist in forming beliefs regarding the safety of persons.

Remember that we begin with our end in mind considering our Results. At this stage of the investigation, there appears to be an immediate threat to the safety of Jane Smith. Domestic disputes are always emotionally charged situations, and it is reasonable for attending police officers to consider that their own personal safety will also be at risk. This is definitely a Level 1 Results priority.

Tasks

As you proceed to attend to the area of the call, you embark upon the Tasks portion of the STAIR tool.

Task 1: Responding in the Correct Mode

In this case, the report identifies an active event where the suspect is still at the scene and criminal activity may still be in progress. You will be responding in Tactical Investigative Response mode.

Task 2: Identifying the Players in the Event

• Randy Smith
• Jane Smith
• Two sons – ages 8 years and 4 years old
• Witness Bill Murphy

Task 3: Breaking out the Facts of the Event

In this case, possible criminal actions witnessed by the neighbor indicate that an assault has taken place. The wife was struck in the face and dragged into the house. There may be a forcible confinement taking place. Your OFFENSE recognition, in this case, is focused on two possible OFFENSEs: assault and forcible confinement. You recognize that each of these OFFENSE types is an indictable OFFENSE for which an arrest can be made if you form reasonable grounds to believe the OFFENSE(s) have been committed by Randy Smith.

Task 4: Gathering All Additional Information That Might be Available

Faced with these circumstances, additional information would assist in making a risk/threat assessment. You proceed to the CPIC and PRIME – RMS databases to determine:

• Criminal record information on both Randy and Jane Smith
• History of previous calls to this residence

From CPIC, you determine that Randy Smith, of this address, has a record for Impaired Driving. There is no criminal record for Jane Smith. Police Records Information Management Environment (RMS) shows a previous complaint of a domestic dispute at this same residence 11 month ago. At that time, Randy Smith was arrested but not charged with assault. Jane Smith, the complainant in that case, would not proceed with charges, and there were no independent witnesses to the assault.

Analysis

For a police officer attending the scene of an in-progress event, it is important to consider the issues of safety and ongoing threats to safety to know how best to approach the scene and what immediate actions can be taken. As is the case with many in-progress events, there is a concern for the safety of all persons. In this case, the wife, Jane Smith, has reportedly been assaulted and dragged back into the premises. There are possibly two young sons also at the premises. Whenever there is a concern for the safety of persons, exigent circumstances exist and a police officer has extensive powers for the entry onto private property, if necessary, to detain any persons present to secure the scene and stop the continuation of an OFFENSE.

Investigation

Considering the explicit threat to the safety of Jane Smith, and a possible implied threat to the safety of the two sons, the issue of the safety of persons here is clear. Since this is a domestic violence complaint, there is also an implied danger to all police officers attending that must also be considered. In this case, you call for a backup patrol unit to attend. Your tactical investigative response plan is to approach the premises using concealment and cover as you and your backup unit assess what you can hear and see as you approach the scene.

You decide that if you do not hear or see any ongoing immediate threat, you will approach by knocking on the front door and making contact. If you do see or hear evidence to indicate there is an ongoing threat to the safety of a person (e.g. ongoing assault), you know you can enter the premises without a warrant under exigent circumstances to protect the safety of persons. You know you have an eyewitness to the OFFENSE of assault, and, with this piece of witness evidence alone, you have formed reasonable grounds to believe the OFFENSE of assault has taken place. The added information of possible alcohol involvement and past record of domestic assault complaints can be considered in the evaluation of the threat level to engage the extended authorities of exigent circumstances.

As you walk towards the house, the neighbor/witness, Bill Murphy, approaches you and states that Randy Smith just left the premises alone in his blue Dodge truck. You can see a woman and two young boys looking out the front window of the premises.

Results

Your event classification now must change to an inactive event, and you transition to a strategic investigative response mode.

1. Gather and preserve evidence:
   1. Interview witness Bill Murphy
   2. Interview the victim Jane Smith
   3. Take photographs of any injuries to the victim
   4. Determine if there are other witnesses available
   5. Determine if other physical evidence, weapons, and/or liquor bottles are present
2. Accurately document the event
   1. Take the statement of witness Bill Murphy
   2. Take statement of the victim, Jane Smith
   3. Make personal notes
   4. Complete an occurrence report
3. Establish reasonable grounds to identify and arrest an offender
   1. Verify that an OFFENSE has occurred
   2. Verify the type of OFFENSEs (e.g. assault, or assault causing bodily harm, and/or forcible confinement, and possibly impaired driving)
   3. Verify the identity of Randy Smith as the person responsible for identified OFFENSEs
   4. If an OFFENSE and an identity of the suspect are verified, broadcast a “Be on Lookout” (BOL) to arrest Randy Smith for assault

In this case, the offender was easily identifiable. This is true of many in progress occurrences that police attend. These types of cases are often handled in the progression described above, starting off as a tactical investigative response and transitioning to a strategic investigative response mode (Gehl and Plecas, 2017).