The Nature of Domestic Violence Cases
Domestic violence crimes are difficult to prosecute due to the dynamics of the relationship between the victim and the perpetrator. By definition, the victim and offender are living together and this can make it difficult for victims to report and testify in domestic violence cases. Often times, victims are forced to relocate to avoid further violence, but this also makes victims more difficult contact as witnesses in criminal cases.
Moreover, the existing relationship can provide disincentives for victims to testify even when they are easily contacted. If a victim speaks out against an offender, the victim could lose an added source of income, help raising children, or a companion they genuinely love. In short, many factors combine to make domestic violence cases difficult, complex, and fragile. DV cases thus become understandably difficult to prosecute.
Change with Dramatic Results
Before DA Lohra Miller took office, domestic violence cases were spread throughout the District Attorney’s Office. Attorney’s had to deal with high caseloads comprised of a wide-variety of cases. Often times, DV cases that require a special focus and expertise would get lost amid a sea of other cases with more available witnesses and evidence. The result was a 70 percent dismissal rate in domestic violence cases.
When DA Miller took office in 2007, she set about changing the situation. After working to lay the foundation and find the right people, DA Miller officially formed the first prosecution team dedicated to the prosecution of domestic violence within the Salt Lake County District Attorney’s Office in July of 2007.
Since its inception, the DV Team has grown to include 7 attorneys, a specialized investigator, a specialized victim advocate, and excellent support staff (made possible through additional funding and grants), and has managed to reduce dismissal rates to 10 percent in the quarter ending in September of 2008. For that success, DDA Michaela Andruzzi (the DV Team leader) was awarded the 2008 Peace on Earth Justice Award by the Salt Lake Area Domestic Violence Coalition. DA Miller’s vision is starting to take shape, and for the first time, the DA’s Office is making real progress in effectively holding perpetrators of domestic violence accountable for their actions.
How They Do It
The team’s singular focus is to protect DV victims through improving conviction rates against DV offenders. Because domestic violence is often times a crime of escalation, the DV Team set out to intervene early with the hope that getting offenders early counseling will help prevent some of the more serious crimes that can be associated with domestic violence.
DV prosecutors have managed to dramatically improve their success with domestic violence by being more proactive in working with victims. DV prosecutors make contact with the victim early in the process and consult victims to ensure that their voices are heard. This opens a direct line of communication between victim and prosecutor which keeps victims informed as the criminal case proceeds. This also allows prosecutors to address the individual needs of each defendant. Because of the improved communication, prosecutors are better able to recommend anger management or substance abuse treatment for defendants with those needs. This ultimately helps improve the domestic situation of couples who, often times, try to make their relationship work even after episodes of domestic violence.
In addition to working with victims, DV prosecutors meet regularly with and train law enforcement officers responsible for responding to DV calls and investigating domestic offenses. DV prosecutors also make themselves available 24/7 to aid with investigatory matters.
