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Article
Publication date: 29 May 2009

Durant Frantzen and Claudia San Miguel

The purpose of this paper is to explore lawsuits involving police response to domestic violence incidents. Focusing on the specific legal remedy of due process under…

Abstract

Purpose

The purpose of this paper is to explore lawsuits involving police response to domestic violence incidents. Focusing on the specific legal remedy of due process under Section 1983, the paper seeks to examine federal case law dealing with police response to domestic violence victims. The paper also aims to discuss differences in procedural and substantive due process violations, highlighting circumstances under which the police may be held liable for improper response to domestic violence incidents.

Design/methodology/approach

This paper qualitatively examines relevant Section 1983 federal court decisions (n=27 as of May, 2008) identified through a query of Lexis Nexis for the last ten years (before and after Castle Rock) dealing with lawsuits arising from domestic abuse investigations.

Findings

The preponderance of cases have resulted in dismissals of summary judgments filed against police officers and agencies for allegations that the police violated plaintiffs' due process rights. The recent Supreme Court decision in Town of Castle Rock v. Gonzales has prevented plaintiffs from seeking relief under procedural due process; however, domestic abuse victims have been successful to some extent using substantive due process as a basis for civil action. Plaintiffs have prevailed in federal courts alleging that the police acted with deliberate indifference or conscious disregard for victims' civil rights.

Research limitations/implications

The paper is limited to federal court decisions involving due process violations and does not account for factors resulting in state tort negligence lawsuits filed against the police. Moreover, federal courts will likely continue to use substantive due process as a Section 1983 remedy for domestic violence victims as research and awareness on domestic violence policy evolves.

Practical implications

The paper suggests that police agencies should take note of recent court decisions applicable to their jurisdictions as domestic violence enforcement policy remains fragmented. Agencies should ensure that police dispatcher 911 call classification policies are current and that training guidelines comport with these policies.

Originality/value

Given the prevalence of domestic violence in the USA, police agencies should expect increases in the number of lawsuits filed against the police for violations of substantive due process.

Details

Policing: An International Journal of Police Strategies & Management, vol. 32 no. 2
Type: Research Article
ISSN: 1363-951X

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Article
Publication date: 23 September 2019

Lisa Fedina, Bethany L. Backes, Hyun-Jin Jun, Jordan DeVylder and Richard P. Barth

The purpose of this paper is to understand the relationship among police legitimacy/trust and experiences of intimate partner violence (IPV), including victims’ decisions…

Abstract

Purpose

The purpose of this paper is to understand the relationship among police legitimacy/trust and experiences of intimate partner violence (IPV), including victims’ decisions to report IPV to police and police responses to IPV.

Design/methodology/approach

Data were drawn from the 2017 Survey of Police–Public Encounters II – a cross-sectional, general population survey of adults from New York City and Baltimore (n=1,000). Regression analyses were used to examine associations among police legitimacy/trust, IPV exposure, police reporting of IPV, and perceived police responses to IPV and interaction effects.

Findings

Higher levels of IPV exposure were significantly associated with lower levels of police legitimacy/trust; however, this relationship was stronger among African–American participants than non-African–American participants. Higher levels of police legitimacy/trust were significantly associated with more positive police responses to IPV and this relationship was stronger among heterosexual participants than sexual minority participants.

Research limitations/implications

Future research should examine prospective relationships to understand causal mechanisms linking individual perceptions of police legitimacy/trust, experiences with IPV and victims’ interactions with police.

Practical implications

Low levels of legitimacy/trust between police and citizens may result, in part, if police are engaged in negative or inadequate responses to reports of IPV. Police–social work partnerships can enhance effective police responses to IPV, particularly to racial/ethnic and sexual minority individuals.

Originality/value

This study provides empirical evidence linking police legitimacy/trust to the experiences of IPV and perceived police responses to reports of IPV, including important group differences among victims based on race/ethnicity and sexual orientation.

Details

Policing: An International Journal, vol. 42 no. 5
Type: Research Article
ISSN: 1363-951X

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Book part
Publication date: 17 December 2008

Tyler G. Okimoto and Michael Wenzel

This chapter proposes and provides evidence for a conceptual framework for understanding the restoration of justice. Specifically, there is a fundamental distinction…

Abstract

This chapter proposes and provides evidence for a conceptual framework for understanding the restoration of justice. Specifically, there is a fundamental distinction between two primary symbolic concerns that follow from transgressions: concern over the status/power relations between the involved parties, and over the violation of the values those parties expect to share. Recognizing these concerns is paramount to understanding the psychological needs of injustice victims, how they conceptualize the restoration of justice, and the processes by which various interventions instill feelings of justice. This framework also elucidates when alternative avenues towards justice might be more effective than traditional retributive responses.

Details

Justice
Type: Book
ISBN: 978-1-84855-104-6

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Article
Publication date: 1 September 1999

Peter G. Sinden and B. Joyce Stephens

Whether they are research summaries or state of affairs pieces, existing commentaries are critical of police response to domestic violence calls. Charged with leisurely…

Abstract

Whether they are research summaries or state of affairs pieces, existing commentaries are critical of police response to domestic violence calls. Charged with leisurely response times, being reluctant to make an arrest, devaluing victims, siding with batterers, or subverting new policies, the police are depicted as part of the problem rather than as part of the solution. Interviews with working police officers and their chiefs suggest this view is at odds with police perceptions of domestic violence. This paper describes a police “voice” about domestic violence through an analysis of intensive interview responses by 21 patrol officers and six police chiefs in departments located in a rural county in New York State. The data suggest police definitions of the domestic violence situation are developed from the nexus of separate views they have of “victim”, “perpetrator”, “event”, “self”, and the “law.” These views are described and implications for policy implementation are discussed.

Details

Policing: An International Journal of Police Strategies & Management, vol. 22 no. 3
Type: Research Article
ISSN: 1363-951X

Keywords

Content available
Book part
Publication date: 17 August 2020

Rachel Loney-Howes

Abstract

Details

Online Anti-Rape Activism: Exploring the Politics of the Personal in the Age of Digital Media
Type: Book
ISBN: 978-1-83867-442-7

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Book part
Publication date: 24 September 2015

Giovanna Gianesini and Antonella Brighi

In this study, we aimed at examining the unique and interactive effects of peer violence in cyberspace on adolescents’ emotion regulation and socioemotional adjustment, as…

Abstract

Purpose

In this study, we aimed at examining the unique and interactive effects of peer violence in cyberspace on adolescents’ emotion regulation and socioemotional adjustment, as well as the mediational role of resilience in the link between adolescent’s pathogenic relational experiences and behavioral outcomes. Specifically, we intended to explore emotion differentiation and regulation in reaction to bullying perpetration and victimization and in terms of positive (proud, confident, good) and negative (ashamed, excited, guilty), Passive (sad, embarrassed, humiliated) and Reactive (angry, scared) emotions and how it impacted and predicted positive and negative outcomes.

Methodology/approach

A stratified convenient sample of 494 Italian students aged 13–19 years (M = 15.27, SD = 1.23) was selected to represent all different school types in Italy and the students were administered a self-report questionnaire on school bullying involvement. General Linear Models, ANOVA, and T-tests were employed to explore gender differences, the relationships between variables, and their contribution to the predictive model. A two-step Cluster analysis was used to profile adolescents based on patterns of resilience, health outcomes, and cyberbullying involvement.

Findings

Results showed significant gender differences, with females using internet and Facebook more than males and being more resilient, positive, and prosocial, but also responding to victimization with higher levels of alienation, anger, humiliation, and psychosomatic and emotional symptoms. Males perpetrated peer violence more than females, were less likely to be victimized, and were generally less emotionally impacted by it. Victimization rates (63.7%, n = 296) were higher than perpetration rates (51.7%, n = 233) and bully-victimization was prevalent (47.1%). Victims prevalently experienced passive emotions (sadness, humiliation, embarrassment) while perpetrators experienced negative ones (guilt and shame). Cluster analysis evidenced different pathways and trajectories of resilience and cyberbullying involvement: Resilient victims (RV), Healthy uninvolved (HU), Healthy Bullies (HB), Alienated Bully-Victims (ABV), and Resilient Bully-Victims (RBV). RV, HU, and HB resulted all well-adjusted, despite the different involvement in cyberbullying, and also RBV and despite the double involvement in cyberbullying, ABV were the only maladjusted and at-risk group in our sample characterized by very low Positivity, very low Resilience, and extremely high Alienation.

Research implications

This study proposes a comprehensive, developmental, ecological, relational, and self-regulatory resilience approach to cyberbullying, which represents an innovative and advanced contribution to the literature with significant implication for research and practice. Fully understanding and measuring the emotional impact of cyber peer violence and resilience following cyberbullying victimization and perpetration can help in developing targeted interventions for both victims and bullies. This study highlighted the need for a self-regulatory model of resilience for modulating emotions, arousal, and behaviors across contexts, relationships, and difficulties. It also evidenced that moderate levels of resilience and positivity are sufficient to buffer youth from involvement in cyberbullying and to predict healthy adjustment and less pathological outcomes.

Originality/value

By profiling adolescents based on resilience levels, health outcomes, and cyberbullying involvement, we evidenced five distinct trajectories of risk evaluation for cyberbullying beyond participating roles. Our results confirmed the fundamental importance of assessing resilience and emotion regulatory resources together with peer violence involvement in identifying and targeting adolescents at risk.

Details

Technology and Youth: Growing Up in a Digital World
Type: Book
ISBN: 978-1-78560-265-8

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Article
Publication date: 1 September 1997

Margaret E. Martin

Police policy regarding domestic violence has been severely altered over the last decade. The social control approach of pro‐arrest policies has coincided with a service…

Abstract

Police policy regarding domestic violence has been severely altered over the last decade. The social control approach of pro‐arrest policies has coincided with a service approach promoted by community policing philosophy. But community policing practice has largely ignored the role of victim satisfaction. The evaluation of domestic violence victims must be considered in determining police accountability, because of both the likelihood that victims will seek police service more than once, and because they are intimately knowledgeable about the effect of police practice on offender behavior. Presents an exploratory study of victim satisfaction as an illustration of the situations, expectations and behaviors which shape the victim’s experience with the police. Finds that police helping behaviors were the best predictors of satisfaction, but helping behaviors were differentially distributed by victim characteristics. Suggests that police can actively improve community satisfaction in domestic violence cases by fully implementing policy and training directives which require them to provide information and concrete assistance equitably.

Details

Policing: An International Journal of Police Strategies & Management, vol. 20 no. 3
Type: Research Article
ISSN: 1363-951X

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Article
Publication date: 18 February 2020

Ayesha Irum, Koustab Ghosh and Agrata Pandey

Contemporary organizations report a sharp increase in the incidences of workplace incivility. The purpose of this paper is to capture the impact of workplace incivility on…

Abstract

Purpose

Contemporary organizations report a sharp increase in the incidences of workplace incivility. The purpose of this paper is to capture the impact of workplace incivility on the victimized employee's knowledge-hiding behaviours. The paper proposes that the victim will hide knowledge by playing dumb, evasive hiding and rationalized hiding behaviour.

Design/methodology/approach

The paper first focusses on a review of literature on workplace incivility and summarizes the findings through a conceptual review model. Subsequently, the paper puts forth a conceptual model depicting the relationship of incivility with knowledge hiding.

Findings

Drawing from the affective events theory, the paper demonstrates that incivility will arouse negative emotions in the victim, enticing the individual to respond by engaging in knowledge hiding. It establishes knowledge hiding to be more than just a consequence of reciprocal exchange relationships. The authors also propose this positive relationship to vary with gender.

Originality/value

The paper draws attention towards the counterproductive knowledge behaviours that can be stirred as a result of negative emotional experiences. It explores the employee’s response to an active form of workplace mistreatment, workplace incivility. It advocates the need to check uncivil and disrespectful behaviours in the organization so as to build a healthy work environment.

Details

Benchmarking: An International Journal, vol. 27 no. 3
Type: Research Article
ISSN: 1463-5771

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Book part
Publication date: 26 June 2007

Cathryn Johnson, Karen A. Hegtvedt, Leslie M. Brody and Krysia Wrobel Waldron

Although cultural beliefs about gender differences in emotional experience and expression are pervasive, empirical evidence does not always bear out those beliefs. This…

Abstract

Although cultural beliefs about gender differences in emotional experience and expression are pervasive, empirical evidence does not always bear out those beliefs. This disjuncture has led scholars to argue for the examination of specific emotions in specific contexts in order to understand more clearly the conditions under which gender differences emerge. Heeding this call, we focus on the justice context, reviewing and investigating men's and women's feelings about and emotional displays regarding distributive justice. Using a vignette study, we specifically examine how gender and the contextual factors of procedural justice, legitimacy of the decision-maker, and gender of the decision-maker affect emotional responses of injustice victims. We argue that a focus on the gender combination of actors in a situation moves the study of gender and emotions beyond the assumption that gender-specific cultural beliefs dictate individual's feelings across situations. Our findings show few gender differences in the experience and expression of anger, resentment, and satisfaction. Rather, contextual factors, including the gender of the decision-maker, had stronger effects on emotional responses than gender of the victim. In our justice situation, then, context matters more than gender in understanding emotional responses.

Details

Social Psychology of Gender
Type: Book
ISBN: 978-0-7623-1430-0

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Article
Publication date: 29 April 2021

Alondra D. Garza, Amanda Goodson and Cortney A. Franklin

The current study examined police response, specifically identification and arrest decisions, to nonfatal strangulation occurring within the context of intimate partner violence.

Abstract

Purpose

The current study examined police response, specifically identification and arrest decisions, to nonfatal strangulation occurring within the context of intimate partner violence.

Design/methodology/approach

Data for the present study were derived from a sample of 117 possible nonfatal strangulation case reported to a police agency located in one of the fifth largest and most diverse US cities. A series of logistic regression models were employed to examine the role of victim, suspect and case characteristics on officer formal identification of strangulation and officer arrest decisions.

Findings

Results revealed that 14% of all intimate partner violence (IPV) cases reported to the police agency involved possible nonfatal strangulation and less than half of all possible nonfatal strangulation cases were formally identified as such by officers. The odds of formal identification of strangulation by police increased when strangulation was manual and when victims reported difficulty breathing. Injury and formal identification increased the odds of arrest.

Originality/value

This study is the first to examine predictors of police formal identification and arrest decisions in nonfatal strangulation occurring within intimate partner violence incidents.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

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