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A. Disposition of
Cases
Of the 355 total persons charged with intimate domestic violence
crimes, 53 cases were sent to the Washington County Prosecutor’s Office
as felonies or involved juvenile offenders and one felony case was sent
to the Benton County Prosecutor’s Office. Deducting these 54 total
cases, there were 301 cases handled by the City of Springdale. The
following chart sets out the dispositions on the 301 misdemeanor cases
as of the date of this publication, October 18, 2007.
Fifty-three of the 259 convictions involved
cases in which the charge was amended from a domestic crime to a
different criminal charge, such as harassment or disorderly conduct
(most of the 53 cases were amended to disorderly conduct). Most of the
cases amended involved cases in which the initial aggressor could not be
proven and the victim would not cooperate with the prosecution, or could
not be located.
B. Conviction Rate
Deducting the pending cases and the failure to appears, there
have been a total of 279 misdemeanor domestic violence cases
adjudicated, of which 259 defendants were convicted, which equates to a
conviction rate of approximately 93%. Even if you deduct the 53 cases
that were amended to a different criminal charge, the conviction rate
equates to 74%.

C. Comparing the
Conviction Rate
How does the conviction rate in Springdale compare with other
jurisdictions? There are not a great amount of studies on conviction
rates in domestic violence cases available, but two studies on
conviction rates were reviewed and compared to those conviction rates of
the City of Springdale. One study was conducted by the Morrison
Institute for Public Policy of the Arizona State University and included
information on the conviction rates in all counties in Arizona in 2004.
The study showed that the domestic violence conviction rate for all the
counties in Arizona was 46.5% for individuals convicted. The highest
conviction rate on individuals convicted was in Yuma County, Arizona,
with a conviction rate of 71.6%. The lowest conviction rate shown in
the study on individuals convicted was 34.4% in Greenlee County,
Arizona. The largest county, Maricopa County, had a conviction rate of
40.8%. In another study with Richard R. Peterson, Ph.D., as the Project
Director, the New York City Criminal Justice Agency issued a report in
April 2003 entitled, “Combating Domestic Violence in New York City: A
Study of DV Cases in the Criminal Courts.”
In this report, case outcomes in criminal courts were included for the
third quarter of 1998 in three New York City boroughs. This study found
in DV cases the Bronx convicted 53%, Manhattan convicted 28%, and
Brooklyn convicted 17%.
D. Treatment Options
Often times when persons are convicted of intimate domestic
violence, they are sentenced to counseling. A total of 97 defendants in
domestic violence cases handled through Springdale District Court were
ordered to complete counseling. Most at the Domestic Abuse Intervention
Program at Ozark Guidance Center.
E. No Drop Policy
As far as prosecution, intimate domestic violence is
different than any other crime prosecuted. In most intimate domestic
violence cases, the victim remains loyal to the offender and in many
cases the victim tries to get the charges dropped. The Springdale City
Attorney’s Office has a policy that a domestic abuse case will not be
dismissed solely because the victim requests that charges be dismissed.
Each time a victim of domestic abuse requests or demands that the City
Attorney’s Office drop charges against their intimate, we point out to
them that domestic abuse is a crime against the State, and therefore
dropping charges is not up to the victim. We also try to make this
policy clear in Court if the defendant pleads guilty.
The goal of the City Attorney’s Office is to provide adequate
containment of the domestic violence offender by effective prosecution
while assisting and protecting the victim(s) of domestic violence. Our
office encourages the victims to be present at the phase of trial at
which guilt or innocence is determined and every effort is made to allow
the victim to be heard if the defendant pleads guilty. If the victim
becomes uncooperative, we refer the victim to our “no drop policy,”
including an explanation of the reasons for the policy and the goal of
the City Attorney’s Office (to avoid future violence to the victim and
the other family members in the victim’s family).
It is quite common for the victims of intimate domestic violence
to be more upset with our office’s “no drop policy” than are offenders.
Victims are often times under extreme pressure and this has to be taken
into account by prosecutorial authorities. Some of these pressures may
include economic dependence on the offender, emotional ties to the
offender, fear of retaliation, pressure from other family members, etc.
However, if offenders could escape criminal liability in every case the
victim would not cooperate in prosecution, it is estimated that more
than half of our cases would result in the offender escaping criminal
liability.
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