RISK ASSESSMENT AFTER ARREST

AGENCIES BEGIN USING RISK ASSESSMENT TOOLS

In the 1980’s police began to take an aggressive response to DV – arrest was mandatory whenever sign of physical violence was present.  This resulted from a significant uptick in domestic violence homicide in the 1970’s. DV policy evolved from greater knowledge of domestic patterns of abuse and their impact on dysfunctional intimate relationships. Police are the “first responders” for domestic assaults and intimate partner conflict.  An assessment of risk should be considered in every case of domestic abuse whether or not an arrest is made.  Several tools are used to assess risk of violence that may be easily incorporated into the on-scene investigation or post-arrest interview in a structured interview format.  Aftermath intervention is important when police keep the peace and do not make an arrest – 1-3 days down the road for follow-up and referral.  There may come a time when the containment of the abuser requires extra attention to pre-incident detail to stop and disrupt the growing risk for terminal rage.

It is well known that in worst cases the insidious mistreatment turns into physical abuse, sexual aggression, pathological jealousy, and DV homicide.  Once the police make an arrest for DV an assessment of risk must be initiated.  How can bail be realistically set if the assessment is not made before the abuser is released?  It can not.  Risk assessment must drive conditions of bail.  High risk should mean high bail - or no bail.  Other conditions such as house arrest and GPS monitoring are being considered across the country.

BAIL CONDITIONS

States and counties have the unenviable task of gambling on recidivism.  Bail assures that the arrested party will show up for court either then next day or some time down the line.  It does very little else in the context of the judicial system and protecting the safety of victims.  The vast majority of people released from arrest are let out on their own recognizance - they are not required to post bail.  This simply means that the "system" trusts that they will appear for court at the appointed time.  If they decide not to go there is no financial loss to them whatsoever.  However, as a result they wind up behind bars on a bench warrant for missing their court date.  In cases of DV some jurisdictions allow men out on very low bail.  When victims of abuse have lived in fear they deserve to have an abuser post bail that is commensurate with the behavior for which they were arrested.