Domestic violence fatality reviews: From a culture of blame to a culture of safety

Juvenile and Family Court Journal

Volumn 50, Issue 2, 1999, Pages 61-74

  Websdale, Neil S ^a   Town, Michael A ^a   Johnson, Byron R ^a  

^a NONE

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[No Author keywords available]

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EID: 0033426075     PISSN: 01617109     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1755-6988.1999.tb00800.x     Document Type: Article

References (47)

1. See Leape, L.L., 1994, "Error in Medicine," JAMA, 272:1851-1857.
2. Such a definition may exclude boyfriend-girlfriend relationships where there has never been cohabitation or a child in common even where the dynamics of the relationship and eventual killing precisely parallel those between couples covered by statute. To qualify as an "intimate partner," states often require the couple to have lived together at some point or to share a child in common. For example, Florida Statute (1994 s. 741.28) defines "domestic violence" as "any assault, battery, sexual assault, sexual battery, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit." A "family or household member" refers to "spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time."
3. According to the Bureau of Justice Statistics (BJS, 1998; Bureau of Justice Statistics, U.S. Department of Justice. 1998. "Violence by Intimates: Analysis of Data on Crimes by Current or Former Spouses, Boyfriends, and Girlfriends," NCJ-167237 March 1998), in the United States during the 1976-1996 period, intimate partner murder fell by 36 percent from 3,000 (1976) to 1,800 (1996). The number of U.S. women murdered by intimates fell from 1,600 in 1976 to 1,326 in 1996. During the same period the number of men murdered by intimates decreased from 1,357 (1976) to 516 (1996). This overall decline in intimate murder is most marked in the black community. The per capita rate of intimate murders among blacks was 11 times that among whites in 1976, but only four times that among whites in 1996.
4. For a discussion of these different categories, see Charles Patrick Ewing, 1997, Fatal Families: The Dynamics of Intrafamilial Homicide. Sage. Thousand Oaks, CA; Neil Websdale, 1999, Understanding Domestic Homicide, Northeastern University Press. Boston, MA; for a discussion of parricide see Kathleen Heide, 1995, Why kids kill parents: child abuse and adolescent homicide. Sage. Thousand Oaks, CA.
5. For a discussion of these different categories, see Charles Patrick Ewing, 1997, Fatal Families: The Dynamics of Intrafamilial Homicide. Sage. Thousand Oaks, CA; Neil Websdale, 1999, Understanding Domestic Homicide, Northeastern University Press. Boston, MA; for a discussion of parricide see Kathleen Heide, 1995, Why kids kill parents: child abuse and adolescent homicide. Sage. Thousand Oaks, CA.
6. For a discussion of these different categories, see Charles Patrick Ewing, 1997, Fatal Families: The Dynamics of Intrafamilial Homicide. Sage. Thousand Oaks, CA; Neil Websdale, 1999, Understanding Domestic Homicide, Northeastern University Press. Boston, MA; for a discussion of parricide see Kathleen Heide, 1995, Why kids kill parents: child abuse and adolescent homicide. Sage. Thousand Oaks, CA.
7. Evan Stark and Anne Flitcraft. 1995, "Killing the Beast Within: Woman Battering and the Female Suicidality." International Journal of Health Services 25 (1): 43-64.) addresses the links between suicide, suicidal behavior, and domestic violence. Websdale (1999) explores some of these links.
8. Websdale, N & Johnson, B. 1997. "Battered Women's Vulnerability to HIV Infection," Justice Professional, vol. 10, no. 4, pp. 183-198.
9. Editorial, "Promoting Patient Safety by Preventing Medical Error," JAMA, October 28, 1998, vol. 280, no. 16 p.1444-1447. Quoted p. 1444.
10. Maria Stone, 1995, "Domestic Violence Fatality Reviews." Boalt Law School, p. 13.
11. See for example the case of Leonard Morrow who murdered his wife Latonya and two young children before committing suicide. The Hopkins county child death review team defensively concluded that "it does not appear that the system failed Mrs. Morrow," but rather that "Mrs. Morrow failed to allow the system to protect her." (Cited in Websdale, N. 1998, Rural Woman Battering and the Justice System: An Ethnography. Sage. Thousand Oaks, CA, p. 149. Full discussion in Websdale, 1998, p. 147-150).
12. See for example the case of Leonard Morrow who murdered his wife Latonya and two young children before committing suicide. The Hopkins county child death review team defensively concluded that "it does not appear that the system failed Mrs. Morrow," but rather that "Mrs. Morrow failed to allow the system to protect her." (Cited in Websdale, N. 1998, Rural Woman Battering and the Justice System: An Ethnography. Sage. Thousand Oaks, CA, p. 149. Full discussion in Websdale, 1998, p. 147-150).
13. See Stone, 1995, pp. 15-17 and especially note 59.
14. Project Safeguard, 815 E. 22nd Avenue, Denver, Colorado, 80205, 303/863-7606.
15. This growing recognition of the links between adult parental domestic violence and child abuse, neglect, and death is reflected in recent legislation in Delaware. Delaware Statute Title 13 s 2105 empowers a domestic violence coordinating council to investigate and review, through a review panel, the facts and circumstances of all deaths occurring in Delaware resulting from domestic violence. Child deaths are to be reviewed jointly by the Child Death Review Commission and the domestic violence fatal incident review panel. The death of a minor will be reviewed by the domestic violence fatal incident review panel only if the child's parents or guardians were involved in an abusive relationship and where the minor's death is directly related to that abuse.
16. See Websdale, 1999, chapter 6 Table 6.6. Websdale shows that in just over half the 57 cases of domestic child homicides where two parents/caretakers were involved in the care of the child, the female parent/caretaker was being beaten by the male parent/caretaker prior to the homicide. 13 Investigation, p. 5.
17. For a good recent discussion of these issues see Karin Wang, 1996, "Battered Asian American Women: Community Responses from the Battered Women's Movement and the Asian American Community." Asian Law Journal 3:151-185.
18. Report p. 7.
19. Report p. 11.
20. Report p. 12.
21. Report p. 13.
22. This includes deaths classified as homicides, suicides, unintentional injury, undetermined cause, those with inadequate certificates, and peculiar circumstances (asthma, AIDS), This is not to suggest that the deaths of women aged over 60 are not due to domestic violence. For example, "suicide pacts" where elderly men kill their female partners and then themselves cannot be assumed to be free of a history of domestic violence. Indeed, gerontologist Donna Cohen found that homicide-suicides involving elderly women in West Central Florida from 1988-1994 doubled. In all, such homicides accounted for 20 percent of the total homicides of people aged over 55. Cohen also notes that while 50 percent of the women's health had deteriorated, two-thirds had expressed "no desire to die." Evidence that women killed in so-called suicide pacts had expressed "no desire to die" may suggest they were being battered prior to their demise (Cited in Charles Ewing, 1997 p. 143).
23. At time of writing the Philadelphia Team is in the process of producing preliminary systematic data on the deaths of women. Contact Dawn Berney for details, 215-985-2500.
24. By Rolanda Pierre-Dixon, Chair.
25. Santa Clara County Death Review Committee Final Report, October 1993-September 1997, p. 14.
26. The term "Asian" is not defined in the report.
27. Santa Clara County Death Review Committee Final Report, October 1993-September 1997. p. 15.
28. Santa Clara County Death Review Committee Final Report, October 1993-September 1997. p. 5.
29. Report, p. 13.
30. Wang, 1996. She defines "Asian American" broadly to include "all persons of Asian ancestry living in the United States" (1996:152, n3). This includes peoples from East Asia (including China, Japan, and Korea), Southeast Asia (including Burma, Cambodia, Laos, Thailand, Vietnam), South Asia (India) and the Philippines.
31. Asian women differ from white women in at least three ways. First, Wang points to the fact that the majority of Asian women are immigrants and therefore experience numerous language problems. These problems make it difficult for them to obtain help from police, social services, or immigration services. For example, if police officers attending domestic disputes at Asian homes can understand the man and not the woman, it is likely that without special translator services, the Asian woman's story will be marginalized or go unheard. Second, the Asian cultural emphasis on saving face and valuing the family above the individual, makes Asian women more hesitant when it comes to breaking up the family. Such a pronounced belief in the sanctity of the family in the face of violent victimization, combined with a cultural antipathy toward divorce, may make it more difficult for white shelter workers and advocates to offer support and understanding to groups like Korean women. Third, the traditional Asian gender roles of male provider and female homemaker are often disrupted by an American economy that requires both partners to work outside the home. This may be seen as liberating by Asian women, but it may, as Wang points out, be very threatening to the partners of Asian women. See Wang, 1996, p. 171.
32. For a very detailed case study analysis of these deaths, see Neil Websdale, Understanding Domestic Homicide, Northeastern University Press. Boston, MA. 1999.
33. Preliminary findings from 1995 reveal similar discrepancies between FDLE data and that number of domestic violence fatalities identified by the broader definition used by Drs. Websdale and Johnson. Although FDLE identified 195 domestic homicides in 1995, as of October 1, 1998, Drs. Websdale and Johnson had confirmed at least 285 domestic violence related deaths.
34. See footnote 1 for Florida Statute (1994) s 741.28
35. For further discussion of these and related matters, see Beth Richie, 1996, Compelled to Crime, Routledge, New York; Websdale, supra note 29, 1999.
36. In Nevada, information can be shared among team members regarding the decedent or any person who was in contact with the victim and any other information deemed by the team to be pertinent to the review. This information is to remain confidential (N.R.S. 217.475 ss 4). In addition, each member of the team is immune from civil or criminal liability for an activity related to the review of the death (N.R.S. 217.475 ss 8). Subsection 9 states that the "results of the review...are not admissible in any civil action or proceeding." In Delaware, the review process, and any records created by it, shall be exempt from the provisions of the Freedom of Information Act in Chapter 100 of Title 29. All records and documents contributing to the formulation of reviews are deemed confidential. Such records and documents are not subject to subpoena or discovery. Team members will not be required to make any statements regarding review deliberations (Delaware Statute Title 13 s 2105 (h)). Likewise members and their agents will be immune from claims and not be subject to any suits, liability, damages or any other recourse, civil or criminal, arising from any act, proceeding, decision or determination undertaken or performed or recommendation made, provided such persons acted in good faith and without malice in carrying out their responsibilities; good faith and lack of malice are presumed and the burden of proving otherwise falls upon the complainant (Delaware Statute Title 13 s 2105 (i)).
37. A praecipe is an original writ drawn up in the alternative.
38. A prothonotary is an officer who officiates as principal clerk of courts in states such as Pennsylvania (Delaware Statute Title 13 s 2105 (d)).
39. For example, Barbara J. Hart made this point in her recent speech on social justice and fatality reviews in a national summit at Key West, Florida, October 26-28, 1998.
40. See for example, Editorial, "Promoting Patient Safety by Preventing Medical Error," JAMA, October 28, 1998, vol 280, no. 16 p.1444-1447. The authors suggest that error in medicine is real and common and must be reduced. They argue that if this error is met with blame and distrust, then suppression, stonewalling, and cover-up follow; all of which fail to reduce future harm. Alternatively, they suggest that system changes can prevent harm to patients and led to the transition from a culture of blame to a culture of safety. The editorial is well written and has generated much discussion nationally. See also, Gawande, Atul, "When Doctors Make Mistakes," The New Yorker, (Feb. 1, 1999) at p. 40. This excellent and readable article details a difficult medical procedure and sets forth how a hospital morbidity and morality conference addresses physician error and the procedures needed to overcome it. Query if courts and the justice system could adapt such conferences when preventable domestic violence takes place?
41. See for example, Editorial, "Promoting Patient Safety by Preventing Medical Error," JAMA, October 28, 1998, vol 280, no. 16 p.1444-1447. The authors suggest that error in medicine is real and common and must be reduced. They argue that if this error is met with blame and distrust, then suppression, stonewalling, and cover-up follow; all of which fail to reduce future harm. Alternatively, they suggest that system changes can prevent harm to patients and led to the transition from a culture of blame to a culture of safety. The editorial is well written and has generated much discussion nationally. See also, Gawande, Atul, "When Doctors Make Mistakes," The New Yorker, (Feb. 1, 1999) at p. 40. This excellent and readable article details a difficult medical procedure and sets forth how a hospital morbidity and morality conference addresses physician error and the procedures needed to overcome it. Query if courts and the justice system could adapt such conferences when preventable domestic violence takes place?
42. "Judges must provide leadership in their courts and in their communities to ensure that family violence cases are effectively managed and that adequate resources are available." Family Violence: Improving Court Practice, p. 15 (National Council of Juvenile and Family Court Judges, 1990).
43. Canon 4.B of the revised ABA Model Code of Judicial Conduct states "A judge may speak, write, lecture, teach and participate in other extrajudicial activities concerning the law, the legal system, the administration of justice and non-legal subjects, subject to the requirements of this code." The commentary discusses how the judge is in a unique position to contribute to the improvement of the administration of justice including the criminal justice system.
44. See Canon 3. C.1 of the revised ABA Model Code OD Judicial Conduct (1990). Most states have adopted some version of the American Bar Association's Model Code of Judicial Conduct, which was revised in 1990. See Shaman, Lubet and Alfini, Judicial Conduct and Ethics, pp. 3-6 (Michie, 2nd ed. 1995). The preamble to the 1990 version states that judges "must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system."
45. See Websdale, N., Sheeran, M., and Johnson, B. 1998. Domestic Violence Fatality Reviews: Summarizing National Developments. National Council of Juvenile and Family Court Judges. Reno, Nevada. This publication was part of the National Summit on Domestic Violence Fatality Reviews held in Key West, Florida in October 1998.
46. See for example the Philadelphia Women's Death Review Team: An Interdisciplinary Team to Reduce the Number of Violence-Related Deaths of Philadelphia Women. A paper summarizing the work of the team is available from the Family Violence Department of the National Council of Juvenile and Family Court Judges or from the Philadelphia Health Management Corporation, 260 South Broad St. Philadelphia, PA 19102-5085.
47. Typically a unified family court's jurisdiction includes all juvenile cases (delinquency, status, detention, waiver and child abuse), divorce, paternity, adoption, nonsupport, guardianship of adults and children, civil restraining orders, civil commitment in mental health cases, and in some jurisdictions crimes within the family ranging from domestic violence to intra-familial murder. Traditionally, one judge or one judicial team hears all cases affecting one family and the judge has a broad array of services to assist these families. See, e.g., materials on ABA Summit on Unified Family Courts: Exploring Solutions for Families, Women and Children in Crisis (held May 14-16, 1998, Philadelphia, PA).