The War on Violence: Improving the Response to Domestic Violence in the Military
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The War on Violence: Improving the Response to Domestic Violence in the Military BY JUDGE PETER C. MACDONALD AND DEBORAH D. TUCKER ABSTRACT The Department of Defense has taken steps in recent years to improve out- comes for victims of domestic violence who reside on military installations. In Fiscal Year 2001, more History of the In 2000, the Defense Task Force on Domestic Violence was established, a than 18,000 incidents of Defense Task Ispouse abuse were reported military-civilian group of experts charged with improving the military’s Force on to United States Military effectiveness in addressing domestic violence in the Armed Forces in a vari- Domestic Violence authorities.1 This represents ety of areas including offender accountability, coordination between mili- In 1998, a highly publi- up to five times the rate of tary and civilian communities, and changing the military climate around cized cluster of domestic marital aggression in the domestic violence. This article will provide an overview of the Task Force, homicides occurred at Fort 2 civilian community. Yet,rel- its work during the past three years, and its recommendations. Campbell, Ky., a U.S. Army atively few military person- post. On Jan. 17, 1999, 60 nel are prosecuted or administratively sanctioned on Minutes, the CBS News magazine, aired a highly critical charges stemming from domestic violence.3 Until report of the military’s response to domestic violence. recently, the U.S. Department of Defense (DoD) has This report, entitled “The War at Home,” increased pres- made little progress or effort to confront the problem sure on Congressional members to investigate the nature and deal with domestic violence involving military per- and extent of domestic violence within the military and sonnel. Confronted with highly publicized instances of to take necessary steps to reduce the violence. Several domestic violence, the DoD formed a multidisciplinary national domestic violence groups diligently advocated Defense Task Force on Domestic Violence (DTFDV) in for the establishment of an entity to investigate domestic April 2000 to investigate the protocol surrounding violence within the military.As a result, Congress, led by domestic violence and to recommend changes. The Senator Edward Kennedy (D-Mass.), mandated the work done in the past three years by the DoD’s DTFDV establishment of the DTFDV in October 1999 as part of takes an important first step in the war on domestic the Congressional authorization for expenditures for the violence in the military. This article highlights the military in 2000. recommendations made by the DTFDV and the process As a result of the passage of the National Defense leading up to them. Authorization Act (Pub. Law 106-65, Section 591), Judge Peter C. Macdonald is a retired District Court Judge in the Commonwealth of Kentucky. Judge Macdonald served a three-year term as mem- ber of the Department of Defense Task Force on Domestic Violence, appointed by Secretary of Defense William Cohen. Judge Macdonald is a member of the National Council of Juvenile and Family Court Judges’ Board of Trustees. Deborah D. Tucker, M.A., co-chair of the Defense Task Force on Domestic Violence, is a co-founder of the National Center on Domestic and Sexual Violence. Ms. Tucker served as the Founding Chair of the National Network to End Domestic Violence during its development and passage of the Violence Against Women Act, and is a recent recipient of the Marshall’s Domestic Violence Peace Prize. Fall 2003 • Juvenile and Family Court Journal 121 The War on Violence Secretary of Defense William S. Cohen convened the 24- offender.These practices have proved to be ineffective in member DTFDV in April 2000. The DTFDV was com- dealing with domestic violence. prised of members from the Departments of Defense, Justice, and Health and Human Services, as well as highly Summary of Recommendations regarded private-sector experts in domestic violence, Over the course of its three years, the DTFDV made including judges, advocates, law enforcement officers, more than 200 recommendations to the Secretary of and survivors of domestic violence in the military. [See Defense in its Annual Reports.9 Listed below are nine Appendix A for a complete listing of DTFDV members key points summarizing these recommendations. and staff.] On April 24, 2003, the DTFDV completed its three-year mandate, having made more than 200 recom- I Create a culture shift that: mendations to the Secretary of Defense and to the • Does not tolerate domestic violence, United States Congress.4 • Moves from victims holding offenders account- able to the system holding offenders account- Challenges Facing the DTFDV able, and Contrary to public perception, the military is not • Punishes criminal behavior; one monolithic structure. The DTFDV members identi- I Establish a victim advocate program with provisions fied a major limitation in the military’s response to for nondisclosure; domestic violence: Each branch responds differently and I Implement the Proposed Intervention Process each installation, of which there are more than 300 Model [see Appendix B]; around the world,may well respond differently than stat- I Replace the Case Review Committee (CRC) with ed policy. One of the goals of the DTFDV’s work was to the Domestic Violence Assessment and Intervention establish a consistent standard of response by adopting Team (DVAIT); models and philosophical underpinnings across all I Enhance system and command accountability and branches of service. include fatality review process; In 1999, 81% of all military personnel (in all four I Implement DoD-wide training and prevention military branches) were stationed in the U.S. at any given programs; time—and 60% of those resided off the military installa- I Hold offenders accountable; 5 tions. Because military housing is severely limited, the I Strengthen local military and civilian community majority of personnel make their homes in local commu- collaboration; and nities.6 Therefore, many, if not most, of the military I Evaluate results of domestic violence prevention domestic violence incidents occur in the civilian com- and intervention efforts. munity. These cases are responded to by civilian law enforcement agencies and may be heard in civilian Strategic Plan courts. It is also important to know that domestic An important component of the DTFDV’s recom- violence services currently provided by the military are mendations was the long-term strategic plan by which only available to victims of domestic violence if either the the DoD may more effectively address matters relating to victim or the perpetrator is a member of the military and domestic violence within the military. The proposed if they are married.7 As a result, domestic violence cases plan includes four parts: involving a military member who is in a dating or cohab- itating relationship may only be addressed by organiza- 1) The Key Points from the DTFDV Reports (listed tions in the civilian community.8 above) Historically, the military approach has been one of “under the table” and “keep it quiet” when it came to 2) The Domestic Violence Intervention Process Model dealing with service members who committed violent [see Appendix B] acts.In some communities,the modus operandi has been 3) Core Principles of Domestic Violence Intervention to avoid the criminal justice process by calling the (see below) commanding officer of the soldier, sailor, airman, or 4) Domestic Violence Prevention Conceptual Model marine, and requesting that the officer pick up the [see Appendix C] 122 Juvenile and Family Court Journal • Fall 2003 Judge Peter C. Macdonald and Deborah D. Tucker Domestic Violence Intervention Process Model has a duty to protect the victims and take appropriate The Domestic Violence Intervention Process Model action to hold offenders accountable. Because the [see Appendix B] shows the interrelationships between military services will be implementing the recommen- the various elements of the military community that are dations, the DTFDV anticipated that challenges and involved in responding to an incident of domestic vio- variance from the original thoughts would occur in the lence. It is not intended to be a flow chart. It is intended “real world.”The Core Principles ask that, for each pro- to be an optimal guideline for responding to domestic gram designed or individual action taken, the decision- violence and includes intervention points with victims, maker be able to describe how the actions are consistent military commanders, and offenders. One limitation of with these principles.To ensure maximum effectiveness, the military’s current response to domestic violence that all intervention programs should consider the extent to the DTFDV identified was the inadequate criminal inves- which an action will adhere to these Core Principles:11 tigation of incidents and the command response to sub- stantiated cases. Lack of confidence, knowledge, and I Respond to the needs of victims and provide for training of how to investigate criminal activity, particu- their safety; larly crimes against women, is pervasive throughout the I Hold offenders accountable; military and gave rise to the DTFDV developing proto- I Consider multi-cultural and cross-cultural factors; cols for an effective response. I Consider the context of the violence and provide a The DTFDV believed that appropriate responses by measured response; victim advocates, military commanders, and law enforce- I Consider military and civilian response;