Curriculum Proposal 1
Domestic Violence Committed by Law Enforcement:
A Curriculum Proposal
Daniel W. Clark
Abstract: This article proposes a two-hour program on domestic violence within law enforcement, suitable for entry level officer training and/or ongoing in-service training, for the purpose of reducing the number of domestic violence incidents involving law enforcement officers, preserving officer’s careers and reducing trauma to their partners. The curriculum includes: prevalence rates, potential causes within law enforcement, early warning signs in fellow officers, prevention strategies, and a contrast of law enforcement and non-law enforcement domestic violence. The article reviews the Domestic Violence Provision of the Omnibus Consolidated Appropriations Act of 1997, provides cases illustrating the seriousness of the offense, and addresses the ethical issues involved. Suggestions for assisting officers at increased risk for domestic violence focus on prevention, practical communication skills, and effective use of both professional mental health resources and peer support.
KEY WORDS: training, program, curriculum, domestic violence.
Address correspondence concerning this article to Daniel Clark,Ph.D., 1405 Harrison Ave. N.W., Suite 205, Olympia, WA 98540-2600.
Curriculum Proposal 1
DOMESTIC VIOLENCE COMMITTED BY LAW ENFORCEMENT:
A CURRICULUM PROPOSAL
Police academies often teach new recruits about domestic violence in the public: signs of domestic violence, legal ramifications, arrest procedures, and resources for victims. But, how many agencies teach police officers about domestic violence within the force? Domestic violence committed by someone in their squad or detachment, by their supervisor or subordinate, or even by someone further up the chain of command often remains unaddressed. A 1994 study by the Southwestern Law Institute and the Arlington Texas PD surveyed 123 police agencies in communities greater than 100,000. They found about one-half of the agencies surveyed lacked an internal policy on domestic violence (Levinson, 1997).
This article proposes a curriculum to pass important information regarding domestic violence within law enforcement to the officers themselves. I developed this curriculum by reviewing the literature on domestic violence both in general and within law enforcement. The International Association of Chiefs of Police (IACP, 1998) recently published their Police Officer-Involved Domestic Violence Model Policy. I used many of the recommendations in Section VI, titled Information, Education, and Training, for course content. While new information and empirical findings will likely influence the details of this proposal, it may prove a firm foundation upon which to build.
INTENT OF THE PROGRAM
Curriculum Proposal 1
One purpose of a training program on domestic violence committed by police officers consists of educating our officers about how the problem within their own ranks may affect how they do their job. For instance, if involved in a domestic violence incident at home, whether as a perpetrator or as a victim, the officer’s experience will very likely impact how he/she handles the next domestic violence call on the job.
A second purpose includes educating our officers about the severe impact of a domestic violence conviction on their current and future employment. Some agencies have a saying: "Hit your spouse, lose your job."
A third purpose involves ensuring our officers understand their agency's own policy on domestic violence: how to handle an in-house call, how to handle a neighboring agency’s call, the ethics involved in law enforcement domestic violence, and agencies response options in suspected domestic violence cases.
TRAINING OPTIONS
How do we teach this information to police officers? It depends upon your audience. If your audience consists of cadets or trainees, adding a block of instruction to the academy schedule may prove best.
If your audience includes trained officers, an in-service format may prove most effective. Most agencies hold annual in-service training opportunities for their officers to introduce new laws and guidelines, review SOPs, and discuss new maneuvers and tactics.
Curriculum Proposal 1
When training the chain of command, and yes, they need this training as much as line officers do, a command or supervisor meeting may prove most appropriate. Supervisors need additional training, as they will make the judgement calls on proper procedures when a police officer domestic violence call comes in. Dealing with the political realities, addressing the ethical dilemmas surrounding situations involving officers and their friends/fellow officers, and choosing appropriate response options comprise critical topics for supervisors and the chain of command.
What about the rest of the police agency? Dispatchers or communications officers will likely play a pivotal role in the correct handling of a police domestic violence call. Human resources, Internal Affairs, and academy staff, as well as support staff, clerical, computer services, property management, and public information officers, could also benefit from this training.
TRAINING RESOURCES
Who should conduct this training? Preferably, someone with experience dealing with these or similar issues, and who has received training in domestic violence situations. Primary resources for instructors to tap into include IACP, local mental health professionals, state training academies, and experts in the field. Secondary resources include a careful search of the Internet and a judicious review of that material, local colleges, and the State Attorney General, who can provide state-specific recommendations and guidelines.
TRAINING ISSUES
Scope of the Problem. Defining the problem and its scope provides the audience a specific reason for listening to their instructor. Because this topic has not received much attention, impressing upon officers the importance of the topic and the real extent of the problem comprises a crucial element. Domestic violence does not just happen in other agencies. A line-of-duty death presents a useful analogy: we all hope it will never happen in our agency, but we all know it will.
Topics to address in this section include domestic violence in society as a whole. A wealth of information on this topic exists: statistics, causal hypotheses, intervention strategies, etc. I recommend focusing on a brief overview, assuming the officers have received at least a rudimentary overview of domestic violence in their training elsewhere. Remember that the focus should remain on domestic violence in law enforcement.
How does domestic violence within law enforcement differ from domestic violence in the general population? How do our statistics compare? Some sources suggest police officers commit domestic violence at a rate two to four times higher than the general population. Undercover officers in particular appear to be on the high end of that estimate (Neidig, Russell, & Seng, 1994).
LEGAL ISSUES
Basic to the increasing interest in law enforcement domestic violence, the Domestic Violence Provision of the Omnibus Consolidated Appropriations Act of 1997 prohibits any individual convicted of qualifying misdemeanors, including domestic violence, from legally possessing a firearm. This means that if an officer has ever received a conviction for domestic violence he/she cannot legally possess a firearm. No time limitations exist. The Bureau of Alcohol, Tobacco and Firearms (ATF) web page on the Internet provides a quick overview of the Act, a helpful question/answer section relating to the Act, plus an open letter to all state and local law enforcement officials, explaining the restrictions.
Curriculum Proposal 1
Potential consequences of committing domestic violence include criminal, civil, and occupational. Offenders may become incarcerated, sued in civil court, and, should their occupation require firearm possession, lose their job. These consequences do not constitute trivial matters. I recommend emphasizing these consequences so officers remain aware of what can happen to them.
Discussion of selected relevant cases may prove useful. This will require the instructor to research the relevant cases. The instructor may also want to consult with the agency attorney or legal representative about these cases prior to presenting them. Because the Act came out about two years ago, many relevant cases still await rulings. Additionally, several amendments have been proposed, including ones limiting the Acts scope to offenses committed after its enactment.
POTENTIAL CAUSES
A course segment on causes of domestic violence becomes crucial when addressing law enforcement. In addition to the standard domestic violence topics, such as the cycle of violence and the violence wheel, I propose including a segment on the law enforcement personality. Some law enforcement personality characteristics include a tendency to be action and detail oriented, somewhat obsessive-compulsive, highly dedicated, and goal oriented (Mitchell & Everly, 1994). They are also easily bored and tend to take risks.
Curriculum Proposal 1
These do not necessarily constitute bad characteristics. In fact, those of us who conduct applicant psychological screens often look for such characteristics. We want officers who can take charge of a chaotic situation. We want officers who pay attention to details, both for officer safety and prosecution reasons. We want officers who are willing to place themselves at risk on a daily basis to help others. Though important to policing, when these characteristics become extreme, they may prove highly debilitating. Examples include the action oriented officer who cannot slow down when off-duty, the officer who loses sight of the little things in his or her pursuit of a goal, and the officer who becomes enamored of control and misuses his/her police powers.
Kirschman (1997) quotes a colleague who states that cops stand as the most dangerous of all abusers. We train police officers to expect immediate and complete compliance to all their orders. When this does not occur, the officer may interpret it as resistance or insubordination and may respond as if in danger. When these expectations extend to the family setting, when non-compliance seems insubordinate, disrespectful, or building toward danger, officers may over-react with verbal or physical aggression to the perceived challenge or threat.
Honig and White (1994) suggest an officer's use-of-force continuum varies from his/her family's. Officers consider grabbing, shoving, and using physical restraint low to medium uses of force. The top of the scale remains reserved for deadly force. For an officer, raising his or her voice hardly even registers on the scale. The use-of-force continuum family members use much more likely places yelling near the middle of the scale. Physical, hands-on responses lie in the upper range of the use of force. Officers may not realize that what rates a two or three on their scale may rate a six or seven on their spouse's or children's scales.
Curriculum Proposal 1
Put simply, most officers habituate to the use of force. The periodic use of force in the line of duty has become a fact of law enforcement, a tool our officers use to perform their job. Officers cannot, however, use these same tools at home. An effective education program teaches distinctions between appropriate responses on the job and at home. It also raises awareness among officers of how their family perceives their behavior. A problem arises in training our officers in the use of force without training them to adjust their force continuum when they go home at the end of their shift.
EARLY IDENTIFICATION, PREVENTION AND INTERVENTION
While the primary focus rests on training, early identification of domestic violence leading to early intervention remains crucial. Training in the early behavioral and psychological warning signs of domestic violence also comprises an essential component of the proposed training for both supervisors and line personnel. As peers, other line officers may sit in a much better position to identify potential problems with their fellow officers very early. Peers need to have an awareness of the options available so they can help intervene as early as possible.
Identification of the problem with no resulting intervention will send the wrong message: "We know this occurs but we don’t intend to do anything about it." Supervisors must especially grasp this concept. Supervisors and administrators must understand that a pattern of physical violence will more than likely escalate in severity and/or frequency rather than quietly go away. Failing to act once the problem has come to light will not help the officer.
RESPONSE OPTIONS
Curriculum Proposal 1
A segment on response options needs agency specificity. It also must comply with local, state, and federal guidelines. Guidelines for interagency and cross-jurisdictional responses hold great import. In a recent investigation within the Los Angeles Police Department (LAPD), two thirds of the documented domestic violence incidents committed by LAPD officers occurred outside the jurisdictional boundaries of LAPD (Office of the Inspector General, 1997).
What options does the agency have in dealing with an officer committing domestic violence? The answer lies in when the agency learns of the behavior. If an offense has occurred and the officer has received a conviction for a domestic violence offense, the agency has limited options. Outright termination remains an Options; as does reassigning the officer to a position in which he or she does not require a firearm. Unfortunately, agency and community politics may play a large role in the treatment of the convicted officer.
The earlier the detection of the problem occurs, the broader the range of options. If detection occurs prior to violence, referral for treatment becomes a viable option. If the agency has a peer support team, peers may prove effective in offering support. The involved officer should receive additional training in anger and stress management, as well as communication skills. Large agencies with ample resources may provide group treatment.
Curriculum Proposal 1
Departments must exercise caution in referring officers for treatment. Mental health professionals have different training, backgrounds, strengths, and weaknesses. Very often, mental health professionals have no experience in trauma or police work and may cause even more damage.
Ideally, departments should refer only to those mental health professionals with law enforcement or military experience who remain active in police and/or military mental health organizations such as the Psychological Services Section of IACP. Departments should check with other police agencies to determine which mental health professionals they trust and respect. Sending a distraught officer to a child psychologist or a juvenile placement social worker may have a very negative, irreversible outcome.
None of this guarantees a positive outcome but exercising care in selecting the mental health professional certainly increases the officer’s chances. If the department can not locate the ideal mental health professional, as described, it should look for someone interested in and willing to learn about police culture.
We have an obligation to deal with victims as well. Referrals to community agencies constitute a minimal level of victim assistance.
ETHICAL CONSIDERATIONS
The proposed curriculum should include at least a brief discussion on ethics. Instructors will most likely have difficulty making a situation in which one officer must investigate or arrest another officer into a positive experience. Instructors may instead focus on why officers must do what they do, emphasizing their responsibilities as sworn law enforcement officers. A comment about their difficult, yet required task may make the officers more aware of the importance of doing the right thing, not just the easy thing.
Curriculum Proposal 1
PROGRAM ENHANCEMENTS
One way to enhance the program includes team teaching. Pairing a line officer with a knowledgeable mental health professional may prove the best way to present this type of training. Quite often officers will listen to their peers more than they will anyone else. Team teaching with an officer peer and mental health professional provides a useful way to capitalize on the strengths of both disciplines.
Depending on the amount of time allotted for the training, adding a video may reinforce the message. If time permits, small group discussions may help. A question and answer session with the Chief and/or the agency attorney (or another attorney who specializes in domestic violence) should follow, allowing officers to address any unresolved questions.
CONCLUSION
Domestic violence committed by police officers represents a major challenge to law enforcement. We must deal with it. Effective training may significantly decrease many of the problems. Domestic violence within law enforcement curriculum should thoroughly address the following issues: scope of the problem, legal issues, potential causes, identification, prevention, and intervention strategies, response options, and ethical considerations.
Curriculum Proposal 1
REFERENCES
Honig, A. H., & White, E. K. (1994). Violence and the law enforcement family. In J. Reese & E. Scrivner (Eds.), Law enforcement families: Issues and answers (pp. 101-109). Washington, D.C.: US Government Printing Office