After court ruling on arrests, BSU report outlines needs of Idaho domestic violence victims
This story has been updated from its original version to clarify a recommendation in the report.
After a 2019 Idaho Supreme Court ruling upended the ability of police to make some warrantless arrests, the safety of domestic violence victims became a renewed concern for many in the state.
Researchers at Boise State University reviewed the needs of victims and issued a list of recommendations from their study, while also outlining some consequences of the court’s decision.
The researchers, including BSU professor Lisa Growette Bostaph, published the report this month.
The court’s decision, which came in Idaho v. Peter O’Donald Clarke, revolved around Clarke’s arrest for suspected battery, which occurred without a warrant. Ultimately, the Supreme Court vacated Clarke’s conviction, deeming warrantless arrests for misdemeanors unlawful unless an arresting officer witnesses the crime.
Idaho is now the only state in the country without the option of warrantless arrests in domestic violence cases. Advocates argue that this greatly endangers victim safety.
Law enforcement raised concern after the decision, noting that they seldom witness the domestic violence — they arrive after it has occurred, often because of a call.
The researchers’ Biennial Report on Victimization and Victim Services stems from interviews with 16 policing agencies and six victim-services agencies. Findings about the Clarke decision included that 82 percent of agencies reported an immediate concern for victim safety.
Policing agencies reported spending an additional 45-90 minutes at domestic violence scenes after the ruling, attempting to obtain warrants to make arrests. This lengthy process resulted in concerns surrounding what constitutes detention, according to the report.
The report found that officers have begun recommending that victims obtain a civil protection order. But if an abuser violates a protection order, that also is just a misdemeanor, so a warrant still would be required for an arrest.
Officers have also reported using citations, rather than getting an arrest warrant, to remove the suspect from the scene. Because the suspect isn’t taken into custody in that case, court appearances sometimes don’t occur until 14-21 days after the domestic violence incident, according to the report.
The report was authored by Boise State criminal justice researchers Growette Bostaph, Rachel Jeffries, Laura King and Lane Gillespie.
Recommendations
Recommendations made by the researchers largely revolve around the need for victim services and the possibility of a constitutional amendment for warrantless misdemeanor arrests.
The report recommended, among other things, funding community-based victim services, such as emergency housing, counseling and legal assistance.
Growette Bostaph said the national reporting rate to authorities when it comes to domestic violence is about 45 percent.
“So roughly, we can guess at least half of domestic violence is not reported to policing agencies,” she said. “If our first paramount concern is victim safety and getting them services to keep them safe, community-based domestic violence services work with all domestic violence victims, regardless of whether they report or not.”
The report also recommended that police departments invest in victim-witness units and that there be an on-scene response at the location of the incident. Not all Idaho police agencies have a victim-witness coordinator.
One recommendation that would require legislative approval includes passing a constitutional amendment to reinstate the option of warrantless arrest for select crimes, based on the propensity for future physical harm.
Last year, the Idaho Legislature attempted to pass an amendment, but it failed to get the needed super-majority that is required for an amendment to move forward. That bill was drafted after the Clarke decision.
Growette Bostaph acknowledges that warrantless arrests could be used for other types of crimes, such as shoplifting, but her concern is crimes that endanger victims. She also takes into consideration some of the local and national dialogue around police reform.
“In our mind, after listening to everybody in the state, the ability to use warrantless arrest ... still seems to be necessary sometimes,” she said. “But do we really need warrantless arrests for theft? No. The likelihood for harm with that is minimal.“
But with crimes such as protection order violations, domestic violence or driving under the influence, there is an immediate potential for harm without arrest, she said.
Her BSU group’s recommendations also included additional training for victim-witness coordinators and advocates.
“Generally, they include a module on victimology, understanding the effects of victimization, the history of the victim’s rights movement, and then specific ways of getting information on domestic violence and sexual assault,” Growette Bostaph said about the training sessions.
They also offer role-playing training on the best ways to communicate with people who have been victimized, she said.
In their research, Growette Bostaph said some victim-services agencies sought assistance in learning how to provide victims with advocacy and support when the abuser was still present in the home.
The report also recommended training for police, involving the use of on-scene risk assessments, alternative responses, domestic violence investigatory skills and trauma-focused approaches.
The report outlined 14 different recommendations in total.
“Given the Clarke decision, community members need to understand that policing agencies and their responses have been limited,” Growette Bostaph said. “What they believe police were able to do for 30 years, they may not be able to do anymore.”
But police can intervene and provide victims resources, and stop whatever is happening in the moment, so the call must be made, she said.
“As a community member, as a neighbor, as a friend, as a family member, if somebody that you know is being harmed or you believe they are being harmed, you may be the best opportunity for them to be connected to resources,” Growette Bostaph urged. “If victims understand police cannot make an arrest, they may be reluctant to call. We hope not. But they may be.”
Violence in a pandemic
The research done in the BSU report happened mostly before the coronavirus pandemic hit, leading to stay-home orders and quarantines. The impact on domestic violence has been eye-opening.
The number of calls to the Women’s and Children’s Alliance hotlines and business lines were nearly double in July of what they were in July 2019, said Chris Davis, spokesperson for WCA.
Since Gov. Brad Little issued his stay-at-home order in mid-March, Davis said the WCA has seen 11 emergency intakes into shelters. An emergency intake is done only when a victim is in immediate danger. In 2019, Davis said there was only about one emergency intake per quarter.
Davis explained that these intakes are done when the “lethality” has increased, meaning a weapon was introduced or there was an attempted strangulation, or something that put a victim in grave danger.
“The risk level is increasing,” Davis said about the pandemic. “For the people who are in these situations, the danger level is increasing.”
She noted that during the pandemic, victims might not be seeing the types of people who might otherwise intervene in an abusive relationship, such as a friend, co-worker or doctor.
Where to find help
The Women’s and Children’s Alliance in Boise is available at 208-343-7025 for victims of domestic violence, at 720 W. Washington St. in Boise, or online at wcaboise.org.
The Faces of Hope Victim Center is available for victims in need of emergency services at 417 S. 6th St. in Boise. Victims should call 911 in emergencies or call 208-577-4400 on weekdays during business hours. Faces of Hope provides free medical care and forensic examinations for victims, as well as assistance with filing police reports and mental health care after an assault.
Anyone in need of help or who believes they may be in a violent relationship is encouraged to contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233).
This story was originally published August 16, 2020 at 8:00 AM.
