Carol Gundlach

Guest columns

ALABAMA VOICES: Prevention possible

By Carol Gundlach I was distressed to read the comments Mayor Bobby Bright made in response to the recent tragic murder of three young children. According to the Advertiser, the mayor said "There's nothing we could have done to stop this person once he stepped over the edge. All we can do is support the mother." While the mayor's obvious grief and sympathy for the mother is commendable, it's important to also recognize that there are also actions that can be taken by local government which can significantly reduce domestic violence homicides. Domestic homicides are almost always preceded by "ordinary" acts of domestic violence -- acts that are treated by the criminal justice system as minor misdemeanor offenses. Quick, effective and accountable criminal justice response to these crimes, responses holding the perpetrator accountable for his violence and providing protection and support for the victims can reduce future domestic homicides. An effective criminal justice includes an immediate "warrantless" arrest of the primary perpetrator by law enforcement and continues as conditions, including an order to stay away from the victim, are placed on the perpetrator's bail. And for a system to be truly effective, law enforcement intervention must be reinforced at the trial and probation level. It is at this level that, all too often, the system breaks down and abusers fail to be held accountable for their actions. Most domestic violence trials in Montgomery are held in Montgomery Municipal Court. Unfortunately, it can take months for these case to get to the trial level and, during that time period, the victim is often isolated and easily influenced both by fear of the perpetrator and by his promises to change. By the time the case is finally tried, the victim has often changed her mind and may no longer want to go forward with the case. Recommended best practices recognize this normal victim behavior and encourage prosecutors to decide whether to go forward with a case on the quality of the investigation and the strength of the case, not the wishes of the victim. In Montgomery Municipal Court, with part-time prosecutors who may have not met the victim or reviewed the file before the trial date, this is not always the case and far too many domestic violence cases are unnecessarily dismissed because the victim fails to appear or refuses to testify. Best practices also recommend that a convicted abuser be sentenced to a certified perpetrator intervention program that can both address the batterer's choice to use violence and provide supervision during probation. Montgomery has an excellent intervention program called the EVEN program, but it is not always used as a sentencing option in Municipal Court, reducing accountability for the perpetrator and protections for the victim. Central to an improved Municipal Court response is the establishment of a dedicated domestic violence court or domestic violence docket in Montgomery Municipal Court. Specialized domestic violence courts and dockets should include dedicated judges, dedicated prosecutors, the presence of victim advocates and representatives of perpetrator intervention programs, and court referral officers to screen for drug and alcohol problems. Working together, these players can ensure that a convicted abuser's violence is punished and treated and that a victim receives help, support and assistance in breaking free from the violence. The Alabama Coalition Against Domestic Violence is currently working closely with municipal courts in Birmingham and in Bessemer to implement best practices in their domestic violence courts and would be more than willing to work with the Montgomery Municipal Court to establish a similar court of docket here. Dedicated domestic violence dockets can be implemented with few, if any, additional resources and can ultimately save both lives and resources as misdemeanors are effectively addressed and homicides reduced. The events of last week were heartbreakingly tragic. But even this great a tragedy should not lead us to despair of our ability to save other lives. The solutions to domestic violence and domestic homicides are within our reach. All it takes is for us to care enough to reach for them. Carol Gundlach is executive director of the Alabama Coalition Against Domestic Violence, a network of domestic violence shelters providing services to victims while working on public policy solutions to domestic violence in Alabama and the nation.

Comments

[Freaky Running Guy]

This could have been prevented.  Bright is more concerned with commerce than with the exploding crime rate in Montgomery. 

 

I'm liking Simmons.  Any thoughts?

[Evan Whitehead]

[this is good] In it something is. Now all became clear, many thanks for an explanation.

[Carole]

Interesting that I posted this several years ago and of course the former Mayor Bright has become US Congressman Bright (D) but actually more (R) than (D). He did not support our President as I would have expected him to do more recently.