The Effectiveness of a Coordinated Response Toward Nonfatal Strangulation in Facilitating Evidence-Based Prosecution

• Author: Amy Reckdenwald,Ketty Fernandez,Chelsea L. Mandes
• Published date: 01 October 2021
• Date: 01 October 2021
• DOI: http://doi.org/10.1177/08874034211001912
• Subject Matter: Articles

https://doi.org/10.1177/08874034211001912

Criminal Justice Policy Review

2021, Vol. 32(8) 816 –840

© The Author(s) 2021

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DOI: 10.1177/08874034211001912

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Article

The Effectiveness of a

Coordinated Response

Toward Nonfatal

Strangulation in Facilitating

Evidence-Based Prosecution

Amy Reckdenwald1, Chelsea L. Mandes1,

and Ketty Fernandez1

Abstract

Many states’ laws now classify nonfatal strangulation as part of domestic violence as a

felony offense, but prosecution of offenders remains challenging due to the nature of this

type of violent offense. This study evaluates a coordinated effort designed to improve

one county’s response to nonfatal strangulation. The impact of law enforcement

training and specialized forensic medical examinations on facilitating evidence-based

prosecution of nonfatal strangulation offenders is examined. Preliminary support is

found for the effectiveness of the coordinated effort, highlighting the importance of

comprehensive law enforcement training and detailed medical evidence in facilitating

evidence-based prosecution.

Keywords

domestic violence, intimate partner violence, evaluation, criminal justice system,

strangulation, forensic medical examinations

Introduction

There have been significant legal changes in the last two decades in the treatment of

nonfatal strangulation occurring within a domestic relationship. Statutory changes have

made nonfatal strangulation, a potentially life-threatening assault, a felony offense in

1University of Central Florida, Orlando, USA

Corresponding Author:

Amy Reckdenwald, Associate Professor, Department of Sociology, University of Central Florida, 4000

Central Florida Blvd., Howard Phillips Hall, 406-G, Orlando, FL 32816-1360, USA.

Email: Amy.Reckdenwald@ucf.edu

1001912CJPXXX10.1177/08874034211001912Criminal Justice Policy ReviewReckdenwald et al.

research-article2021

Reckdenwald et al. 817

many states across the United States (Pritchard et al., 2017). These statutory changes

emerged as awareness grew regarding the serious consequences of strangulation,

including, but not limited to, miscarriage, loss of consciousness, and even delayed

death (Funk & Schuppel, 2003; Glass et al., 2008; Iserson, 1984; McClane et al., 2001;

Messing et al., 2018; Plattner et al., 2005; Pritchard et al., 2017; Smith et al., 2001;

Stanley & Hanson, 1983; Strack et al., 2001). Research also indicates that strangulation

commonly occurs multiple times during the course of a violent relationship (5.3 times

on average; Wilbur et al., 2001), and multiple attacks on separate occasions results in

an increased frequency of strangulation injuries (Messing et al., 2018; Smith et al.,

2001). In addition, research has shown a women’s risk of homicide increases 7.5 times

if they have been strangled in the past (Glass et al., 2008).

Although statutory changes designed to treat nonfatal strangulation as a serious

offense and potentially lethal assault have emerged, prosecuting nonfatal strangulation

offenders is incredibly difficult due to evidentiary issues (Strack et al., 2001; also see

Reckdenwald et al., 2019). Corroborating physical evidence of the attack is especially

critical in prosecuting offenders as domestic violence victims commonly recant abuse

allegations or refuse to testify (Lininger, 2005), and there are restrictions on the use of

hearsay as evidence in court (see Crawford v. Washington, 2004). If felony strangula-

tion laws are to be effective, local law enforcement, medical personnel, and prosecu-

tors must work collaboratively to promote evidence-based prosecution of strangulation

offenders; however, there is a lack of research examining the impact of coordinated

efforts among local agencies in providing justice to victims by holding offenders

accountable for nonfatal strangulation.

A coordinated multiagency response between law enforcement; medical, legal, and

shelter personnel; and victim advocates was implemented in a Florida county. The

coordinated effort was designed to enhance the county’s response to nonfatal strangu-

lation by increasing corroborating evidence of the attack to improve case outcomes in

the criminal justice system. To do so, law enforcement received strangulation-specific

training to improve how strangulation was identified and documented in police reports.

In addition, forensic medical examinations were given to victims of nonfatal strangu-

lation by forensic nurse examiners (FNEs) who were trained to accurately document

forensic evidence and testify as expert witnesses in court.

As the first evaluation of a multiagency coordinated response toward nonstrangula-

tion, we began our focus on examining the impact of providing law enforcement with

strangulation-specific training (see Reckdenwald et al., 2019). Results showed these

efforts were effective in improving identification and documentation of nonfatal stran-

gulation in police reports. This study presents the second part of the evaluation results

of this coordinated response, particularly regarding the impact of additional corrobo-

rating evidence (from police and FNEs) on the prosecutorial response. The goal is to

determine whether providing law enforcement training along with forensic medical

examination documentation results in increased filing, charging, and convictions for

felony strangulation. With research showing deficiencies in the prosecutorial response

toward nonfatal strangulation in the county prior to this coordinated response (see

Reckdenwald et al., 2020), it is essential to determine whether, in fact, efforts designed