James Ptacek (ed.)
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335484
- eISBN:
- 9780199864331
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335484.001.0001
- Subject:
- Social Work, Children and Families, Crime and Justice
Despite significant accomplishments over the past 35 years, antiviolence activists know that justice for most abused women remains elusive. Most victims of violence against women do not call the ...
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Despite significant accomplishments over the past 35 years, antiviolence activists know that justice for most abused women remains elusive. Most victims of violence against women do not call the police or seek help from the courts. Are there new ways that survivors might find justice? This book examines new alternative justice practices for victims. These informal, dialogue-based practices, referred to as “restorative justice,” seek to decrease the role of the state in responding to crime, and increase the involvement of communities in meeting the needs of victims and offenders. Restorative Justice and Violence Against Women considers both the dangers and potential benefits of using restorative justice in response to these crimes. The contributors include antiviolence activists and scholars from the U.S., Canada, Australia, and New Zealand. A range of perspectives on these alternative justice practices is presented. This book also contains rich descriptions of new programs that combine restorative justice with feminist antiviolence approaches. The hope is that this will inspire survivors, advocates, community activists, and scholars to create new ways for abused women to find justice.Less
Despite significant accomplishments over the past 35 years, antiviolence activists know that justice for most abused women remains elusive. Most victims of violence against women do not call the police or seek help from the courts. Are there new ways that survivors might find justice? This book examines new alternative justice practices for victims. These informal, dialogue-based practices, referred to as “restorative justice,” seek to decrease the role of the state in responding to crime, and increase the involvement of communities in meeting the needs of victims and offenders. Restorative Justice and Violence Against Women considers both the dangers and potential benefits of using restorative justice in response to these crimes. The contributors include antiviolence activists and scholars from the U.S., Canada, Australia, and New Zealand. A range of perspectives on these alternative justice practices is presented. This book also contains rich descriptions of new programs that combine restorative justice with feminist antiviolence approaches. The hope is that this will inspire survivors, advocates, community activists, and scholars to create new ways for abused women to find justice.
Michelle Madden Dempsey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562169
- eISBN:
- 9780191705298
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562169.001.1
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This book defends the claim that (within the realm of justified/permissible action) prosecutors ...
More
What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This book defends the claim that (within the realm of justified/permissible action) prosecutors should respond effectively; which is to say that ceteris paribus domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. In defending this claim, the book first sets out a general theory of prosecutorial practical reasoning and then considers the prosecution of domestic-violence offences in particular. Along the way, it provides an original account of the nature of prosecutorial action, the values that can be realized through such action, and the relationship between these values and the practical reasoning of criminal prosecutors. Moreover, it provides analyses of two key concepts — domestic violence and patriarchy — and explains the relevance of the latter to a proper understanding of the former. Putting these insights to work in answering the question stated above, this book provides an account of what prosecutors would be justified in doing in such cases and what prosecutors should do in order to be effective as domestic violence prosecutors. Later chapters apply this general framework in addressing the rights and duties of domestic violence victims to participate in criminal prosecutions and responding to some general objections that might be raised against envisioning the role of domestic-violence-prosecutor-as-feminist.Less
What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This book defends the claim that (within the realm of justified/permissible action) prosecutors should respond effectively; which is to say that ceteris paribus domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. In defending this claim, the book first sets out a general theory of prosecutorial practical reasoning and then considers the prosecution of domestic-violence offences in particular. Along the way, it provides an original account of the nature of prosecutorial action, the values that can be realized through such action, and the relationship between these values and the practical reasoning of criminal prosecutors. Moreover, it provides analyses of two key concepts — domestic violence and patriarchy — and explains the relevance of the latter to a proper understanding of the former. Putting these insights to work in answering the question stated above, this book provides an account of what prosecutors would be justified in doing in such cases and what prosecutors should do in order to be effective as domestic violence prosecutors. Later chapters apply this general framework in addressing the rights and duties of domestic violence victims to participate in criminal prosecutions and responding to some general objections that might be raised against envisioning the role of domestic-violence-prosecutor-as-feminist.
Shazia Choudhry
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0020
- Subject:
- Law, Family Law, Human Rights and Immigration
The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as ...
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The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as witnesses. The impact of the research on the effects of witnessing or experiencing violence on children has not been confined to so-called ‘intact’ families. It has also led to an increased awareness of the continued risks posed to child victims during post separation contact with the abusive parent. The concern is such that it has led to a number of calls for a legal presumption against contact in such cases, such as that adopted in New Zealand. Facilitating post separation contact between a child and a parent has generally been viewed as being in the best interests of the child and as a result is very rarely entirely refused. This chapter assesses the current legal response to the issue within the context of the relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights, and whether the implementation of a legal presumption against contact in cases involving domestic violence would represent a breach of those provisions.Less
The effect of domestic violence upon children has become an issue of serious concern. Research has demonstrated that children can experience domestic violence not only as direct victims but also as witnesses. The impact of the research on the effects of witnessing or experiencing violence on children has not been confined to so-called ‘intact’ families. It has also led to an increased awareness of the continued risks posed to child victims during post separation contact with the abusive parent. The concern is such that it has led to a number of calls for a legal presumption against contact in such cases, such as that adopted in New Zealand. Facilitating post separation contact between a child and a parent has generally been viewed as being in the best interests of the child and as a result is very rarely entirely refused. This chapter assesses the current legal response to the issue within the context of the relevant provisions of the Human Rights Act 1998 and the European Convention on Human Rights, and whether the implementation of a legal presumption against contact in cases involving domestic violence would represent a breach of those provisions.
Michelle Madden Dempsey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562169
- eISBN:
- 9780191705298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562169.003.0008
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This chapter returns to the question which motivates the book's investigation: What should public prosecutors do when victims withdraw their support for the prosecution of domestic-violence cases? In ...
More
This chapter returns to the question which motivates the book's investigation: What should public prosecutors do when victims withdraw their support for the prosecution of domestic-violence cases? In answering this question, the chapter ties together the analyses and arguments set forth in Part II of the book with the account of domestic violence and patriarchy set forth thus far in Part III. Specifically, it argues that within the realm of justifiable (permissible) prosecutorial action, public prosecutors should respond in a way that constitutes the effective prosecution of domestic violence. In practical terms, the chapter seeks to demonstrate why it is important for prosecutors to make a distinction between cases of domestic violence in its strong sense and weak sense and to act on the reasons generated by this distinction.Less
This chapter returns to the question which motivates the book's investigation: What should public prosecutors do when victims withdraw their support for the prosecution of domestic-violence cases? In answering this question, the chapter ties together the analyses and arguments set forth in Part II of the book with the account of domestic violence and patriarchy set forth thus far in Part III. Specifically, it argues that within the realm of justifiable (permissible) prosecutorial action, public prosecutors should respond in a way that constitutes the effective prosecution of domestic violence. In practical terms, the chapter seeks to demonstrate why it is important for prosecutors to make a distinction between cases of domestic violence in its strong sense and weak sense and to act on the reasons generated by this distinction.
Michelle Madden Dempsey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562169
- eISBN:
- 9780191705298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562169.003.0006
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This chapter analyses the conceptual structure of domestic violence and critiques various influential accounts of domestic violence presently operating in the criminal justice system, academia, and ...
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This chapter analyses the conceptual structure of domestic violence and critiques various influential accounts of domestic violence presently operating in the criminal justice system, academia, and domestic-violence advocacy communities. It begins by presenting a preliminary analysis of domestic violence which distinguishes its three key elements: violence, domesticity, and patriarchy. It then sets forth an explanatory model of domestic violence based upon these elements. This model is put to work in an examination and critique of four principal accounts of domestic violence, each of which reflects the conflicting ways in which the concept of domestic violence is used in the language and methodology of the criminal justice system, academia, and advocacy communities. Finally, the chapter endorses a key conceptual distinction between domestic violence in its strong sense (where domestic violence tends to sustain or perpetuate patriarchy) and domestic violence in its weak sense (where it does not).Less
This chapter analyses the conceptual structure of domestic violence and critiques various influential accounts of domestic violence presently operating in the criminal justice system, academia, and domestic-violence advocacy communities. It begins by presenting a preliminary analysis of domestic violence which distinguishes its three key elements: violence, domesticity, and patriarchy. It then sets forth an explanatory model of domestic violence based upon these elements. This model is put to work in an examination and critique of four principal accounts of domestic violence, each of which reflects the conflicting ways in which the concept of domestic violence is used in the language and methodology of the criminal justice system, academia, and advocacy communities. Finally, the chapter endorses a key conceptual distinction between domestic violence in its strong sense (where domestic violence tends to sustain or perpetuate patriarchy) and domestic violence in its weak sense (where it does not).
Neil Websdale
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195315417
- eISBN:
- 9780199777464
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195315417.003.001
- Subject:
- Social Work, Children and Families, Crime and Justice
The opening chapter introduces a sociohistorical approach to the study of familicide, which takes shape against the backdrop of the ethnographic research and social policy work of the author. The ...
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The opening chapter introduces a sociohistorical approach to the study of familicide, which takes shape against the backdrop of the ethnographic research and social policy work of the author. The author discusses the systematic methodology used to gather information on 211 cases of familicide. One of the core arguments of the book is that familicide constitutes one of the many consequences of the emotional conditions of modern life. The author defines modern life and maps the historical emergence of familicide. He discusses the research into familicide, family killing, and homicide, stressing the importance of focusing on emotions as a way of making sense of familicide. In particular, he develops the idea of an emotional continuum as a means of understanding the range of perpetrators' emotional styles.Less
The opening chapter introduces a sociohistorical approach to the study of familicide, which takes shape against the backdrop of the ethnographic research and social policy work of the author. The author discusses the systematic methodology used to gather information on 211 cases of familicide. One of the core arguments of the book is that familicide constitutes one of the many consequences of the emotional conditions of modern life. The author defines modern life and maps the historical emergence of familicide. He discusses the research into familicide, family killing, and homicide, stressing the importance of focusing on emotions as a way of making sense of familicide. In particular, he develops the idea of an emotional continuum as a means of understanding the range of perpetrators' emotional styles.
Heather Nancarrow
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335484
- eISBN:
- 9780199864331
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335484.003.0006
- Subject:
- Social Work, Children and Families, Crime and Justice
In 2000, recommendations from two Australian taskforce investigations highlighted opposing views, seemingly reflecting a racial divide, on the utility of restorative justice as a response to domestic ...
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In 2000, recommendations from two Australian taskforce investigations highlighted opposing views, seemingly reflecting a racial divide, on the utility of restorative justice as a response to domestic violence. Drawing on the literature and semi-structured interviews with Indigenous and non-Indigenous Australian women, this chapter explores this apparent racial divide and seeks to explain the incongruence in the taskforce recommendations. The analysis finds the incongruence is centered on the symbolic meaning each group of women attributes to the role of the state, embodied in the criminal justice system, and differing justice objectives. While the non-Indigenous women fear that restorative justice will reinforce the dominant male paradigm, the Indigenous women are hopeful that it can overcome the limitations of the criminal justice system in achieving both gender and racial equality, though this is contingent on elements that do not exist in current restorative justice models.Less
In 2000, recommendations from two Australian taskforce investigations highlighted opposing views, seemingly reflecting a racial divide, on the utility of restorative justice as a response to domestic violence. Drawing on the literature and semi-structured interviews with Indigenous and non-Indigenous Australian women, this chapter explores this apparent racial divide and seeks to explain the incongruence in the taskforce recommendations. The analysis finds the incongruence is centered on the symbolic meaning each group of women attributes to the role of the state, embodied in the criminal justice system, and differing justice objectives. While the non-Indigenous women fear that restorative justice will reinforce the dominant male paradigm, the Indigenous women are hopeful that it can overcome the limitations of the criminal justice system in achieving both gender and racial equality, though this is contingent on elements that do not exist in current restorative justice models.
Peter G. Jaffe and Claire V. Crooks
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780195309034
- eISBN:
- 9780199863877
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195309034.003.0003
- Subject:
- Social Work, Children and Families, Crime and Justice
This chapter outlines some of the controversies that arise in post-separation parenting plans for couples with a history of domestic violence. The need for comprehensive assessment and differentiated ...
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This chapter outlines some of the controversies that arise in post-separation parenting plans for couples with a history of domestic violence. The need for comprehensive assessment and differentiated intervention strategies for these families is emphasized. Implications for training, community collaboration, and promising future directions are also discussed.Less
This chapter outlines some of the controversies that arise in post-separation parenting plans for couples with a history of domestic violence. The need for comprehensive assessment and differentiated intervention strategies for these families is emphasized. Implications for training, community collaboration, and promising future directions are also discussed.
James Ptacek
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335484
- eISBN:
- 9780199864331
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335484.003.0001
- Subject:
- Social Work, Children and Families, Crime and Justice
This introductory chapter discusses the recent interest in restorative justice among feminist activists and scholars. The interest is in part a response to the co-optation of antiviolence activism by ...
More
This introductory chapter discusses the recent interest in restorative justice among feminist activists and scholars. The interest is in part a response to the co-optation of antiviolence activism by the criminal legal system. Feminist investigations of restorative justice are placed in the context of several other developments in community organizing. This includes the “safety and accountability audit” designed by Ellen Pence, and efforts to address violence against women of color by Incite! Women of Color Against Violence. While many feminists have been critical of using restorative justice for crimes against women, others have found restorative approaches beneficial in these cases, especially when they are adapted to meet the needs of survivors. These three developments—safety audits, organizing around violence against women of color, and restorative justice—present three different challenges to previous forms of antiviolence work.Less
This introductory chapter discusses the recent interest in restorative justice among feminist activists and scholars. The interest is in part a response to the co-optation of antiviolence activism by the criminal legal system. Feminist investigations of restorative justice are placed in the context of several other developments in community organizing. This includes the “safety and accountability audit” designed by Ellen Pence, and efforts to address violence against women of color by Incite! Women of Color Against Violence. While many feminists have been critical of using restorative justice for crimes against women, others have found restorative approaches beneficial in these cases, especially when they are adapted to meet the needs of survivors. These three developments—safety audits, organizing around violence against women of color, and restorative justice—present three different challenges to previous forms of antiviolence work.
Neil Websdale
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195315417
- eISBN:
- 9780199777464
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195315417.003.007
- Subject:
- Social Work, Children and Families, Crime and Justice
The concluding chapter opens with the observation that familicide is an implosive undoing of a uniquely modern set of lineages and interdependencies, mediated through the expectations of romantic ...
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The concluding chapter opens with the observation that familicide is an implosive undoing of a uniquely modern set of lineages and interdependencies, mediated through the expectations of romantic love and liberal parenting. As such, the offense strikes at the heart of modern gender regimes. The author concludes that familicide cases have much to tell us about the way we make sense of and respond to other forms of intimate-partner violence and killing. He recommends greater recognition of the role of emotion in intimate violence and killing and calls for an appreciation of emotion that is at once historical, sociological, and psychological. Recognizing the importance of emotional styles and figurations of feeling provides an alternative to explanations of intimate violence and killing based on the dynamics of power and control. The author explores the implications of such an approach for preventing future violence and intimate killing.Less
The concluding chapter opens with the observation that familicide is an implosive undoing of a uniquely modern set of lineages and interdependencies, mediated through the expectations of romantic love and liberal parenting. As such, the offense strikes at the heart of modern gender regimes. The author concludes that familicide cases have much to tell us about the way we make sense of and respond to other forms of intimate-partner violence and killing. He recommends greater recognition of the role of emotion in intimate violence and killing and calls for an appreciation of emotion that is at once historical, sociological, and psychological. Recognizing the importance of emotional styles and figurations of feeling provides an alternative to explanations of intimate violence and killing based on the dynamics of power and control. The author explores the implications of such an approach for preventing future violence and intimate killing.
William Gardner, Kelly Kelleher, and Kathleen Pajer
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195398465
- eISBN:
- 9780199863426
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195398465.003.0005
- Subject:
- Social Work, Children and Families, Health and Mental Health
This chapter describes the experiences of children who live in families affected by domestic violence. It capitalizes on another unique contribution of NSCAW: information about the vast majority of ...
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This chapter describes the experiences of children who live in families affected by domestic violence. It capitalizes on another unique contribution of NSCAW: information about the vast majority of children who remain in the parental home after a child maltreatment investigation. The high incidence of domestic violence among families involved in child welfare has been a topic of considerable policy interest, with many states beginning to include exposure to domestic violence as one of the circumstances that warrants the child welfare system's substantiation of maltreatment allegations. The chapter shows that recurring maltreatment is indeed of concern in this group, but it also highlights some of the challenges inherent in studying the interaction of domestic violence and child outcomes.Less
This chapter describes the experiences of children who live in families affected by domestic violence. It capitalizes on another unique contribution of NSCAW: information about the vast majority of children who remain in the parental home after a child maltreatment investigation. The high incidence of domestic violence among families involved in child welfare has been a topic of considerable policy interest, with many states beginning to include exposure to domestic violence as one of the circumstances that warrants the child welfare system's substantiation of maltreatment allegations. The chapter shows that recurring maltreatment is indeed of concern in this group, but it also highlights some of the challenges inherent in studying the interaction of domestic violence and child outcomes.
Karel Kurst-Swanger and Jacqueline L. Petcosky
- Published in print:
- 2003
- Published Online:
- January 2009
- ISBN:
- 9780195165180
- eISBN:
- 9780199864966
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195165180.001.0001
- Subject:
- Social Work, Children and Families, Crime and Justice
Violence in the home is one of the most damaging and widespread of social problems. It is an issue that cuts across all socioeconomic, racial, ethnic, gender, and age boundaries. Abuse and neglect ...
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Violence in the home is one of the most damaging and widespread of social problems. It is an issue that cuts across all socioeconomic, racial, ethnic, gender, and age boundaries. Abuse and neglect can be found in all types of families and interpersonal relationships, and can take many forms including emotional, physical, financial, and sexual abuse. This book brings together the scholarly research and professional experience of numerous disciplines and reviews theoretical explanations. Taking a unique approach to defining family, it examines the complex, multidimensional phenomena of family violence. To further broaden an understanding of interpersonal violence, the book addresses violence against pseudo families, animals, siblings, and parents. It investigates the evolution of systems and institutions that interact with families and are mandated to provide protection and services, and explores the current debates surrounding public policy. In addition, the book explores the role of power in abusive relationships and considers the short- and long-term consequences of abuse. Also discussed are potential solutions for violence prevention.Less
Violence in the home is one of the most damaging and widespread of social problems. It is an issue that cuts across all socioeconomic, racial, ethnic, gender, and age boundaries. Abuse and neglect can be found in all types of families and interpersonal relationships, and can take many forms including emotional, physical, financial, and sexual abuse. This book brings together the scholarly research and professional experience of numerous disciplines and reviews theoretical explanations. Taking a unique approach to defining family, it examines the complex, multidimensional phenomena of family violence. To further broaden an understanding of interpersonal violence, the book addresses violence against pseudo families, animals, siblings, and parents. It investigates the evolution of systems and institutions that interact with families and are mandated to provide protection and services, and explores the current debates surrounding public policy. In addition, the book explores the role of power in abusive relationships and considers the short- and long-term consequences of abuse. Also discussed are potential solutions for violence prevention.
Karel Kurst-Swanger and Jacqueline L. Petcosky
- Published in print:
- 2003
- Published Online:
- January 2009
- ISBN:
- 9780195165180
- eISBN:
- 9780199864966
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195165180.003.0004
- Subject:
- Social Work, Children and Families, Crime and Justice
This chapter explores the unique characteristics of violence between intimate partners. It begins with an overview of the trends that have guided the salience of domestic violence intervention ...
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This chapter explores the unique characteristics of violence between intimate partners. It begins with an overview of the trends that have guided the salience of domestic violence intervention throughout history. The evolution of intervention strategies are discussed, including the institutionalization of advocacy and services for victims, police and court responses, and legislative reform. The chapter examines abuse in intimate relationships in more depth, focusing on special populations such as gay and lesbian couples, elderly couples, and men as victims. It also reviews the different forms of abuse often found in intimate partner relationships such as emotional, physical, and sexual abuse; stalking, homicide, and parental kidnapping. It concludes with a discussion of some of the key consequences of intimate partner violence including: poverty, homelessness, physical and psychological injury, and the impact such abuse has on children.Less
This chapter explores the unique characteristics of violence between intimate partners. It begins with an overview of the trends that have guided the salience of domestic violence intervention throughout history. The evolution of intervention strategies are discussed, including the institutionalization of advocacy and services for victims, police and court responses, and legislative reform. The chapter examines abuse in intimate relationships in more depth, focusing on special populations such as gay and lesbian couples, elderly couples, and men as victims. It also reviews the different forms of abuse often found in intimate partner relationships such as emotional, physical, and sexual abuse; stalking, homicide, and parental kidnapping. It concludes with a discussion of some of the key consequences of intimate partner violence including: poverty, homelessness, physical and psychological injury, and the impact such abuse has on children.
Loretta Frederick and Kristine C. Lizdas
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335484
- eISBN:
- 9780199864331
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335484.003.0002
- Subject:
- Social Work, Children and Families, Crime and Justice
Both the restorative justice movement and the battered women’s movement challenge perceived failures of the mainstream criminal legal system. Additionally, these reform movements share certain ...
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Both the restorative justice movement and the battered women’s movement challenge perceived failures of the mainstream criminal legal system. Additionally, these reform movements share certain underlying social objectives regarding crime: (a) to restore victims of crime; (b) to prevent individual offenders from re-offending; (c) to promote the role of the community in responding to crime; and (d) to address the social context in which crime is committed. However, for various and substantial reasons, both movements fall short of offering alternative responses to crime that are truly restorative for all victims of domestic violence. This chapter explores the commonalities and shortcomings of each movement’s response to domestic violence. Ultimately, the chapter highlights the unique opportunity presented by the intersection of these two movements to contemplate and envision practices that are more effective for communities, redemptive for offenders, and liberating for victims of domestic violence and their children.Less
Both the restorative justice movement and the battered women’s movement challenge perceived failures of the mainstream criminal legal system. Additionally, these reform movements share certain underlying social objectives regarding crime: (a) to restore victims of crime; (b) to prevent individual offenders from re-offending; (c) to promote the role of the community in responding to crime; and (d) to address the social context in which crime is committed. However, for various and substantial reasons, both movements fall short of offering alternative responses to crime that are truly restorative for all victims of domestic violence. This chapter explores the commonalities and shortcomings of each movement’s response to domestic violence. Ultimately, the chapter highlights the unique opportunity presented by the intersection of these two movements to contemplate and envision practices that are more effective for communities, redemptive for offenders, and liberating for victims of domestic violence and their children.
Michelle L. Meloy and Susan L. Miller
- Published in print:
- 2010
- Published Online:
- May 2012
- ISBN:
- 9780199765102
- eISBN:
- 9780199944187
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199765102.003.0014
- Subject:
- Sociology, Law, Crime and Deviance
This chapter investigates the consequences of policies for victims of crime using examples drawn from the larger political arena. As the state becomes more involved in regulating citizens' lives, ...
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This chapter investigates the consequences of policies for victims of crime using examples drawn from the larger political arena. As the state becomes more involved in regulating citizens' lives, there is a potential for new policies to cause unintended harm to crime victims. The chapter explores dilemmas faced by battered women as a result of new crime prevention policies and legal protections related to public housing, welfare reform, and civil forfeiture cases. Further, using data gathered from women arrested on domestic violence charges, the chapter questions the appropriateness of relying on an incident-driven criminal justice system to determine appropriate responses to the use of force, especially when women's use of force in intimate relationships may be more self-defensive than aggressive.Less
This chapter investigates the consequences of policies for victims of crime using examples drawn from the larger political arena. As the state becomes more involved in regulating citizens' lives, there is a potential for new policies to cause unintended harm to crime victims. The chapter explores dilemmas faced by battered women as a result of new crime prevention policies and legal protections related to public housing, welfare reform, and civil forfeiture cases. Further, using data gathered from women arrested on domestic violence charges, the chapter questions the appropriateness of relying on an incident-driven criminal justice system to determine appropriate responses to the use of force, especially when women's use of force in intimate relationships may be more self-defensive than aggressive.
Julie Stubbs
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335484
- eISBN:
- 9780199864331
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335484.003.0005
- Subject:
- Social Work, Children and Families, Crime and Justice
This chapter reviews debates about the use of Restorative Justice (RJ) for gendered violence, such as domestic violence or family violence. It identifies theoretical and empirical limitations to the ...
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This chapter reviews debates about the use of Restorative Justice (RJ) for gendered violence, such as domestic violence or family violence. It identifies theoretical and empirical limitations to the capacity of generic models of RJ to promote victim interests for offences related to violence against women. Part 2 considers gendered violence in Indigenous communities and notes that research and commentary often fails to recognize Indigenous women’s needs and interests. It concludes that the best way forward is to move beyond oppositional contrasts between RJ and criminal justice to develop hybrid models that adopt anti-subordination as a principle, supported by the requisite resources to protect that end, in working towards safe and just outcomes.Less
This chapter reviews debates about the use of Restorative Justice (RJ) for gendered violence, such as domestic violence or family violence. It identifies theoretical and empirical limitations to the capacity of generic models of RJ to promote victim interests for offences related to violence against women. Part 2 considers gendered violence in Indigenous communities and notes that research and commentary often fails to recognize Indigenous women’s needs and interests. It concludes that the best way forward is to move beyond oppositional contrasts between RJ and criminal justice to develop hybrid models that adopt anti-subordination as a principle, supported by the requisite resources to protect that end, in working towards safe and just outcomes.
Julie Hardwick
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199558070
- eISBN:
- 9780191721038
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199558070.003.0006
- Subject:
- History, European Early Modern History
This chapter interrogates the economies of family violence as time‐, place‐, rank‐ and gender‐specific. Attitudes towards, and experiences of, violence, as well as material, cultural, and legal ...
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This chapter interrogates the economies of family violence as time‐, place‐, rank‐ and gender‐specific. Attitudes towards, and experiences of, violence, as well as material, cultural, and legal issues, shaped expressions of domestic violence, the choices victims made, and neighbourhood responses. The chapter examines both husbands' abuse of wives as well as other forms of family violence. Key themes in all forms of family violence included a community discourse about when the use of force was appropriate and when it was abusive, a willingness or relutance to use publicity, and judgement by neighbours about when and how intervention might be warranted. Yet while striking similarities existed among all forms of family violence, participants and neighbours responded differently, depending on the identity and status of the victim of battery.Less
This chapter interrogates the economies of family violence as time‐, place‐, rank‐ and gender‐specific. Attitudes towards, and experiences of, violence, as well as material, cultural, and legal issues, shaped expressions of domestic violence, the choices victims made, and neighbourhood responses. The chapter examines both husbands' abuse of wives as well as other forms of family violence. Key themes in all forms of family violence included a community discourse about when the use of force was appropriate and when it was abusive, a willingness or relutance to use publicity, and judgement by neighbours about when and how intervention might be warranted. Yet while striking similarities existed among all forms of family violence, participants and neighbours responded differently, depending on the identity and status of the victim of battery.
Michelle Madden Dempsey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562169
- eISBN:
- 9780191705298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562169.003.0001
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This introductory chapter explains the context in which the author of this book became intrigued by the moral questions raised by domestic-violence prosecution and the tools employed in this book to ...
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This introductory chapter explains the context in which the author of this book became intrigued by the moral questions raised by domestic-violence prosecution and the tools employed in this book to explore such questions. It unpacks some underlying assumptions which animate the book's approach to this topic and explains the book's methodology of feminist practical reasoning. Importantly, this chapter sets out the central question that motivates the investigation undertaken in this book: What should public prosecutors do when victims withdraw their support for the prosecution of domestic violence cases? Finally, the chapter provides an analysis of different types of victim withdrawal from prosecutions and provides a brief introduction to the debates surrounding so-called ‘victimless’ prosecution of domestic violence.Less
This introductory chapter explains the context in which the author of this book became intrigued by the moral questions raised by domestic-violence prosecution and the tools employed in this book to explore such questions. It unpacks some underlying assumptions which animate the book's approach to this topic and explains the book's methodology of feminist practical reasoning. Importantly, this chapter sets out the central question that motivates the investigation undertaken in this book: What should public prosecutors do when victims withdraw their support for the prosecution of domestic violence cases? Finally, the chapter provides an analysis of different types of victim withdrawal from prosecutions and provides a brief introduction to the debates surrounding so-called ‘victimless’ prosecution of domestic violence.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0010
- Subject:
- Philosophy, Feminist Philosophy
Cases illustrating variables relevant to violence toward children, pregnant women, and the elderly, as well as gender discrimination and sexual harassment are presented, stressing the impact of these ...
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Cases illustrating variables relevant to violence toward children, pregnant women, and the elderly, as well as gender discrimination and sexual harassment are presented, stressing the impact of these situations on women’s health. For each topic, empirical and theoretical factors are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”, i.e., women as patients. With regard to pregnant women, implications of different positions about moral status of fetuses are also considered.Less
Cases illustrating variables relevant to violence toward children, pregnant women, and the elderly, as well as gender discrimination and sexual harassment are presented, stressing the impact of these situations on women’s health. For each topic, empirical and theoretical factors are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”, i.e., women as patients. With regard to pregnant women, implications of different positions about moral status of fetuses are also considered.
Michelle Madden Dempsey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562169
- eISBN:
- 9780191705298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562169.003.0002
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This chapter examines and rejects two ways of answering the question: What should public prosecutors do when victims withdraw their support for the prosecution of domestic-violence cases? The first ...
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This chapter examines and rejects two ways of answering the question: What should public prosecutors do when victims withdraw their support for the prosecution of domestic-violence cases? The first answer claims that prosecutors should simply do whatever the law requires of them. This answer is inadequate insofar as it assumes a degree of ruliness in prosecutorial decision-making which is inconsistent both with the principle of opportunity, and insofar as it rests on a mistaken assumption that legal rules provide fully determined answers to legal questions. A slightly more promising answer to the above question draws upon the framework provided by the distinction between the public and private spheres. While this approach is significantly more promising than the first, it too proves inadequate due to the public/private dichotomy's tendency to obscure rather than illuminate the very values upon which it is grounded.Less
This chapter examines and rejects two ways of answering the question: What should public prosecutors do when victims withdraw their support for the prosecution of domestic-violence cases? The first answer claims that prosecutors should simply do whatever the law requires of them. This answer is inadequate insofar as it assumes a degree of ruliness in prosecutorial decision-making which is inconsistent both with the principle of opportunity, and insofar as it rests on a mistaken assumption that legal rules provide fully determined answers to legal questions. A slightly more promising answer to the above question draws upon the framework provided by the distinction between the public and private spheres. While this approach is significantly more promising than the first, it too proves inadequate due to the public/private dichotomy's tendency to obscure rather than illuminate the very values upon which it is grounded.
