scholarly journals Using the justice system as a ‘magic wand:’ lessons from victims of domestic violence in Buenos Aires (Argentina)

2021 ◽  
pp. 1-21
Author(s):  
Julieta Marotta
Keyword(s):  
Domestic Violence ◽  
Justice System ◽  
Buenos Aires ◽  
Magic Wand

scholarly journals Race, Battered Women, and the Criminal Justice System

2015 ◽  
Vol 1 (1) ◽  
pp. 13-21
Author(s):  
Harini Kav
Keyword(s):  
Domestic Violence ◽  
Social Movements ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Justice System ◽  
Criminal Case ◽  
Gender Biases ◽  
Legislative Changes ◽  
Domestic Violence Survivors

This paper looks at the criminal case of Deborah Peagler and the California habeas law and explores the effectiveness of legislative changes to domestic battery laws as a mechanism for change in the criminal justice system in regards to its treatment of domestic violence survivors accused of committing a crime against their abuser. It focuses on the androcentric and racialized nature of the criminal justice system and argues that while legislative changes brought about by social movements facilitate opportunities for women like Peagler to pursue just outcomes, they do not counter the gender biases prevalent in the justice system and, alone, are insufficient in improving the treatment of domestic violence survivors in the criminal justice system.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals Helpful tools for criminal prosecution in domestic violence cases: Some ideas from the United States of America

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 67-71
Author(s):  
Katie Zoglin
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Law Enforcement ◽  
Support Services ◽  
Justice System ◽  
The United States ◽  
Criminal Prosecution ◽  
Restraining Orders ◽  
Care Workers ◽  
Victim Support

In this paper author presents three instruments that have been proven helpful in domestic violence prosecutions in the United States, particularly in California: (1) laws, (2) inter-agency protocols, and (3) victim support services. Prosecutors have found that certain laws have been helpful in domestic violence prosecutions. These include restraining orders, criminal penalties for violations of restraining orders, and evidence code provisions permitting certain kinds of testimony. Second, many jurisdictions in California have drafted inter-agency protocols. The purpose of these protocols is to help law enforcement, health care workers, and social workers in gathering evidence relating to domestic violence cases. Finally, most victims are not familiar with the criminal justice system many are nervous about going to court for domestic violence cases, for a variety of reasons. As a result, many jurisdictions have established victim support services.

Prosecuting controlling or coercive behaviour in England and Wales: Media reports of a novel offence

2019 ◽  
pp. 174889581988094
Author(s):  
Paul McGorrery ◽  
Marilyn McMahon
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Empirical Evaluation ◽  
Primary Data ◽  
Diverse Range ◽  
England And Wales ◽  
Gender And Age ◽  
Media Reports

The offence of controlling or coercive behaviour came into effect in England and Wales in December 2015, and related offences have since been enacted in Scotland and Ireland. To date, there has been almost no empirical evaluation of the operationalisation of the new English and Welsh offence. This article fills that gap by analysing media reports relating to 107 individuals convicted of controlling or coercive behaviour, providing a profile of offenders and victims (gender and age), the types of abusive behaviours offenders engaged in and how the cases progressed through the criminal justice system (manner of conviction, sentencing outcomes). Media reporting of these cases is also discussed. The results suggest that the offence is (appropriately) operationalised in a highly gendered manner, that it has captured a diverse range of behaviours that would not previously have been considered criminal, and that media reports of this form of domestic violence have not demonstrated the negativity towards victims identified in previous studies. Further research of primary data is required to confirm these findings.

4. Domestic Violence

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Justice System ◽  
Family Law ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
The Family ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.

scholarly journals Domestic Violence Court: A New Model To Combat Domestic Violence Against Women In Malaysia

2016 ◽  
Author(s):  
Nazli Mahdzir ◽  
Aspalella A Rahman ◽  
Asmar Abdul Rahim ◽  
Che Thalbi Md Ismail
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Justice System ◽  
Analytical Approach ◽  
Criminal Court ◽  
Domestic Violence Against Women ◽  
Suggested Keywords ◽  
Domestic Violence Court ◽  
Set Up ◽  
Keywords Domestic Violence

Domestic violence is a social epidemic in Malaysia. To combat this, the Domestic Violence Act 1994 and the Domestic Violence (Amendment) Act 2012 has set up a mechanism via the Malaysian criminal justice system to investigate reports, prosecute the perpetrators and protect the victims of domestic violence. Unfortunately, the mechanism has been viewed with disfavor by many. This paper attempts to critically appraise the effectiveness of the mechanism and subsequently propose an alternative method to better deal with domestic violence cases. Applying a descriptive and analytical approach in data analysis, the paper concluded that the mechanism currently being implemented in dealing with domestic violence cases is ineffective and ineffectual. Therefore a specialized court (instead of the current criminal court) which deals specifically with domestic violence is suggested. Keywords: Domestic violence; women;  domestic violence court

Sign in / Sign up

Export Citation Format

Share Document