Allowing a Defence to Those Who Commit Crime Under Coercive Control

2021 ◽  
pp. 002201832110505
Author(s):  
Amy Elkington
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Abused Women ◽  
Coercive Control ◽  
The Commons

Abused women who are coerced to commit crime have no adequate legal defence. Historically, martial coercion may have been pled, but since its repeal and lack of replacement, abused women have been left without adequate protection in the criminal justice system. Duress would seem to be the logical defence in such a situation, but its construction by the courts means that women are still left with no defence. If a woman resists the coercion to commit crime, and instead protects herself against the abuse, she will equally have no suitable defence. Parliament were presented with the opportunity to rectify this problem when passing the Domestic Abuse Act 2021, but despite the Lords’ support, proposals were rejected by the Commons. Whilst research shows that crime committed under coercive control is not an insignificant problem, the current law does not protect some of the most vulnerable from prosecution.

scholarly journals Assessing and addressing domestic abuse by Ex-armed service personnel

2018 ◽  
Vol 65 (2) ◽  
pp. 201-218 ◽  
Author(s):  
Iolo Madoc-Jones ◽  
Nikki Lloyd-Jones ◽  
Emyr Owen ◽  
Caroline Gorden
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Potential Problem ◽  
Domestic Abuse ◽  
Military Culture ◽  
Service Personnel ◽  
Default Option ◽  
Armed Service

In the context that separate peer-led services are increasingly being developed to meet the needs of Ex-armed service personnel (Ex-asp) in the criminal justice system, we explore whether such services should also be developed to address any tendencies towards domestic abuse. Based on interviews with 12 imprisoned Ex-asp and 10 service-affiliated informants working with them, we found domestic abuse is not always recognized as a potential problem for Ex-asp. Nonetheless, respondents suggested that interventions to address the potential for domestic abuse by some Ex-asp would be useful and legitimate if they are provided by those with service affiliations. Considering our findings, however, we strike a note of caution about separate and peer-led approaches becoming the default option for working with Ex-asp in the criminal justice system. We suggest the gendered nature of military culture may be associated with concerns about the implications of re-engaging Ex-asp with their military identities. Moreover, being steeped in military culture, we suggest that without training some service-affiliated staff may be unsighted on important aspects of the role gender expectancies play in domestic abuse and poorly placed to respond appropriately to this type of offending.

Male Domestic Abuse: The Continuing Contrast Between Women's Experiences and Juridical Responses

1995 ◽  
Vol 10 (1) ◽  
pp. 65-89 ◽  
Author(s):  
Rosanna Langer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Reform Initiatives ◽  
Institutional Responses ◽  
Women’S Perceptions ◽  
Definition Of ◽  
Perceptions Of Abuse ◽  
Systemic Responses

AbstractWomen's perceptions of abuse differ deeply from official characterizations of them and are largely absent from legal discourse on male domestic abuse despite two decades of reform initiatives. This article traces the enforcement of male domestic dominance and violence through the failures of the criminal justice system to incorporate women's perspectives in systemic responses to male spouse batterers. I argue that it is factors such as official labelling of abuse by the juridical system, including police, which determine whether abuse is ‘officially’ recognized as such and whether the male violent family is stabilized by policies, practices, and non-intervention. This interaction between definitions and institutional responses makes it crucial to understand how women define their own experiences of abuse. The article concludes that male domestic abuse remains a contested area of juridical understandings and practices. Insofar as the ‘official’ definition of her situation impacts on the abused woman's self-perception, and on her access to resources she might use to get out of danger, it determines the organization of ‘domestic abuse’ as well.

scholarly journals Abused Women's Perspectives on the Criminal Justice System's Response to Domestic Violence

2007 ◽  
Vol 31 (2) ◽  
pp. 202-215 ◽  
Author(s):  
Paula C. Barata
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Q Methodology ◽  
The Other ◽  
Small Subset ◽  
Abused Women ◽  
Study Participants ◽  
Women’S Views

This study used Q methodology to better understand battered women's views about the criminal justice system (CJS). Fifty-eight abused and formerly abused women, representing a broad range of experiences, were involved in the study. Participants sorted 72 statements about domestic violence and the CJS according to how strongly they agreed with each one in relation to the other statements. A small subset of women was interviewed to help illuminate the emerging perspectives. Five perspectives that are new in both their complexity and in their substance were identified: (1) The CJS can be trusted; (2) The CJS has potential, but is ultimately disappointing to victims; (3) Victims should have input into the CJS and be sure they want to use it; (4) The CJS cannot protect women and can make matters worse; and (5) The CJS should be used for her safety, for his rehabilitation, and for justice despite its problems.

scholarly journals Cooperative actors in domestic abuse and their association with prosecution: implications for the criminal justice system

2020 ◽  
pp. 0032258X2093192
Author(s):  
Nathan Birdsall ◽  
Stuart Kirby ◽  
Rebecca Phythian
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Physical Evidence ◽  
Evidence Gathering ◽  
A Charge ◽  
The Impact

Suggestions to increase prosecution rates in domestic abuse cases often focus on improving victim cooperation and evidence gathering. This study explores the impact of persons involved in abuse investigations by modelling five variables (victim cooperation; witness cooperation; presence of children; suspect admission; and presence of physical evidence) across 540 cases of domestic abuse. The presence of physical evidence, as well as victim and witness cooperation, all increased the likelihood of a charge against the suspect. However, suspect confession often resulted in a police caution, meaning no successful charge. The implications of these findings to improve investigation and prosecution are discussed.

‘A qualitative investigation into the impact of domestic abuse on women’s desistance’: A practitioner’s response

2020 ◽  
Vol 67 (4) ◽  
pp. 447-453
Author(s):  
Rachel Reed
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Cultural Barriers ◽  
Qualitative Investigation ◽  
Desistance From Crime ◽  
The Impact ◽  
The Way

This article is a response to Barr and Christian’s article ‘A qualitative investigation into the impact of domestic abuse on women’s desistance’. Based on the findings of two separate but interlinked projects considering women’s qualitative desistance experiences in the community, Barr and Christian argue for a reframing of desistance from crime as desistance from harm when working with women in the criminal justice system. This article seeks to consider this reframing in terms of probation practice and contemplates some of the structural and cultural barriers which may currently stand in the way.

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