scholarly journals Aligning policy and law? The creation of a domestic abuse offence incorporating coercive control

2018 ◽  
Vol 18 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Michele Burman ◽  
Oona Brooks-Hay

Since 2000, the Scottish Government has adopted a gendered definition of domestic abuse which explicitly positions it as both a cause and a consequence of gender inequality. Following the launch of a new strategy to prevent and eradicate violence against women and girls, the Scottish Government announced proposals to create, for the first time, a bespoke offence of domestic abuse, designed to encompass the spectrum of abusive acts that constitute domestic abuse, including emotional and psychological abuse. The new offence is intended to better reflect the experience of victims subject to coercive control, improve the criminal justice response and facilitate access to justice. It represents one of the most radical attempts yet to align the criminal justice response with contemporary policy and feminist conceptual understanding of domestic abuse as a form of coercive control. Drawing on feminist scholarship which has interrogated the value of law reform, we critically assess the scope of the legislation, the likely challenges associated with its use in the Scottish context, and the potential for unintended consequences.

2021 ◽  
pp. 002201832110505
Author(s):  
Amy Elkington

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.


Author(s):  
Khắc Hải Nguyễn

Research clarifies basic issues related to victims of crime as a social and legal phenomenon. Study gives definition of victims of crime, analyses victimization and its causes developed rely on theories as lifestyle model, routine activity approach and opportunity. Besides, the article studies international standard and the rights of victims like access to justice and fair treatment, restitution, compensation, and assistance. The role of victims of crime in criminal justice system and government’s responsibility are also core issues mentioned in the research. 


Author(s):  
Rosanna Langer

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.


2017 ◽  
Author(s):  
Wanxin Wang ◽  
Lolita Penland ◽  
Ozgun Gokce ◽  
Derek Croote ◽  
Stephen Quake

AbstractBackgroundHigh-fidelity preservation strategies for primary tissues are in great demand in the single cell RNAseq community. A reliable method will greatly expand the scope of feasible collaborations and maximize the utilization of technical expertise. When choosing a method, standardizability is as important a factor to consider as fidelity due to the susceptibility of single-cell RNAseq analysis to technical noises. Existing approaches such as cryopreservation and chemical fixation are less than ideal for failing to satisfy either or both of these standards.ResultsHere we propose a new strategy that leverages preservation schemes developed for organ transplantation. We evaluated the strategy by storing intact mouse kidneys in organ transplant preservative solution at hypothermic temperature for up to 4 days (6 hrs, 1, 2, 3, and 4 days), and comparing the quality of preserved and fresh samples using FACS and single cell RNAseq. We demonstrate that the strategy effectively maintained cell viability, transcriptome integrity, cell population heterogeneity, and transcriptome landscape stability for samples after up to 3 days of preservation. The strategy also facilitated the definition of the diverse spectrum of kidney resident immune cells, to our knowledge the first time at single cell resolution.ConclusionsHypothermic storage of intact primary tissues in organ transplant preservative maintains the quality and stability of the transcriptome of cells for single cell RNAseq analysis. The strategy is readily generalizable to primary specimens from other tissue types for single cell RNAseq analysis.


2020 ◽  
pp. 174889582094960
Author(s):  
Heather Douglas ◽  
Robin Fitzgerald

Non-fatal strangulation is commonly reported by women who have experienced intimate partner violence and it has been identified as both an immediate risk to health and life but also a risk for future serious harm and even death. While some Australian states and Canada have followed the lead of American states in introducing criminal offences of non-fatal strangulation the United Kingdom is yet to do so. Non-fatal strangulation offences have come with challenges of definition and identification. The success of criminal justice responses requires an understanding of the ways in which women understand and describe their non-fatal strangulation victimisation. We analyse 24 women’s experiences of non-fatal strangulation as a basis for considering how to ensure that jurisdictions considering introduction of a new non-fatal strangulation offence or reform of an existing offence do not reproduce obstacles to prosecution and legal recognition and suggest a model definition of non-fatal strangulation for an offence.


Author(s):  
William A. Schabas

Today’s elaborate system of international criminal justice originates in proposals at the end of the First World War to try Kaiser Wilhelm II before an international criminal tribunal. In the weeks following 11 November 1918, the British, French, and Italian Governments agreed on a trial. Lloyd George campaigned for re-election on the slogan ‘Hang the Kaiser’. The Kaiser had fled to the Netherlands, possibly after receiving signals from the Dutch Queen that he would be welcome. Renegade US soldiers led by a former Senator failed in a bizarre attempt to take him prisoner and bring him to Paris. During the Peace Conference, the Commission on Responsibilities brought international lawyers together for the first time to debate international criminal justice. They recommended trial of the Kaiser by an international tribunal for war crimes, but not for starting the war or violating Belgian neutrality. The Americans were opposed to any prosecution. However, President Wilson changed his mind and agreed to trial for a ‘supreme offence against international morality’. This became a clause in the Treaty of Versailles, one of the few that the Germans tried to resist. Although the Allies threatened a range of measures if the former Emperor was not surrendered, the Dutch refused and the demands were dropped in March 1920. The Kaiser lived out his life in a castle near Utrecht, dying of natural causes in June 1941. Hitler sent a wreath to the funeral.


2021 ◽  
pp. 001112872199934
Author(s):  
Jacqueline M. Chen ◽  
Adam D. Fine ◽  
Jasmine B. Norman ◽  
Paul J. Frick ◽  
Elizabeth Cauffman

Adults’ facial characteristics predict whether and how severely they are sentenced in the adult criminal justice system. We investigate whether characteristics of White and Latinx male youths’ faces predict the severity of their processing in the juvenile justice system. Among a sample of first-time offenders, despite no differences in the severity of their offenses, youth who were perceived by naïve observers as more dominant, less trustworthy, less healthy, and having darker skin were more likely to receive harsher sanctions. Thus, extralegal factors like appearance may bias legal decisions that place some youth at increased risk for more restrictive sanctioning. Our findings highlight the need for structured approaches to juvenile processing decisions that take youths’ appearance out of the picture.


2021 ◽  
Vol 28 (1) ◽  
pp. 36-47
Author(s):  
Jacek Moskalewicz ◽  
Katarzyna Dąbrowska ◽  
Maria Dich Herold ◽  
Franca Baccaria ◽  
Sara Rolando ◽  
...  

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