Women, Domestic Violence, and the Criminal Justice System

Author(s):  
Lenore E. A. Walker ◽  
Carlye B. Conte

This chapter describes women’s experiences of recent justice reforms intended to enhance the effectiveness of criminal justice interventions in incidents of domestic battering, specifically mandatory arrest laws and no-drop policies. Domestic violence is a form of complex trauma that is associated with poor mental and physical health outcomes. This chapter discusses how trauma-related symptoms explain women’s responses to physical, emotional, and psychological abuse as well as their ambivalent attitudes towards the justice and mental health systems. It also highlights the way racial and gender stereotypes, poverty, immigration status, and fear of social rejection constitute barriers to seeking help. Lastly, this chapter highlights the principles of a gender-responsive, trauma-informed approach to the treatment of female survivors of domestic violence.

2021 ◽  
pp. 104-134
Author(s):  
Maddalena Cannito ◽  
Anna Odrowąż-Coates

In this paper we claim that gender attitudes towards fatherhood and parental practice, change quicker than attitudes of Polish society towards domestic violence (DV) and gender stereotypes. In the literary review we used an interpretative approach, embedded in Michael Rush’s (2015) theoretical framework, based on the Nordic turn in social policy and the convergence and divergence of fathering across cultures (Seward & Rush, 2016). Focusing on an empirical case study a questionnaire directed to future teachers was used as a method of data collection, to interlink attitudes towards fatherhood, masculinity/femininity archetypes and violence in intimate relationships. Gender stereotypes as well as attitudes towards DV and paternal involvement are strongly interconnected, and yet social change in these areas occurs at varied speeds in each field, due to the differences in which society accepts new norms. Whilst many studies suggest that involved fathers have a positive impact, leading to a decrease in violent behaviour, we take this further, demonstrating that change in fatherhood patterns has a positive impact on decreasing the social tolerance of DV. However, as our study shows this must be accompanied by changes in gender stereotypes, including attitudes towards fatherhood.


2021 ◽  
pp. 319-328
Author(s):  
Bettina Pfleiderer ◽  
Paulina Juszczyk

Rigid gender roles and gender stereotypes can limit both women's and men's choices, opportunities and access to power and resources. While both sexes suffer from domestic violence, women are more likely to experience repeated and severe forms of abuse, including sexual violence. However, the concept of gender goes beyond numbers, and it is an important human factor that is not integrated sufficiently in existing training, risk assessment tools and procedures. Understanding the gendered nature of domestic violence, but nevertheless taking into account that both men and women can suffer from violence, or be perpetrators, enables front-line responders to develop services that are sensitive to the different needs of individuals affected by domestic violence (DV). This chapter introduces the principles of innovative gender-sensitive training and education for various front-line responder groups. This chapter explains the reasons for it and how the gender norms and perceptions identified in the IMPRODOVA research, which may have a negative impact on front-line responders' responses to DV, were addressed in all IMPRODOVA instruments and guidelines in teaching formats.


Author(s):  
Jonathan Schwartz ◽  
Jennifer Bahrman

This chapter takes the theoretical perspective of the psychology of men to describe how the criminal justice system operates in ways that perpetuate men’s dominance and reproduce gender bias. Prostitution and human trafficking are used as examples to discuss men’s role in the judicial management of these key social issues. The concepts of hegemonic masculinity, gender role socialization, and gender role strain are discussed in relation to men’s attitudes and behaviors towards women involved in prostitution. They also help to explain men’s legal invisibility and lack of legal accountability in the sex trade. This chapter examines current efforts to involve male consumers of illegal sex services in the prevention of prostitution and sex trafficking. It also argues for a preventative, male-focused approach to women’s crimes that places responsibility on men to change their beliefs about gender roles.


2017 ◽  
Author(s):  
Erin R. Collins

Our criminal justice system promises defendants a fair and just adjudication of guilt, regardless of the character of the alleged offense. Yet, from mandatory arrest to "no-drop" prosecution policies, the system's front-end response to domestic violence reflects the belief that it differs from other crimes in ways that permit or require the adaptation of criminal justice response mechanisms. Although scholars debate whether these differential responses are effective or normatively sound, the scholarship leaves untouched the presumption that, once the adjudicatory phase is underway, the system treats domestic violence offenses like any other crime.This Article reveals that this presumption is false. It demonstrates that many jurisdictions have adopted specialized evidence rules that authorize admission of highly persuasive evidence of guilt in domestic violence prosecutions that would be inadmissible in other criminal cases. These jurisdictions unmoor evidence rules from their justificatory principles to accommodate the same iteration of domestic violence exceptionalism that underlies specialized front-end criminal justice policies. The Article argues that even though such evidentiary manipulation may be effective in securing convictions, enlisting different evidence rules in our war on domestic violence is unfair to defendants charged with such offenses and undermines the integrity of the criminal justice system. It also harms some of the people the system seeks to protect by both reducing the efficacy of the criminal justice intervention and discrediting those complainants who do not support prosecution.


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