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.

Insurgent safety: Theorizing alternatives to state protection

2017 ◽  
Vol 23 (1) ◽  
pp. 43-59 ◽  
Author(s):  
Meghan G McDowell
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Alternative Model ◽  
Justice System ◽  
Public Safety ◽  
The United States ◽  
Dominant Model ◽  
Police Violence ◽  
Social Good ◽  
State Protection

In the United States, public safety is embraced as an unquestioned social good. Broadly speaking, the criminal justice system is tasked with administering and maintaining public safety through the use of law enforcement, the courts, and prisons. First, through a focus on racialized police violence, this article develops a critique of the dominant model of public safety practiced in the United States—identified herein as ‘carceral safety’. Second, through an analysis of findings from the (Re)imagining Public Safety Project (RPSP), this article seeks to sketch out an alternative model and practice of safety that does not rely on banishment, policing, or mass criminalization. In contradistinction to the forms of state protection exercised under the seemingly innocuous rhetoric of ‘public safety’, RPSP participants conceptualized what I am calling ‘insurgent safety’: locally determined, anti-capitalist practices and ethics for reducing, and responding to harm.

Response to the Victims of Domestic Violence: Analysis and Implications of the British Experience

1995 ◽  
Vol 41 (4) ◽  
pp. 527-540 ◽  
Author(s):  
Diane C. Dwyer
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Great Britain ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Lower Amount ◽  
Feminist Movement ◽  
Stranger Violence

This article examines the problem of domestic violence in Great Britain. Two characteristics set Great Britain apart from the United States: it has a much stronger feminist movement, and a much lower level of stranger-to-stranger violence. The lower amount of violence in the culture and the stronger feminist movement may have changed the public's willingness to engage in domestic violence and may have made the British criminal justice system more progressive in its response. Through a review of the literature and observation of the system, this study highlights the prevalence of domestic violence and the role of the British criminal justice system in processing domestic violence cases. It finds that the prevalence rate of domestic violence is quite similar to the United States, and the British system has been less progressive in its response. Explanations that point to the level of violence in a culture and the feminist movement receive little support in this analysis.

Classifying Far-Right Groups as Gangs

Contexts ◽  
2021 ◽  
Vol 20 (4) ◽  
pp. 74-75
Author(s):  
Matthew Valasik ◽  
Shannon E. Reid
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Street Gangs ◽  
Foreseeable Future ◽  
Far Right ◽  
Policy Makers

The uneven response by law enforcement has resulted in the overall under-policing of far-right groups. Policy makers and the broader criminal justice system need consider proactive approaches if the goal is to prevent violence from far-right groups. A straightforward and appropriate approach is to treat far-right groups as street gangs. Existing gang statutes are a proven tool is aggressively used on BIPOC gangs and should be equally applied to far-right groups. Law enforcement’s continued dismissiveness of far-right groups only increases them as being the most "persistent and lethal threat" in the United States for the foreseeable future.

Learning From Experience: A Content Analysis of Domestic Violence Fatality Review Team Reports

Partner Abuse ◽  
2015 ◽  
Vol 6 (2) ◽  
pp. 197-216 ◽  
Author(s):  
Allison Marsh Pow ◽  
Christine E. Murray ◽  
Paulina Flasch ◽  
Elizabeth Doom ◽  
Melinda Snyder
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Content Analysis ◽  
Law Enforcement ◽  
The United States ◽  
Learning From Experience ◽  
Law Enforcement Agencies ◽  
Review Team ◽  
Wide Variability ◽  
Standard Practices

The mounting cost of domestic violence (DV) homicide in the United States has led to increased attention from law enforcement agencies and social organizations and the establishment of domestic violence fatality review boards or teams (DVFRTs) throughout the country. These teams are tasked with reviewing a specified set of DV-related fatality cases to determine the factors that contributed to the fatalities and whether there are changes that can be made to prevent future similar incidents. There exists, however, little to no standardization of practice and procedures among DVFRTs, resulting in wide variability among the reports they produce. The purpose of this study is to empirically analyze the content of DVFRT reports across the United States to summarize standard practices in DVFRT reporting and to inform the procedures of existing and future DVFRTs. The researchers conducted a content analysis of 47 DVFRT reports to determine what information is most typically included in these reports on state, county, and city levels. A summary of findings and recommendations for DVFRTs is included.

Access to Justice for Immigrants Who are Victimized: The Perspectives of Police and Prosecutors

2001 ◽  
Vol 12 (3) ◽  
pp. 183-196 ◽  
Author(s):  
Robert C. Davis ◽  
Edna Erez ◽  
Nancy Avitabile
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Survey Methodology ◽  
The United States ◽  
Access To Justice ◽  
Police Chiefs ◽  
The Past

The increased diversity of the U.S. population poses special challenges to the criminal justice system. High levels of immigration to the United States within the past decade require that law enforcement and court organizations understand the concerns of crime victims who are recent immigrants, and facilitate meaningful access to the justice system. Employing survey methodology, this research describes the barriers that immigrants encounter in accessing justice, as they emerged from the responses of police chiefs and prosecutors in the 50 largest cities of the United States. Criminal justice officials believe that failure to report crimes and to cooperate in their prosecution is a significant problem, especially for domestic violence offenses. The results suggest that many metropolitan areas have made some efforts to promote participation of immigrant victims in the criminal justice system. But far more needs to be done to ensure access to justice for this growing segment of society.

More than victims: Resiliency of undocumented Latinas near Chicago, United States, and the strategic use of psychological suffering in obtaining legal status

2019 ◽  
Vol 16 (3) ◽  
pp. 361-368
Author(s):  
Stephanie Jean Kohl
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Legal Status ◽  
The United States ◽  
Immigration Law ◽  
Application Process ◽  
Theoretical Concepts ◽  
Psychological Suffering ◽  
Visa Application ◽  
Biological Citizenship

Caught between abusive partners and restrictive immigration law, many undocumented Latina women are vulnerable to domestic violence in the United States. This article analyzes the U-Visa application process experienced by undocumented immigrant victims of domestic violence and their legal advisors in a suburb of Chicago, United States. Drawing on theoretical concepts of structural violence and biological citizenship, the article highlights the strategic use of psychological suffering related to domestic violence by applicants for such visas. It also investigates the complex intersection between immigration law and a humanitarian clause that creates a path towards legal status and eventual citizenship.

scholarly journals Mercy towards decarceration: Examining the legal constraints on early release from prison

Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Family Members ◽  
The United States ◽  
Early Release ◽  
The Us ◽  
Legal Constraints ◽  
Release From Prison

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.

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