Feminist Prosecutors and Patriarchal States

In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s community and state less patriarchal and thus help stamp out domestic violence. This article analyzes two issues arising from Dempsey’s work: first, whether prosecutors can justifiably be viewed as representatives of their states and communities; and, second, how prosecutors committed to using their discretion to battle both domestic violence and patriarchy would go about determining in a particular case whether to pursue criminal charges against the wishes of a victim.     

South Asian Women in the U.S. and their Experience of Domestic Violence

This study examined the extent of domestic violence and sociocultural factors (isolation, social support, acculturation, and patriarchy) associated with domestic violence among a community sample of 215 women of South Asian origin in the U.S. The sample is the largest to date in a study of domestic violence among South Asian women. Both paper and Web surveys were used. Of the sample, 38?% experienced some form of abuse in the past year. Isolation from spouse/partner and perceived social support predicted abuse. This information is vital in developing effective and culturally appropriate intervention methods for South Asian women victims of domestic violence.     

Women's Violence Against Their Children

Feminist scholars have rarely ventured into the realm of child abuse research. The aim of this paper is to lay the foundation for a feminist understanding of women's violence against their children. It begins with an assessment of the fundamental nature of the oppression of women in society and within the family. It continues with a critical analysis of how conventional child abuse and family violence experts have attempted to explain the problem of violence against children in the family. Ultimately, this paper reveals that if one is genuinely interested in unlocking the secrets of maternal child abuse, then the key is a feminist perspective that provides insight into the lives of women in the patriarchy.     

Braving Jim Crow to Save Willie McGee: Bella Abzug,the Legal Left,and Civil Rights Innovation, 1948–1951

This article considers the role of Bella Abzug, lead counsel for Willie McGee from 1948–1951, in shaping the defense of this Cold War era Mississippi rape case. Representing McGee left an indelible mark on Abzug: she made her first trip south, wrote her first Supreme Court petition, and faced her first death threat. Participation in the Left legal bar—especially the National Lawyers Guild and Left feminist circles—shaped Abzug's legal consciousness as she redirected the McGee defense significantly in 1950. By joining race and sex, Abzug's legal argument zeroed in on the taboo of interracial sexual relations at the heart of Southern rape cases, thereby exposing the innermost sexual color line. She urged the courts and cause lawyers—albeit unsuccessfully—to pursue a more radical civil rights agenda than outlawing public segregation, as ultimately achieved in Brown v. Board of Education (1954), and typically recognized in Cold War civil rights scholarship.     

Perpetrators of Violence and Abuse in Lesbian Partnerships

Scholarship, policy and practice relating to domestic violence have all seen many changes in the recent past. The definition of domestic violence is often wide ranging describing physical violent within an adult (married) couple to the inclusion of intergenerational abuse and violence. As a result of feminist interventions a gender-based approach to domestic violence is now well established. Most research using this model shows that the majority of victims are women and most perpetrators are men. This impacts upon the policies, initiatives and service provision. One consequence is that it fails to explore the possibility of women’s different experiences of domestic violence. The point of departure for this paper is that it fails to take account of domestic violence in lesbian partnerships. Using data generated by way of an annual analysis of counselling cases of generated by a German lesbian specific social services agency and data from focussed interviews with 20 lesbians who have been violent to their lesbian partners this article offers a range of new insights into the nature and experiences of domestic violence in same sex domestic relationships and considers the significance of this data in relation to policing and other modes of intervention to bring that violence to an end.

Culture and domestic violence: transforming knowledge development

Cultural competence continues to receive limited attention in domestic violence service provision from research to the evaluation of programs. Yet with changing demographics reflecting larger numbers of people of color and increasing needs for more effective responses, it is critical that we change the way we think about domestic violence. Using a feminist framework, this article examines how knowledge has been developed in domestic violence and its consequence related to service provision and perceptions. The article ends with recommendations as to how to better include culturally competent responses in domestic violence.     

The Social Construction of Roles in Intimate Partner Violence: Is the Victim/Perpetrator Model the only Viable one?

An ongoing discussion in the partner violence (PV) literature exists concerning the respective roles of perpetrator and victim. Most of it is gender based. The classical feminist argument is that women are victims of the violence and this is sustained by the social perception of them as victims. More recently increased recognition of mutual violence has taken place, calling into question the gender-based victim/perpetrator model. Recent research further calls into question this role differentiation through findings indicating that a majority of the protagonists in the PV drama view themselves as victims. A corollary to this controversy is that whether a man or a woman is the victim, the principal client in conventional intervention with PV is the woman. This paper will argue that the relevancy of gender-based role differentiation for most PV cases is not supported by recent data, and that incorporating an interactive perspective enables a more complex view than the classical victim/perpetrator one, and may improve our practice with PV populations.     

Domestic violence among immigrants from India: What we need to know — and what we should do

Little research has been reported on domestic violence among Indian immigrant families in the United States. While one national survey suggests that this is not a major problem, several smaller scale studies that focus specifically on South Asian immigrants suggest there is a substantial hidden problem warranting attention. In order to assist future research, this paper presents an integrated theoretical model to explain domestic violence in Indian immigrant communities. The model draws on feminist theory, family violence research, acculturation theory and victimological and crime opportunity theories. The model also provides a framework for thinking about possible intervention strategies. Those likely to provide more immediate benefits are discussed.     

Toward a Feminist State: What Does ‘Effective’ Prosecution of Domestic Violence Mean?

This article examines domestic violence criminal prosecutions and addresses what 'effective' prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that 'effective' prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus .     

Corruption,bribery and patriarchy in Tanzania

This is an ethnography of the political culture of Tanzania as compared to the political culture of the United States. Endemic and harmful corruption among the political leadership of Tanzania and the United States alike stems from widespread popular equation of order with patriarchy, made worse by extending the logic of patriarchy to belief that social order and welfare rest on the strength of the nation state. The Tanzanian war on corruption and ensuing shutdown of the University of Dar es Salaam during the first half of 1990 affirm the radical feminist premise that the models of legitimacy we apply in the privacy of our families are identical to and inseparable from the models of legitimacy employeed domestically and internationally by our political leaders. Corruption and other violence are more directly expressed in Tanzania and more indirectly expressed by Americans who as a consequence are more enslaved to corruption and violence than Tanzanians. The contrast in Tanzanian and U.S. political cultures and the nature of patriarchy itself leads to a set of paradoxes about achieving freedom from corruption through exercise of patriarchal state power—as that children who are the ultimate victims of corruption are at once most blamed by adults, more responsive to change than adults, and unable to change as long as they remain the subjects of patriarchal discipline. Bribery is not necessarily a part of the problem of corruption but is a part of the solution. Freedom from corruption basically requires democratic accountability. Tanzanians and Americans are linked symbiotically: neither people can free themselves from corruption without before the other. There is no logical starting point for a patriarchal approach to freeing people from corruption. On the other hand radically effective emancipation from corruption is occurring across Tanzania and the United States.     

Shadow values,shadow figures: real violence

How can violence be both a public anathema and a private common place? In order to explore this question, data from the North London Domestic Violence Survey are revisited and the reasons why men justify violence against women investigated. This is related to Sykes and Matza’s dual notions of the techniques of neutralization and subterranean values indicating the potential of this work in understanding domestic violence. Further, this paper confronts recent arguments that estimates relating to the extent and distribution of domestic violence are either too unreliable due to problems of response and differences in defining ‘violence’ or that those figures produced by feminist research arise from a massaging of the data and, as such, exaggerate the risk.     

英国防治家庭暴力与保护受害人立法述评

家庭暴力是一个普遍存在于英国社会各阶层的家庭中的社会问题,尽早发现、尽早处理才能将伤害减少至最低。为此,英国自从20世纪70年代开始制定了一系列法律案防治家庭暴力,从家庭成员身份界定到司法保护、从家庭暴力的认定到骚扰防治进行较全面的法律干预。英国法既注重对加害人予以法律制裁,更注重预防,及时帮助受害人和加害人,防止家庭暴力延伸到下一代,防止家庭暴力从家庭内部延伸到家庭之外。英国法防治家庭暴力的理念、路径和对策能够为我国制定防治家庭暴力法提供诸多借鉴与启发。     

High Conflict Divorce,Violence, and Abuse: Implications for Custody and Visitation Decisions

Today, judges are faced with the daunting task of determining the best interests of the child and making appropriate custody awards to that end. The best interests of children becomes a critical question when domestic violence is involved; yet, determining what constitutes domestic violence is often debated. Research is often divided on what constitutes domestic violence. One body of research focuses on conflict, another focuses on domestic violence. What the first group identifies as intense emotional distress and disagreement, the other identifies as abuse. Judges making custody determinations in such cases are faced with the difficult challenge of distinguishing between a divorce with “high conflict” and a domestic violence case with ongoing abuse. This article will summarize the legal, philosophical, and historical understandings of the “high conflict” family and its potential impact on children. It will also provide practical judicial guidelines for making the important distinction between high conflict and domestic violence and subsequently crafting appropriate and safe child custody awards.     

The reduction of violent crime through economic equality for women

Normally we do not link the reduction of violent crime with equal rights for women, this paper traces such a linkage. Central to the logic of this argument is that the distribution of the frequency of violent crime is often described by a bimodal curve which supposedly distinguishes between minor, unimportant offenders and a distinct group of serious offenders: the target for many policies being the latter. In fact, this bimodal distribution does not exist; therefore, policies based on it will be fruitless. The larger group of minor offenders is basically ignored. The distribution of violence is better described as a continuous skewed curve which retains its shape. Thus, an effective policy to reduce violence would have to shift the entire curve to the left. Reducing the more numerous acts of lesser violence rather than concentrating on the rarer cases of extreme violence would be more effective. Since much violence is nurtured in family settings, policies that decrease stress in family settings would have a meaningful impact on future violence. Stress could be reduced with greater economic equality for women, making it possible for them to leave potentially violent domestic settings. In the long term this would have an impact on violent crime.     

Children's experiences of domestic violence: developing an integrated response from police and child protection services

Police notifications of incidents of domestic violence to child protection services constitute an acknowledgement of the harm that domestic violence inflicts on children. However, these notifications represent a substantial demand on child welfare services and the outcomes for children and victims of domestic violence have been questioned. This paper presents findings from the first UK study to examine these notifications in depth and examines the interface between the police and child protection services in responding to domestic violence incidents. The research reports on police interventions in 251 incidents of domestic violence involving children; the communication of information to child protection services and the subsequent filtering and service response. Social workers found that notifications conveyed little information on children's experiences of domestic violence. Forty per cent of families notified had had no previous contact with child protection services in that area, but those cases most likely to receive social work assessment or intervention were those where the case was already open. Notifications triggered a new social work intervention in only 5% of cases. The study also identified a range of innovative approaches for improving the co-ordination of police and child protective services in relation to children's exposure to domestic violence. Arrangements that maximized opportunities for police and social workers to share agency information appeared to offer the best option for achieving informed decisions about the appropriate level of service response to children and families experiencing domestic violence.     

MANDATORY MEDIATION OF CUSTODY IN THE FACE OF DOMESTIC VIOLENCE

Mediation is frequently mandated as a first step for custody, visitation, and divorce cases. As a process that requires a balance of power between participants, mediation is not an appropriate method to resolve domestic violence disputes, a phenomenon that reflects profound disparities in power between the perpetrator and the victim. Of all marriages referred to court-based divorce and custody/visitation mediation programs, 50% to 80% involve domestic violence. This raises very serious questions about mandatory mediation. This article considers the effects of domestic violence on the mediation process. It questions the use of mandatory mediation and suggests ways that mediators might recognize and respond to domestic violence.     

Legal Protection Against Domestic Violence in India: Scope and Limitations

This paper deals with the scope and limits of legal measures to curb domestic violence against women in India. The Indian state has enacted several laws in the past to address the issue and recently a new comprehensive law is added to the list. The new law has become an alternative to many urban victims. Yet, a review of the performance of the old and new laws on domestic violence proves that legal measures to curb domestic violence have serious limitations. They could neither guarantee any reduction in the extent of such violence, nor could they expedite the justice delivery system in India. Much remains to be done to ensure gender justice in a patriarchal society. Discussion here is based on secondary data and supplemented by field data collected through qualitative research informed by feminist epistemology in the district of Burdwan, West Bengal.     

Fifty Years After the 1967 Crime Commission Report

In the 50 years since the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson issued its report, feminist activism and both feminist and mainstream research have resulted in defining domestic violence (DV) as a social problem. This awareness of the seriousness and expansiveness of DV has spurred the development of unprecedented programs and policies. Although DV policing changes have been significant, so too have been the development of and changes in safehouses, no‐drop court policies, domestic violence courts, community‐coordinated responses, and batterer intervention programs. In this article, we review the nonpolice responses to DV cases and outcomes and provide recommendations. First, research and policies need to more regularly be aimed at addressing victims’ safety and their diverse needs and experiences. Second, assessments should include addressing the processing of these cases through the impact of responses by individual community and criminal legal system actors (e.g., victim advocates, police, prosecutors, and judges) to victims and offenders.     

OUTING DOMESTIC VIOLENCE

Studies show that domestic violence among same-sex couples occurs at approximately the same statistical frequency and has many of the same characteristics as domestic violence among heterosexual couples. In addition to the elements involved in domestic violence among heterosexual couples, gays and lesbians face a series of highly specific forms of abuse perpetrated exclusively in same-sex relationships. Yet a severe disparity exists in the services that are available to victims based on which of the two types of relationships they are involved in. In the vast majority of states, family is narrowly defined within domestic violence statutes, precluding gays and lesbians from seeking civil redress for crimes perpetrated against them by their partners. For this reason, it is imperative that state legislatures react to this discrepancy by redrafting domestic violence statutes and defining family more inclusively to provide appropriate protections to victims of same-sex domestic violence.