The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in Schools

In the wake of recent school shootings, communities and legislatures are searching for law enforcement solutions to the perceived epidemic of school violence. A variety of legal measures have been debated and proposed. These include: the enactment of tougher gun control laws and more vigorous federal and local enforcement of existing gun control laws; the enactment of laws imposing civil or criminal liability on parents for their children's violent behavior; the establishment of specialized courts and prosecution strategies for handling juveniles who are charged with weapons offenses; stricter enforcement of school disciplinary codes; reform of the Individuals with Disabilities Education Act to make it easier to expel students for weapons violations; and greater use of alternative schools as placements for students who are charged with weapons violations.
  This article provides a legal and empirical analysis of proposed legislation in these areas as informed by social science research on the patterns of school violence, gun acquisition by juveniles, and the effectiveness of various laws and law enforcement measures. It proposes and discusses recommendations for legal reform. While efforts to reduce school violence will be most effective at the state and local levels, the United States federal government has an important role to play, particularly in federal‐state partnerships aimed at disrupting illegal gun markets, and through the formulation of national standards and guidelines. These standards and guidelines are for the enforcement of existing laws; inter‐agency law enforcement cooperation and information‐sharing (particularly using computer‐based analysis); effective school discipline and alternative educational settings for disruptive youth; and psycho‐educational interventions designed to detect and prevent school violence in the first place.     

Under the radar: policing non-violent domestic abuse in the US and UK

Physical violence is but one of many tools that may be used to gain greater power within intimate relationships, yet the legal response has been critiqued for failing to recognise and respond to the full spectrum of abusive behaviours, such as coercive control. Using a sample of police officers from the United States (US) and the United Kingdom (UK), the current study utilises hypothetical vignettes to assess police officers’ perceptions of domestic abuse, including those incidents that are not necessarily physically violent, but involve stalking and other coercive, controlling behaviours that are harmful and require intervention. Within- and between-country similarities and differences were analysed. Findings revealed that the majority of officers in both countries possessed a good level of understanding of domestic abuse and how they should respond to it – amidst and beyond the physical violence. However, our analysis of both quantitative and qualitative data also showed that the use of physical violence is at the forefront of many officers’ expectations about domestic abuse, and that when physical violence is absent, the police response is less proactive. Our study finds some support for the idea that non-physical abuse does go “under the radar” to some extent for some officers, and that this is more the case for American officers than their British counterparts. Findings are discussed in terms of context of the research sites and implications for policy, practice and future research.     

Youth victimization: school climate or deviant lifestyles?

Despite much focus on school violence, there has been little research that explores the relationship between offending and victimization in various school climates. School climate theory suggests that the school's social system, culture, milieu, and ecological structure affect student outcomes including academic performance, delinquency, and more recently, victimization. Hierarchical analysis of data from 5,037 11th-grade students in 33 schools found that offending behavior was the strongest predictor for both minor and more serious forms of victimization. School climate, specifically the social cohesion of schools, reduced serious violent victimization risk. However, school climate did not affect the relationship between offending and victimization, and was not substantially modified when characteristics of the school environment were considered.     

Ensuring Fairness and Justice for Noncitizen Survivors of Domestic Violence

Immigrant women who are abused face multiple barriers to seeking legal protection from the abuse. In many cases, immigrant women are unaware of the protections afforded noncitizens by the Violence Against Women Act (VAWA) and subsequent immigration laws. They may assume that noncitizens cannot access legal remedies or may fear deportation from being exposed as a noncitizen. These and other barriers such as language access and misinformation about U.S. laws about violence further shift the burden to judges, attorneys, and advocates to ensure that immigrant women are not underserved. The courts must also be aware of the consequences for noncitizens who perpetrate domestic violence. This article will provide a comprehensive overview of issues facing the courts when noncitizens are petitioners, respondents, or both in domestic violence cases, including a discussion of findings that can be made for immigrant survivors of domestic violence.     

Parental alienation (syndrome) in child custody cases: survivors’ experiences and the logic of psychosocial and legal services in Italy

ABSTRACT

Parental alienation (syndrome) is a controversial issue, criticized by experts in different fields. However, this concept is often used by professionals and is frequently cited in courtrooms. This qualitative study focuses on parental alienation and explores women’s experiences as well as legal and social services’ practices in child custody cases. Semi-structured interviews were conducted with separated mothers who were victims of intimate partner violence, and with social workers and psychologists/psychiatrists designated by courts to evaluate parenting skills. Expert reports, psychological assessments and legal documents were also analysed. Results show that professionals endorsed parental alienation and considered it a ‘feminine problem’. Women were often blamed and labeled as ‘engaging in parental alienation’ when they were trying to ensure their children’s safety. Children’s accounts were interpreted as being a result of their mothers’ manipulation. In contrast, fathers were treated as victims of vindictive women who want to keep children to themselves. Men’s violent behaviours were not considered, and their role as fathers was seen as ‘inviolable’. These practices seem to reflect the ‘good-enough father’ approach, according to which the presence of the father is essential for children’s development, regardless of his violent behaviours.     

School Shootings and Security Lock-downs: Myths,Positive School Climates,and Safer Campuses

School shooting tragedies and the juvenile justice system’s movement toward a retributive and punitive framework gravely impacted how primary and secondary school students, disproportionately urban districts, used security measures to lock down campuses and build “fortress-like” schools. This iteration of control on school campuses emerged in tandem with the most recent generation’s zero tolerance approach to student violence and problems; a policy widely regarded as ineffective in urban, suburban, and rural districts. As school shootings continue to impact state legislative action and public reactions to school management, this paper takes a critical approach to school security policies and reviews the evidence on the risk for school violence and how to move away from student control approaches that do not improve school safety. Instead, the incorporation of prosocial education and school engagement efforts finds that school and student safety is improved. These, and related approaches to student body management, decreases campus violence and may also minimize the risk of some school shootings - as rare as these tragic incidents are across the nation’s schools. The interplay of schools, students, and the juvenile and family courts is ongoing. Knowing how school districts can best approach their campus environments, safety, and learning is important for school social workers and court personnel because of how often these systems work, or do not work, together.     

Narrating Domestic Violence: Producing the "Truth' of Violence in 19th' and 20th-century Hawaiian Courts

Stories told by and about men who batter women in the courts of Hawai in the mid-19th century and in the late 20th century are strikingly similar. Courts, then as now, accept some justifications for battering and reject others, in the process constructing the boundary between legitimate and illegitimate violence. Throughout this period, the legal system claimed to focus only on the violent act itself, not the emotional or personal violation. The law interprets the violence as brute fact, knowable without regard to the social relationship or system of cultural meanings within which it occurs. There are persistent contradictions between the law's construction of domestic violence as an unambiguous physical act and litigants' and judges' views that these violent acts are moments within the social dynamics of gendered power relations. At the same time, there are recurrent tensions between the efforts of the legal system to portray violent acts against women in terms of rational categories of action and, in contrast, the experience of violence and the meanings within which it occurs that are often opaque to such sense-making, defiant of a simple means-ends calculus.     

Violence among Arab elementary school pupils in Israel

This article examines the prevalence of violence in primary schools attended by Arab children in Israel and the relationship between such exposure and violent behavior among these children. Participants are 388 Arab children (aged 10 to 12 years) living in three localities in Israel. The research focuses on three of the child's roles in relation to violence: witness, victim, and perpetrator. An adapted Arabic translation of the Violence Exposure Scale-Revised is administered to children in group settings. The children report more exposure to moderate levels than to severe levels of violence. Boys are exposed to more violence as victims, and witness and perpetrate more violence than girls do. Multiple regression analysis shows that the experience of being a victim predicts violent behavior in the children, above the effects of age and gender. The limitations of the study and its implications for future research and theory development are discussed.     

Propensity for Violence among Homeless and Runaway Adolescents: An Event History Analysis*

Little is known about the prevalence of violent behaviors among homeless and runaway adolescents or the specific behavioral factors that influence violent behaviors across time. In this longitudinal study of 300 homeless and runaway adolescents aged 16-19 years at baseline, we use event history analysis to assess the factors associated with acts of violence over three years, controlling for individual propensities and time-varying behaviors. The results indicate that females, non-minorities, and non-heterosexuals were less likely to engage in violence across time. Those who met criteria for substance abuse disorders (i.e. alcohol abuse, alcohol dependence, drug abuse) were more likely to engage in violence. A history of caretaker abuse was associated with violent behaviors, as were street survival strategies such as selling drugs, participating in gang activity, and associating with deviant peers. Simply having spent time directly on the streets at any specific time point also increased the likelihood for violence.     

Tarasoff in Missouri: The jurisprudence of a mental health provider's duty to warn and protect non-patients of potential risks from patients

In 1976, the Supreme Court of California issued its well-known Tarasoff Principle. From this principle, other courts found a duty to warn, and some found more than just a duty to warn, a duty to protect. As courts in other states adopted a version of the Tarasoff Principle, they issued a wide variety of third-party liability rules. In light of the dynamic, everchanging Tarasoff jurisprudence in the United States and recent relevant appellate court opinion in Missouri, a timely updated summary and update of Tarasoff-related jurisprudence in Missouri is warranted. In the present analysis, we compiled the four appellate court decisions that pertained to the questions of Tarasoff-like third-party liability in the State of Missouri: Sherrill v. Wilson (1983), Matt v. Burrell (1995), Bradley v. Ray (1995), and Virgin v. Hopewell (2001). We reviewed all legal measures for clinicians to protect nonpatients in Missouri, not just those that relate to protecting nonpatients from violence as in a Tarasof-like scenario. Thus, this paper concisely provides a compendium of such options and allows for a meaningful comparison of which legal, protective measures are mandatory and which are permissive, thereby evoking the question of whether measures of protecting nonpatients from a patient's violent acts ought to be mandatory duties or permissive application of professional judgment.     

Marital Rape: Is the Crime Taken Seriously Without Co-occurring Physical Abuse?

This vignette study was conducted to determine how observers' beliefs about marital rape are altered by the knowledge of a prior history of husband-to- wife physical violence. Participants (n = 50 college students) read three different marital rape situations; in one situation the husband had been physically violent in the past; in another he had not. In the third situation, participants were not given any information about the physical abuse history between the spouses. As expected, participants blamed the victim most for the marital rape and minimized the seriousness of the rape when they had been told that there was not a prior history of husband-to-wife physical abuse. These findings suggest that observers use a physical violence history to establish the coercion needed to determine that marital rape had occurred. The legal implications of these findings are discussed.     

WHEN IT'S GOOD TO BE “BAD”: VIOLENCE AND ADOLESCENT PEER ACCEPTANCE*

This article examines the relationship between adolescent violence and peer acceptance in school. Deriving hypotheses from subcultural theories of crime and violence, it tests whether the violence–status relationship varies across sociodemographic characteristics and educational contexts of students. Analyses of school network data collected from the National Longitudinal Study of Adolescent Health suggest that violence generally holds a negative relationship to peer friendship nominations for both males and females. However, for males, this effect varies by the educational standing of the students. Violence shows a modest positive association to peer acceptance for males who perform poorly in school. No evidence exists that race moderates the violence –status relationship. These findings are replicated in longitudinal analyses of a large metropolitan high school. For females, violence has a significant negative relationship to peer status that does not vary by individual characteristics. However, school levels of violence moderate the relationship between social status and female violence such that violent females have greater numbers of friendships in highly violent schools. The implications of these findings for peer research and delinquency theory are discussed.     

Domestic violence: a medicolegal review

This paper reviews the recent medical and legal literature in the field of spouse abuse. Domestic violence is a national phenomenon that directly affects victims of spouse abuse and indirectly conditions the children of the victims to accept violent behavior as normative. This paper characterizes the cycle of violence battered women encounter, describes their injury patterns, explores the dynamics of the abusive relationship, and discusses the factors that compel women to remain in such violent relationships. The second section describes many of the recent legislation designed to prevent spouse abuse. Next, this paper addresses the case law utilizing the "battered woman syndrome" as a defense for spousal homicide. The third section of the paper explores the often neglected topic of the battered husband.     

Substance Use and Intimate Violence Among Incarcerated Males

The purpose of this study was to examine substance use patterns among a sample of incarcerated males who report engaging in levels of intimate violence, as well as identifying similarities and differences in demographic, economic status, mental health, criminal justice involvement, relationships, and treatment factors for three groups of incarcerated males - those who report perpetrating low intimate violence, those who report perpetrating moderate intimate violence, and those who report perpetrating extreme intimate violence the year preceding their current incarceration. Findings indicated that low intimate violence group's perpetration consisted almost exclusively of emotional abuse. Moderately intimate violent males and extremely intimate violent males, however, report not only high rates of emotional abuse but physical abuse as well. The distinction between moderate and extremely violent groups was substantial. Findings also indicated that perpetrators at different levels of violence in this study did not vary significantly in age, employment history, marital status, or race. However, the three groups showed significant differences in three main areas: (1) cocaine and alcohol use patterns, (2) stranger violence perpetration and victimization experiences, and (3) emotional discomfort. Implications for substance abuse and mental health treatment interventions and for future research are discussed.     

The approach in Scotland to child contact disputes involving allegations of domestic abuse

ABSTRACT

This article considers the approach taken in Scotland to the processing of child contact cases in which there are allegations of domestic abuse. Four key features of the processing of cases which may facilitate outcomes that prioritise safety are considered. These are: the availability of legal aid; the cautious process of successive child welfare hearings; the use of child welfare reports; and the taking of the child’s views. All these features occur within a policy context that recognises domestic abuse as gender-based violence and where courts have a statutory duty to protect a child from abuse. Drawing on the author’s court based analysis of papers from 208 child contact disputes and from interviews with sheriffs, this article discusses the strengths and limitations of all four process features in terms of protecting women and children, and the risks to these features posed by perpetually reducing government budgets.     

What is violence against women? Defining and measuring the problem: a response to Dean Kilpatrick

This article discusses (a) the relationship between the reemergence of the women's movement in the 1970s and the current field of violence against women; (b) the role voluntary associations and social activism play in shaping social institutions, including the institution of academic scholarship; (c) the need to broaden our definition of violence against women to include nonviolent acts, such as stalking and emotional abuse; (d) the need to study the interrelationships among various forms of violence and abuse, including violence and abuse experienced as a minor and violence and abuse experienced as an adult; (e) the importance of using precise language when reporting research findings; (f) the importance of using a multiple definition/measurement approach when conducting research on violence against women; and (g) the need for comprehensive research on violence against women that takes into account the various types of violent and abusive behaviors experienced by women over their lifetimes.     

SEVERE SANCTIONS,EASY CHOICE? INVESTIGATING THE ROLE OF SCHOOL SANCTIONS IN PREVENTING ADOLESCENT VIOLENT OFFENDING*

Although schools in the United States adopted harsher disciplinary policies in the early 1990s, to date, there is little evidence showing whether severe school sanctions against student misconduct prevent crime. Drawing on both deterrence and rational choice theories, we test the proposition that harsh school‐based policies against violence reduce students’ involvement in violent behavior. However, in contrast to prior research that explores the direct link between sanctions and student behavior, we emphasize the role of school sanctions in adolescent cognitive decision‐making processes, hypothesizing that school sanctions against violence condition the effect of thoughtfully reflective decision making (TRDM) on adolescent involvement in violent behavior. We use data from the first two waves of the National Longitudinal Study of Adolescent Health to test our research hypotheses. The results from a series of multilevel models show that more severe school sanctions against violence (i.e., home suspension and expulsion) disarm the process of cognitive reflection and attenuate the effect of low TRDM on violent offending.     

Nineteenth-Century Lawyers and Railway Capitalism: Historians and the Use of Legal Cases

Abstract

The railway was a key factor in nineteenth-century economic development. R.W. Kostal considered the interaction of the industry with lawyers in his book Law and English Railway Capitalism 1825–1875. Yet his conclusion that the law coped badly with the new industry is vitiated by his failure properly to analyse the way the courts applied legal doctrine. In areas such as preincorporation liability for railway companies’ debts, rating and compulsory purchase, the courts applied well-established principles. Even new law in cases like Priestley v Fowler can only be understood in terms of common law principles.     

Green Criminology and the Reconceptualization of School Violence: Comparing Green School Violence and Traditional Forms of School Violence for School Children

School crime and violence continue to be important topics of criminological inquiry. Forms of violence that have received much attention from criminologists include school gun violence, assaults, and bullying. What appears missing from criminological studies are analyses of different forms of violent victimization imposed on school children related to environmental injustice, pollution, and exposure to toxins. In this article, we argue for the interpretation of these harms as violent victimizations. To facilitate this, we draw upon definitions of violent victimization developed in green criminology, conceptualizing exposure to environmental toxins as violent assault, and introduce the term green school violence (GSV). Next, we draw upon the medical, environmental, and public health literature to offer a series of examples of GSV in the United States, discuss numerous environmental hazards present in American schools, and describe their scope and severity. A conservative estimate of the frequency of GSV suggests that far more school children are victimized by GSV than forms of interpersonal acts of violence.