Psychological Distress of Children and Mothers in Domestic Violence Emergency Shelters

Abused mothers and their school-aged children who recently entered domestic violence emergency shelters were assessed by individual interview and psychometric measures. Children had positiveviews of the shelter residence. Mothers and children reported high-quality relationships with eachother. Children came from highly violent homes, and the majority had attempted to intervene in theinteradult violence. Hierarchical multiple regressions were conducted on child PTSD symptoms, child behavior problems, and maternal depression, anxiety, and anger. Child PTSD symptoms were associated with amount of physical violence. Child behavioral problems were related to mother anxiety andanger. The predictors of maternal emotional distress varied. Depression was associated with sexualabuse, child physical intervention, and quality of mother–child relationship; anxiety was related to witnessing child abuse, child age, and child internalizing behaviors; anger was associated with abuse-related injuries, violence frequency, and child internalizing behaviors. Augmentationof shelter-based interventions for children's trauma, maternal emotional distress, and parenting are discussed.     

Domestic Violence Service Users: A Comparison of Older and Younger Women Victims

No one, young or old, is immune to interpersonal violence (IPV). Female victims come from a variety of circumstances and across all ages. However, much of the research and services have focused almost exclusively on younger women. This article compares women 65 and older to women under 65, who utilized domestic violence (DV) services in a mid-western state over a five-year period. Although there are many similarities in the findings, differences include that older victims were more likely to be White, report more emotional and less physical abuse, be referred to services by a legal source, have special needs or disabilities, and receive fewer services, less service hours and fewer contacts than younger victims utilizing DV services. Implications for research and practice are discussed.

Predictors of Weapon Use in Domestic Violence Incidents Reported to Law Enforcement

The study’s aim was to determine the predictors of weapon use during domestic violence incidents that were reported to the police. Randomly selected cases (N = 369) from the San Diego County Sheriff’s department comprised the study sample. The predictor variables for weapon use included relationship type, relationship length, suspect drug or alcohol use, and restraining order status at the time of the attack. Suspect sex and race were included as control variables. A logistic regression demonstrated that victims who had restraining orders against the perpetrator were more likely to have a weapon used against them in a domestic violence incident. Suspect sex was significant in an unanticipated direction, with female perpetrators being more likely to use a weapon during a domestic violence incident.     

Characteristics of Domestic Violence Offenders: Associations with Childhood Exposure to Violence

Many women are abused by intimate partners, millions of children witness such acts, and many of these children are physically abused. Children who are exposed to violence often evidence difficulties, including violent behavior, as adults. One hypothesized mode of intergenerational transmission is modeling. There is evidence that witnessing and/or experiencing violence are related to different patterns of abusive behavior and, perhaps, psychopathology, but the extent of the relationship is unclear. This study examined differences in generality, frequency, and severity of violent offenses, nonviolent criminal behavior, and psychopathology within a battering population of 1,099 adult males with varying levels of exposure to violence as children. Generality, frequency, and severity of violence and psychopathology all increased as level of childhood exposure to violence increased. Modeling theory was supported by the findings that men who witnessed domestic violence as children committed the most frequent domestic violence, and men who were abused as children were more likely to abuse children. Men who were abused also committed more general violence.     

The Use of Domestic Violence Advocates in Juvenile Court: Lessons from the Dependency Court Intervention Program for Family Violence

The Dependency Court Intervention Program for Family Violence (DCIPFV) is a national demonstration project awarded to the Eleventh Judicial Circuit of Florida (Miami) by the U.S. Department of Justice, Office on Violence Against Women. Developed by Judge Cindy Lederman and Susan Schechter in 1997, the DCIPFV identifies victims of domestic violence in the dependency court system. DCIPFV advocates provide a variety of services to such victims, helping them achieve safe environments for themselves and their children with the understanding that the well‐being of children can be better assured by addressing the safety and self‐efficacy of their mothers. This article discusses the DCIPFV program and makes recommendations for communities seeking to implement a similar program in their jurisdiction.     

Toward a Balanced Approach: Defining Police Roles in Responding to Domestic Violence

Responding to domestic violence poses unique challenges to law enforcement officers. Prior research has focused on issues such as officer safety and arrest policies but overlooked a critical component—the officers’ perception of their role in responding to domestic violence incidents. This study explores how police officers define their roles through the use of focus group interviews with detectives assigned to a domestic violence unit. Findings include the identification of three role perspectives. Recommendations for a more balanced approach of these role perspectives in responding to domestic violence crimes through the use of more effective training, supervision, and evaluation are proposed.     

家庭暴力致骨折损伤机制分析1例(英文)

本文报道了一名37岁女性遭受丈夫殴打,造成下肢受伤。医院诊断为右髌骨和左胫骨骨折,伤者遂接受了切开复位内固定术。由于丈夫否认对其实施家庭暴力,声称其下肢骨折系交通事故坠落伤。警方遂委托对该女性的损伤进行法医学鉴定。经过审阅X线和CT检查资料,结果为伤者右侧髌骨骨折、左胫骨骨折,以及左眶内侧壁骨折。鉴定意见为髌骨的横向骨折系由肌肉的牵拉暴力引起,左胫骨损伤符合直接和间接外力所致,左眶内侧壁骨折在施暴期间形成的可能性较大。本文阐述了运用影像学技术对家庭暴力案件与交通事故损伤进行鉴别,强调了影像学技术在法医临床鉴定中的应用价值。     

Implications of an Arrest in Domestic Violence Cases: Learning From Korean Social Workers' Experiences in the U.S.

In response to the lack of research on the effect of arrest in deterring domestic violence in minority communities, a qualitative exploratory study was conducted with Korean American social workers providing services to Korean domestic violence victims in the New York metropolitan area. The authors examined study participants' perceptions about their clients' experiences of arrests in domestic violence situations. Findings reveal major barriers for Korean victims that prevent them from utilizing help from the police. Main themes from the data show both negative and positive results from arrests. Participants perceived arrest as an ultimately necessary tool for deterring domestic violence in the Korean community in the U.S. Participants suggested some changes in the criminal justice system to better respond to immigrant victims of domestic violence. Practice and policy implications are discussed. This study was, in part, presented at the 23rd APPAM (Association for Public Analysis and Management) Annual Research Conference in Washington, D.C. on November 1, 2001.     

法律解释的本体与方法

解释学经历了从方法转向本体的发展理路,在这一转向中,作为解释学核心概念的理解由人文科学的方法论转变为人的生存意义的创生方式。解释学的重心转换影响着法律解释理论的发展走向,传统法律解释理论将解释作为追寻立法者意图的方法消解了司法者的历史性,解释学的本体论转向使这一企图成为无法实现的乌托邦,但也由此强化了法律解释的创造性而解构法治的确定性;现代的法律解释理论将解释学的方法论纳入其本体论框架之中,实现了本体论解释学对法律解释的建设意义。因此,解释学的重心转换使法律解释处于方法与本体的张力之中。     

责任阻却性紧急避险的厘清与适用——以受虐妇女杀夫案为视角

目前我国司法实践在处理受虐妇女杀夫案时直接进入量刑阶段,忽视了适用出罪事由实现无罪的可能性。在此类案件中,虽然因不存在正在进行的不法侵害而不能适用正当防卫,但针对危险引发者的防卫行为则可以运用其他紧急权资源。受虐妇女因无法忍受家庭暴力而杀害丈夫的行为,构成防御性紧急避险。然而紧急避险的正当化根据,不应采取功利主义的法益权衡说,而应采取社会团结义务说。即仅在理性人自愿负担的社会团结义务的限度以内才能成立违法阻却事由,因侵害生命的避险行为超出了社会团结义务的限度而无法得以正当化,但可能成立以无期待可能性为基础的责任阻却性紧急避险,这与我国《刑法》第21条的规定并不矛盾。     

From Victim to Offender: The Effects of Male Initiated Violence on Women Arrested for Using Intimate Partner Violence

A number of theorists posit that most women who are arrested for using violence against their intimate partners are in-fact victims of IPV themselves and should be treated as such. However, in this population of women IPV arrestees empirical investigation has yet to explore how physical and emotional victimization experiences are associated with arrest related factors, propensity to be abusive or attitude toward using relationship violence. The current study explores these factors finding no difference in arrest factors between women who (a) deny abuse, (b) report rare/occasional abuse and (c) report frequent/very frequent abuse. However, mixed results were found with regard to participants’ responses on scales measuring propensity to be abusive and attitudes about using violence in marriage. Theoretical and practical related issues are addressed.     

Children’s Direct Exposure to Types of Domestic Violence Crime: A Population-based Investigation

Police officers served as public health sentinels to collect data on children exposed to domestic violence across an entire municipality for 1 year. This study extended research by investigating a typology of domestic violence crimes and children’s direct sensory exposure to these types. Police officers used a standard, validated protocol to collect data on all substantiated domestic violence. Findings revealed that almost half of all events had children present, and 81% of these children were directly exposed to the violence. Children under the age of 6 years old were at greater risk of exposure. Identified domestic violence households with children were more likely to be low-income, non-White, and headed by a single female, compared to households at large. Cluster analysis revealed seven domestic violence event profiles. Typology showed that children were disproportionately exposed to the most unstable and dangerous profiles including weapon use, mutual assault, and substance abuse.     

Judicial Monitoring of Compliance: Introducing 'Problem Solving' Approaches to Domestic Violence Courts in England and Wales

This article examines the development of specialist domesticviolence courts. It overviews the features of ‘problemsolving’ courts and considers the extent to which thefledgling domestic violence courts in England and Wales areadopting the problem solving approaches found in some specialistcourts in the United States of America. Whilst noting some ofthe successes of the first seven domestic violence courts inEngland and Wales, the article concludes that more effectiveinterventions in domestic violence cases can be achieved throughgreater involvement of the judiciary in ongoing monitoring ofthe defendant’s compliance with court ordered perpetratorprogrammes.     

Preferences for Police Response to Domestic Violence: A Comparison of College Students in Three Chinese Societies

While a large amount of research has been conducted in the West on domestic violence related issues, only a small number of studies have focused specifically on Chinese societies. Using survey data collected from Beijing, Hong Kong, and Taipei, this study compares college students’ preferences for traditional and proactive police intervention into domestic violence and assesses the determinants of such preferences in the three Chinese societies. The findings indicate that Hong Kong students showed the highest level of support for traditional police response, followed by students in Beijing and Taipei, while students in Taipei displayed the strongest preference for proactive police response, followed by students in Hong Kong and Beijing. College students’ preferences for traditional police response were shaped mainly by their locality, whereas their preferences for proactive police intervention were influenced chiefly by their attitudes toward violence and gender roles. Directions for future research are discussed.     

乡土生活场域中的集体财产:从权力到权利

我国目前的农村集体财产处于由行政权力与村社干部权力交织而成的权力网络之中,集体所有权变成残缺的、异化的所有权。在我国未来的民法典中,集体所有权应当是蕴涵了主体独立、平等、意志自由等私法价值理念的真正意义上的财产所有权,行政权力对集体财产不必要的束缚应逐步解除;为了防止所有权的异化,应当赋予集体所有权一定的程序性内涵,为其设置一套有效的运作程序;此外,应设置相关规则防止集体所有权压制农民作为个体对集体财产所享有的权利———用益物权。     

Firearm Ownership in High-Conflict Families: Differences According to State Laws Restricting Firearms to Misdemeanor Crimes of Domestic Violence Offenders

This study examines the association between state laws that prohibit firearm ownership for offenders convicted of misdemeanor crimes of domestic violence (MCDV) and firearm ownership in two-parent families with high-conflict male partners with arrest histories. Mixed effects logistic regression models applied to data from the Early Childhood Longitudinal Study-Birth cohort (n?= 5350) determined that living in a state with laws that prohibited firearm ownership for convicted MCDV offenders decreased the likelihood of firearm ownership among families with high-conflict males by 62%. The length of the time limit on firearm prohibition was correlated with incremental decreases in firearm ownership in such families, with the probability of firearm ownership among families with high-conflict males decreasing from 30% in states with no MCDV laws restricting access from firearms to 12% in states with permanent prohibition on firearm ownership. These findings have significance for public health policy aimed at decreasing intimate-partner homicide.     

The Impact of Officer and Agency Characteristics on the Likelihood of Arrest in Domestic Violence Situations among Rural Law Enforcement Officers

Domestic violence cuts across all demographic groups. The factors related to why police officers arrest in some domestic violence situations but not others have been often studied. Little research, however, has been conducted on the arrest views of rural police officers. One hundred seventy line officers in six rural Midwestern counties were surveyed to determine the impact of officer personal characteristics and agency type on arrest decisions in various hypothetical domestic violence scenarios. First, the same situational factors appeared to be important in shaping the arrest decision in domestic violence calls of rural officers as have previously been found with urban officers. Second, the characteristics of officers and the type of agency had some impact on the likelihood of arrest, particularly if there was evidence of a physical assault. Third, the presence of evidence of a physical assault helped shape the arrest decisions of rural officers. Fourth, situational factors were more important than officer characteristics and the type of agency. Nancy Hogan and Shannon Barton contributed equally to the paper. The authors thank Janet Lambert for editing and proofreading the paper. The authors also thank the anonymous reviewers for their comments and suggestions.