ATTACHMENT PERSPECTIVES ON DOMESTIC VIOLENCE AND FAMILY LAW

Lieberman and Zeanah are specialist clinicians, researchers, and prolific publishers in the areas of infant mental health, attachment development in high‐risk environments, and treatment of infant–parent relationship trauma. In this article, Lieberman and Zeanah discuss the impacts of domestic violence on the attachment security and development of infants and children and address a number of implications for the family law context. Conundrums for parenting visitation and living arrangements are considered, together with the need for multidisciplinary, early response and the pivotal role of family courts in directing this response.     

A COMPARISON OF TWO PROSECUTION POLICIES IN CASES OF INTIMATE PARTNER VIOLENCE: MANDATORY CASE FILING VERSUS FOLLOWING THE VICTIM'S LEAD*

Research Summary This study capitalized on differences in domestic violence prosecution policies between two boroughs of New York City. In Brooklyn, arrest cases generally are filed, but in the Bronx, cases typically are not filed when the victim does not want to proceed. We sampled 272 intimate partner cases declined by the Bronx prosecutor and 211 similar cases filed by the Brooklyn prosecutor. The Brooklyn policy is more costly, and most cases ultimately were dismissed. After 6 months, rearrest rates did not differ significantly between the two boroughs, although victims offered qualified support for the universal filing policy. Policy Implications Prosecutors face conflicting pressures when victims do not support prosecution. Victim empowerment and resource conservation favor declining such cases, but sending a message of zero tolerance favors filing. Our results support an intermediate policy of filing most cases but dropping them sooner to give victims a voice while avoiding heavy investments in cases headed for dismissal.     

Murder Followed by Suicide: Filicide–Suicide Mothers in Italy from 1992 to 2010

The international literature shows that in 40–50% of the cases, homicides–suicides involving children under the age of 10 are committed by mothers. Here, we report some results on homicides–suicides, in the mother–child relationship, occurred in Italy between 1992 and 2010. We examined 36 cases of filicide–suicide mothers by consulting the archives of RAI, daily newspapers, and the ANSA news agency. We focused on: mothers and children's age, place of residence, date and place of the murder, number and sex of the murdered children, and modality of the homicide–suicide. At the time of the homicide–suicide, the average age of mothers was 35.4. The number of children killed by each mother was one, except in seven cases. All the women had underestimated psychopathological disorders and only six women were regularly treated. The dynamics and characteristics of the events were much more similar to suicides than homicides, so we can consider them as “extensive suicides.”     

SOCIAL INSTITUTIONS AND VIOLENCE: A SUB‐NATIONAL TEST OF INSTITUTIONAL ANOMIE THEORY*

Messner and Rosenfeld's institutional anomie theory is grounded in the assumption that relatively higher crime rates in the United States are due to (1) the overwhelming influence of economic motives and institutions in society, and (2) the subjugation of all other social institutions to cultural economic interests (e.g., the American Dream). Our analysis is designed to extend the limited body of empirical research on this theory in several ways. First, we seek to test the utility of institutional anomie theory for predicting crime rates across aggregate units within the United States (counties). Second, we draw out the theory's emphasis on instrumental crime and suggest that measures of noneconomic social, political, familial, religious, and educational institutions will be particularly relevant for explaining instrumental as opposed to expressive violence. Third, in contrast to prior research, we develop conceptual reasons to expect that these factors will primarily mediate (as opposed to moderate) the relationship between economically motivating pressures and instrumental violence. Our negative binomial regression analyses of data from the Supplementary Homicide Reports and various censuses indicate that the measures of noneconomic institutions perform well in explaining both instrumental and expressive homicides, but that these measures mediate the impact of economic pressures (as measured by the Gini coefficient of family income inequality) to commit instrumental violence most strongly. Further, we find only very limited support for the more popular moderation hypothesis.     

Homicide‐Suicide in Konya,Turkey Between 2000 and 2007*

Abstract: Homicide followed by the suicide of the murderer is a relatively rare lethal incident in which an individual kills another person and subsequently dies by suicide. Cases involving a homicide and a suicide in which death examinations and autopsies were performed at The Konya Branch of the Forensic Medicine Council between 2000 and 2007 were retrospectively investigated. During the studied time period, there were 10 homicide‐suicide cases identified with 10 perpetrators killing 12 victims. Nine of the perpetrators were men and eight of the victims were women. The precipitating motive was an impending divorce in four of the cases. Two perpetrators were described as severely depressed, one had a diagnosis of antisocial personality disorder, and one was a pedophile who had reactive depression. Firearms were used in eight of the homicide cases and seven of the suicides. Constricting the use of firearms may reduce/prevent future homicide‐suicide cases, as it is the most commonly used method to carry out homicide‐suicides.     

Injury‐Related Healthcare Use and Risk of Filicide Victimization: A Population‐Based Case–Control Study

Research on child‐related risk factors for filicide is scant. We investigated whether prior healthcare use for injury (including poisoning) influences filicide risk. Victims (0–14 years; n = 71) were identified in a national autopsy database for the years 1994–2012 and compared to matched, general population controls (n = 355). Healthcare use data were retrieved from a national patient registry. Risks were estimated using odds ratios (ORs) and 95% confidence intervals (CIs). For females, prior inpatient care for injury conferred a statistically significant sevenfold risk (OR = 6.67 [95% CI: 1.49–29.79]), and any prior injury‐related healthcare use conferred a statistically significant fourfold risk (OR = 3.57 [95% CI: 1.13–11.25]), of filicide victimization. No statistically significant risks were found for males. Healthcare personnel should be aware that children treated for injuries, especially females, may be at an elevated risk of filicide victimization. Nevertheless, the filicide base rate remains low, and parents may be stigmatized by unfounded alerts; thus, prudent reflection should precede reports to the authorities.     

The Homicide–Suicide Phenomenon: Findings of Psychological Autopsies

Homicide–suicide represents a single episode of violence which may decimate an entire family. This study aimed to further describe motives and context of these tragedies. Psychological autopsies were completed for 18 homicide–suicide cases in Dallas, Texas. This included postevent interviews with surviving family members and review of police and coroner records. Two‐thirds of perpetrators had made either verbal or written threats prior to the homicide–suicide. A simplified typology describing victim–perpetrator relationship and motive type is suggested for future studies and clinical ease. Two‐thirds of perpetrators fell into the category of Intimate‐Possessive, most of whom were depressed men who were abusing substances and undergoing separation. Additional categories included Intimate‐Ailing, Filial‐Revenge, Familial‐Psychotic, and Friend‐Psychotic. Further, implications from this psychological autopsy study regarding risk assessment include use of collateral interviews regarding threats and past violence.     

CUSTODY DISPUTES INVOLVING ALLEGATIONS OF DOMESTIC VIOLENCE: TOWARD A DIFFERENTIATED APPROACH TO PARENTING PLANS

Premised on the understanding that domestic violence is a broad concept that encompasses a wide range of behaviors from isolated events to a pattern of emotional, physical, and sexual abuse that controls the victim, this article addresses the need for a differentiated approach to developing parenting plans after separation when domestic violence is alleged. A method of assessing risk by screening for the potency, pattern, and primary perpetrator of the violence is proposed as a foundation for generating hypotheses about the type of and potential for future violence as well as parental functioning. This kind of differential screening for risk in cases where domestic violence is alleged provides preliminary guidance in identifying parenting arrangements that are appropriate for the specific child and family and, if confirmed by a more in‐depth assessment, may be the basis for a long‐term plan. A series of parenting plans are proposed, with criteria and guidelines for usage depending upon this differential screening, ranging from highly restricted access arrangements (no contact with perpetrators of family violence and supervised access or monitored exchange) to relatively unrestricted ones (parallel parenting) and even co‐parenting. Implications for practice are considered within the context of available resources.     

ALLEGATIONS AND SUBSTANTIATIONS OF ABUSE IN CUSTODY‐DISPUTING FAMILIES1

In this study of 120 divorced families referred for child custody evaluations and custody counseling, multiple allegations of child abuse, neglect, and family violence were raised in the majority of cases. About half of the alleged abuse was substantiated in some way with one fourth involving abuse perpetrated by both parents. Different kinds of allegations were raised against mothers compared with fathers. Implications of these findings for social policy, family court interventions, and the provision of coordinated services within the community are discussed.     

STRUCTURAL FACTORS AND BLACK INTERRACIAL HOMICIDE: A NEW EXAMINATION OF THE CAUSAL PROCESS*

This study evaluates the assumption that deprivation among African Americans and racial inequality lead to black interracial homicide due to racial conflict and antagonism. Using refined race‐adjusted Supplemental Homicide Report data, Uniform Crime Report data and census data, we test an alternative hypothesis that draws on the macrostructural opportunity theory to assess and more accurately specify the relationship between structural characteristics and black interracial homicide. We find that first, the relationship between economic factors and black interracial homicide can be explained in large part by high rates of financially motivated crime such as robbery, and second, that economic factors are associated with financially motivated but not expressive black interracial killings. Analyses of black intraracial killings are performed for comparison purposes. Collectively, the findings suggest that conflict‐based explanations rooted in racial antagonism and frustration aggression may be premature.     

NO COMMUNITY IS AN ISLAND: THE EFFECTS OF RESOURCE DEPRIVATION ON URBAN VIOLENCE IN SPATIALLY AND SOCIALLY PROXIMATE COMMUNITIES*

The link between resource deprivation and urban violence has long been explored in criminological research. Studies, however, have largely ignored the potential for resource deprivation in particular communities to affect rates of violence in others. The relative inattention is notable because of the strong theoretical grounds to anticipate influences that extend both to geographically contiguous areas and to those that, though not contiguous, share similar social characteristics. We argue that such influences—what we term spatial and social proximity effects, respectively—constitute a central feature of community dynamics. To support this argument, we develop and test theoretically derived hypotheses about spatial and social proximity effects of resource deprivation on aggregated and disaggregated homicide counts. Our analyses indicate that local area resource deprivation contributes to violence in socially proximate communities, an effect that, in the case of instrumental homicides, is stronger when such communities are spatially proximate. We conclude by discussing the implications of our findings for theories focused on community‐level social processes and violence, and for policies aimed at reducing crime in disadvantaged areas.     

BEYOND POLITICS AND POSITIONS: A CALL FOR COLLABORATION BETWEEN FAMILY COURT AND DOMESTIC VIOLENCE PROFESSIONALS

The domestic violence advocacy and family court communities have each grown dramatically over the last three decades. Although these professional communities share many values in common, they often find themselves at odds with one another on a host of issues. This article examines the practical, political, definitional, and ideological differences between the two communities and calls for them to join forces and collaborate on behalf of children and families.     

SCOPE AND CONCEPTUAL ISSUES IN TESTING THE RACE–CRIME INVARIANCE THESIS: BLACK,WHITE, AND HISPANIC COMPARISONS*

Our goal in this article is to contribute conceptually and empirically to assessments of the racial invariance hypothesis, which posits that structural disadvantage predicts violent crime in the same way for all racial and ethnic groups. Conceptually, we elucidate the scope of the racial invariance hypothesis and clarify the criteria used for evaluating it. Empirically, we use 1999–2001 averaged arrest data from California and New York to extend analyses of the invariance hypothesis within the context of the scope and definitional issues raised in our conceptual framing—most notably by including Hispanic comparisons with Blacks and Whites, by examining the invariance assumption for homicide as well as the violent crime index, by using discrete as well as composite disadvantage measures, and by using census place localities as the study unit. The mixed findings we report from our comparisons (across Whites, Blacks, and Hispanics; offense types; and type of disadvantage) suggest caution and uncertainty about the notion that structural sources of violence affect racial/ethnic groups in uniform ways. We conclude that the hypothesis should be regarded as provisional, and its scope remains to be established as to whether it applies only under narrow conditions or is a principle of general applicability.     

THE IMPACT OF CONTINUING EDUCATION TRAINING ON LAW GUARDIAN KNOWLEDGE,EFFICACY, AND PRACTICE BEHAVIORS

There is an increased demand for law guardians in domestic violence cases, especially those involving child witnesses. Training is required for law guardians to meet child clients’ needs. While workshops and conferences are typical venues for continuing education training, their effectiveness is unknown. This pilot study compared law guardians who attended a conference on community violence and children to nonattendees on several training outcomes. Results showed a positive impact on attendees’ feelings of efficacy and intentions to carry out new practice behaviors post‐conference; differences were maintained at follow‐up. Limitations and implications of this pilot study are discussed.     

A CROSS‐NATIONAL TEST OF BONGER'S THEORY OF CRIMINALITY AND ECONOMIC CONDITIONS*

Using international data for 100 countries, we test two hypotheses derived from Bonger's Marxian theory of crime. The analyses support the hypothesis that the degree of capitalism significantly predicts homicide rates, but they fail to confirm that the de‐moralization of the population (loss of moral feelings for others) mediates the relationship between capitalism and homicide. Although capitalism is not the best predictor among those considered, overall, the results underline the importance of Bonger's ideas because both capitalism and corruption (our indicator of de‐moralization) show reasonably strong relationships with homicide rates and compete with other variables commonly used as predictors of international homicide rates. The results confirm the usefulness of attempting to subject Marxian ideas to positivist, quantitative tests, with an eye to integrating Marxian theories with other mainstream theories, such as institutional anomie theory.     

DISPUTE RESOLUTION AND THE POSTDIVORCE FAMILY: IMPLICATIONS OF A PARADIGM SHIFT1

Over the past two decades, there has been a paradigm shift in the way the legal system handles most family disputes—particularly disputes involving children. This paradigm shift has replaced the conventional model of adjudication with a more collaborative, interdisciplinary, and forward‐looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system. This essay examines the elements of this paradigm shift in family dispute resolution and explores the opportunities and challenges it offers for families, children, and the legal system.