Intimate partner violence against women. Does violence decrease after the entry of the alleged offender into the criminal justice system?

Intimate partner violence(IPV)is simultaneously assumed as a serious crime and a major public health issue,having recurrences as one of its main characteristics and,consequently,re-entries of some alleged offenders in the criminal justice system(CJS).The main goal of this study is to assess if in cases of female victims of IPV,violence decreases after the first entry of the alleged offender in the CJS.A retrospective study was performed based on the analysis of police reports of alleged cases of IPV during a 4-year period.The final sample(n=1488)was divided into two groups according to the number of entries in the CJS(single or multiple)followed by a comparative approach.Results suggest that violence decreases after the first entry of alleged offenders in the CJS.Re-entries were found in only 15.5%of the cases but they were accountable for 3.3 times more crimes on average.Besides,victims of recidivism presented more injuries and required more medical care.Thus,a small group of alleged offenders seems to be more violent and accountable for most of the IPV crimes registered in the CJS suggesting that regardless of legal sanctions aiming to deter violence,these measures may not be enough for a certain group of offenders.This study sustains the need for a predictive model to quantify the risk of repeated IPV cases within the Portuguese population.     

Religiosity and violence: Are they related after considering the strongest predictors?

The present study was designed to examine the significance of religiosity and of church attendance after considering the effects on violence of sociodemographic variables and elements of control, strain, and social learning theories. The sample was comprised of inmates, aged fifteen to forty-seven years, at the only boot camp for adults in Arkansas.Logistic regression procedures indicated that religiosity, and not church attendance, maintained a significant inverse relationship to violence after other study factors were held constant. Implications of these findings were discussed.     

What Did the Janitor Do? Suggestive Interviewing and the Accuracy of Children's Accounts

Examined the influence of suggestive interviews on 5- to 6-year-old children's reports and recollections of an adult's behavior. Children (29 girls, 27 boys) witnessed a confederate, acting as a janitor, either clean or play with toys. An hour later they were interviewed in succession by the janitor's boss, by an experimenter, and by their own parent. Parents interviewed their child again 1 week later. The boss and experimenter interviewed the child in one of three ways: neutral (nonleading), incriminating (suggesting the janitor was bad and playing on the job), or exculpating (suggesting the janitor was good and doing his job of cleaning). When these interviews were neutral, children consistently gave accurate accounts of the janitor's behavior. When these interviews were suggestive, children's accounts shifted strongly in the direction of suggestion as the interviews progressed. By the end of the suggestive interviews, children's accounts uniformly corresponded to the interviewers' suggestions, even when the suggestions were inconsistent with what actually happened. These effects of suggestion persisted during the two nonleading parent interviews.     

Police-reported school violence among children below the age of criminal responsibility in Sweden – signs of increased sensitivity and segregation?

Since the 1980s in Sweden, children’s violent actions in schools have been reported to the police as criminal offences more frequently than before. This increasing trend is analysed against the background of a general increased cultural sensitivity to violence and slowly developing social changes that affect the propensity to report every form of violent incident to the police. This project analyses 1,239 police reports of assault, unlawful threat, molestation and insulting behaviour committed in schools by 7- to 14-year olds in ten municipalities in the Stockholm area. The time period studied is from 2000 to 2010. Regression analysis shows systematic differences among schools in different areas and social contexts. Average merit ratings, which are a measure of the educational quality of schools, explain most of the variance and correlate negatively with reported incidents. There are also significant differences among municipalities and school forms in terms of police reports. So-called resource schools, which are designed to serve children with special needs, report extremely high numbers of incidents per child. Reporting seems to have been routinised in many schools, including resource schools. Our results can be interpreted as suggesting that increased cultural sensitivity generates a bias against children in less affluent contexts.     

National self-image as an obstacle to ensuring children’s rights in the context of domestic violence and family law – the case of Sweden

ABSTRACT

The aim of this paper is to highlight and discuss contradictions and challenges in the current policy and practice regarding fathers’ violence towards mothers and children in the Swedish welfare state. In particular, professional discourses and understandings of domestic violence in disputes about contact, custody, residence and maintenance, following parental separation, are analysed. My research suggests that abusers find ways to manipulate professionals and get them unwittingly to enable their continued control of victimised mothers and children. One conclusion is that oppression is maintained through processes of familialisation and selective repression. These discursive practices reproduce intersectional inequalities and, in doing so, in many cases result in the administration rather than prevention of further violence.     

Are the perpetrators of violence one and the same? Exploring the co-occurrence of perpetration of physical aggression in the United States

Important gaps exist in our understanding of aggressive behavior and the extent to which aggression involves one or more types of victims. This information is critical for determining the utility of integrated approaches for violence prevention versus continuation of independent efforts for reducing community violence, partner violence, and child maltreatment. To better understand the overlap in aggressive behaviors within the general population, the authors examine the co-occurrence of self-reports of physically striking strangers, acquaintances, intimate partners, and children among a nationally representative sample of 3,024 U.S. adults. The findings from this cross-sectional random digit dial telephone survey show that more than a third of the population reports engaging in at least one form of aggression and that, of these, a third had perpetrated violence against more than one type of victim. The percent of respondents who reported perpetrating violence against more than one type of victim range from 13% (percent of those striking a friend or acquaintance who also struck a child) to 34% (percent of those striking a friend or acquaintance who also struck a stranger). Furthermore, engaging in one type of aggression substantially increases the odds of engaging in another from 1.5 to 4 times. The findings suggest potential value in pursuing both integrated and independent approaches in research and prevention.     

Scope of jurisdiction online and the importance of messaging – lessons from Australia and the EU

Where a court makes an order, for example, requiring an Internet platform to block or remove content, it has several options. The order can be limited to content displayed locally, it can apply to that content globally, or something in-between. This – the matter of ‘scope of jurisdiction’ – is gaining increasing attention and was the central issue in two recent decisions by the Court of Justice of the European Union (CJEU).In this article, I examine those two decisions. I then compare that to how Australian courts have dealt with scope of jurisdiction and I map out what we can learn from these cases. In doing so, I place emphasis on the importance of messaging and the need for judicial activism.     

Transnational and local entanglements in the ‘cycle of violence’ of Central American migration

ABSTRACT

Violence in Central America has become one of the reasons for leaving the region. Recent scholarship tends to understand violence within local and regional processes, while neglecting the larger transnational processes. Focusing on the case of Hondurans seeking asylum in the United States, this article argues that the phenomenon of violence that has forced Hondurans to leave is a result of a combination of local and transnational processes. Conceptually, this article draws on the notion of the ‘cycle of violence’ to understand the different forms of violence that forcibly displaces Central Americans. The notion has been used to understand how early exposure to violence is linked to future violent behaviour. However, it is limited to local processes. This article expands this notion by considering transnational factors, such as migration and the global agenda of crime control, in the contribution to the reproduction of the ‘cycle of violence’ of Central Americans.     

mHealth and data protection – the letter and the spirit of consent legal requirements

In this article, the role of consent is discussed in the framework of fundamental rights and in the context of mobile health technologies (mHealth), such as smart phones, mobile phones or tablet/palm-held computing devices to provide healthcare. The authors surmise how, in practice, although there will be more emphasis on informed consent formally, there will be less space for genuine individual consent. This betrays a focus more on the letter of consent rules in data protection than their spirit. This risks reducing consent to a tick box operation in a manner analogous to consumer transactions, something manifestly unsuitable for consent, even if only in informational terms, during medical procedures.     

Law,language, and the power of ‘invisible threats’ of violence against women

Violence, and the threat of violence, is a pervasive feature of women's lives. From high-profile threats in politics to everyday harms such as domestic abuse, violence, threat, and intimidation control women's behaviour and silence their voices. Yet in many cases the pernicious and harmful effect of threat is not captured by the law. Drawing on the work of sociologist Pierre Bourdieu and empirical research undertaken in Northern Ireland, this article analyses the ways in which both objective and ‘incorporated’ social structures generate invisible forces of fear and threat that the law does not see, but that women feel and structure their lives around. The article develops the novel conceptual tool of ‘invisible threats’ to capture threat as harm, to show the relation between threat and gendered (in)securities, and to challenge institutions of the law to respond better to invisible threats as perceived and articulated by women.     

“To not hate”: reconciliation among victims of violence and participants of the Greensboro Truth and Reconciliation Commission

The Greensboro Truth and Reconciliation Commission (GTRC) was an intervention promoting reconciliation among the victims and community affected by the 1979 Greensboro Massacre in North Carolina. An exploratory qualitative research design was used, in which in‐depth, open‐ended interviews were conducted with victims of the Greensboro Massacre who subsequently participated in the GTRC (n = 17). Findings revealed a typology of reconciliation that includes cognitive–affective, behavioral and social reconciliation. Respondents displayed different orientations in how they prioritized reconciliation with the twin goals of seeking truth and justice. The GTRC did contribute to interpersonal reconciliation, and can be a useful model of communities working to recover from violence. The cognitive–affective, behavioral and social typology of reconciliation can be used to assess other interventions aimed at promoting reconciliation. Individuals’ personal orientations towards reconciliation can also be used to explain different reactions among people to restorative justice efforts.     

The violence relapse process – a qualitative analysis of high-risk situations and risk communication in mentally disordered offenders

Abstract

Approximately 45% of mentally disordered offenders relapse into violence. Although much is known about factors related to the risk of future violence, the violence relapse process is still in many aspects an unexplored area. The aim of this study was to increase the knowledge of the recidivism process and risk communication of the repeatingly violent mentally disordered offender. A qualitative study using open-ended, semi-structured interviews was conducted with 14 mentally disordered offenders who had relapsed into violent behaviour. Important risk markers, pointed out by the informants, such as separations, drug problems, homelessness, and lack of sleep, were presented in a situational context. All but one of the informants were of the opinion that they directly or indirectly had communicated their violent intent or the experience of an intolerable situation. These results may help practitioners to target interventions and prevent further violence.     

Exploring the age of onset and recurrence of childhood animal cruelty: can animal cruelty be learned from witnessing others commit it?

Despite recent research, few studies have examined the specific social contexts in which animal cruelty may be learned. Using data collected from 180 inmates at a medium- and maximum-security prison in a southern state, the authors seek to replicate findings from the Hensley and Tallichet study that examined the potential for the onset and recurrence of childhood animal cruelty to become a learned behavior, specifically in terms of demographic characteristics and childhood experiences with witnessing animal abuse. In the current study, those who were younger when they first witnessed animal cruelty initially hurt or killed animals themselves at a younger age. Respondents who had witnessed a family member hurt or kill animals reported engaging in recurrent animal cruelty and were older when they committed their first act of animal cruelty.     

We mind and we care but have things changed? Assessment of progress in the reporting,investigating and prosecution of allegations of rape

Abstract

This paper discusses three themes in relation to assessing progress in the Criminal Justice System's (CJS) ability to investigate and successfully prosecute rape. The themes are business as usual, the justice gap and implementation problems. They arose as a consequence of two discussion papers in this volume by Kate Cook and Jan Jordan, who take positions of optimism and pessimism with respect to improvements for rape victim survivors after a series of reforms and changes in police and prosecution procedures. The stimulus for these papers was the latest review in England and Wales into the CJS's approach to rape conducted by Baroness Stern (2010). The present paper observes that the lack of systematic evaluative research makes it difficult to assess whether innovations in the CJS with respect to rape have been effective or to partial out the relative contribution law reform and changing police or prosecution practice may have made to reporting and conviction rates. Finally, it is suggested that intensification of effort to fully implement review recommendations may achieve limited improvement because of the characteristics of an adversarial legal model.     

Legal professionals’ knowledge and experience of autistic adults in the family justice system

Abstract

Access to justice is a key theme in the family justice system, especially for those with particular vulnerabilities. Autism, a development condition characterised by difficulties in social communication and interaction, and the presence of rigid, repetitive behaviours, presents particular challenges in this area. This paper reports the findings of a mixed-methods study with legal professionals working in the family justice system, asking about their knowledge of autism, their perceived self-efficacy when working with autistic clients, and their experience of cases involving autistic litigants. The study reports high levels of knowledge, but low levels of confidence, by legal professionals (N = 204), and addresses the experiences of particular cases in follow-up discussions (N = 10). The paper concludes by making a series of recommendations for legal professionals to assist autistic people to engage fully in family court proceedings.     

Changing institutional culture in the wake of clerical abuse – the essentials of restorative and legal regulation

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse completed its final report in December 2017 after five years of hearings. The Royal Commission was the culmination of pressure from a series of public inquiries about institutional sexual abuse and sustained advocacy from victims and survivor support groups. The Commission made recommendations designed to change institutional leadership, governance and culture. The challenge is to have that change embedded in institutional culture. This paper considers how this might be done in a specific institution, the Catholic Church given that more than two-thirds of reported abuse in faith-based institutions occurred within its ranks. Regulatory theory suggests effective regulation must be responsive to past institutional behaviour. In the case of the Church, the task is profound given its strong self-protective culture which has long shielded abusers. The form of regulation must provide a balance where criminal sanctions loom large in the background while redress processes proceed in the foreground to repair both the harm suffered by survivors and renew Church culture.