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.     

Domestic violence during pregnancy in India

Domestic violence can result in many negative health consequences for women's health and well-being. Studies on domestic violence illustrate that abused women in various settings had increased health problems such as injury, chronic pain, gastrointestinal, and gynecological signs including sexually transmitted diseases, depression, and posttraumatic stress disorder. This article tries to understand the association between domestic violence and pregnancy outcomes and other health consequences. The study was carried out in all the six zones of India that is, northern, southern, eastern, western, central, and northeast zones. The study design was conceived as an analytical cross sectional study with multicenter approach. Multistage sampling and then probability proportion to size (PPS) sampling were done. A total of 18 states were taken for the study with a total sample of 14,507 married women and 14,108 married men. Married men were considered from the neighboring villages to understand men's perspective. To understand the situation, women were interviewed using semistructured questionnaire as well as qualitative data like FGD and case studies. The result shows that domestic violence occurs during pregnancy across six zones. The situations become worse for women if her husband or family perceived the pregnancy to be a female child and there is a demand for male child. It has major health implications in accessing and utilizing antenatal care and immunization.     

Domestic violence and sexual assault service goal priorities

We investigated agency directors' perspectives about how service goals should be prioritized for domestic violence and sexual assault service subtypes, including crisis, legal advocacy, medical advocacy, counseling, support group, and shelter services. A sample of 97 (94% response rate) North Carolina domestic violence and/or sexual assault agency directors completed a survey asking participants to rank the importance of service goals. Overall, participants considered emotional support provision to be a critical service goal priority across all service types. Social support and self-care service strategies were deemed less important. However, prioritization of other service goals varied depending on the service type. Statistically significant differences on service goal prioritization based on key agency characteristics were also examined, and agency characteristics were found to relate to differences in service goal prioritization.     

Domestic violence in Ghana: an initial step

This article aims to expose the anxiety of abused women in Ghana by defining domestic violence within their culture. A survey conducted among 50 women clients of the Legal Aid Clinic of the International Federation of Women Lawyers in Ghana revealed that wife beating, to some extent, is an acceptable norm of the society. These battered women are more likely to define their experiences as a form of discipline at the hands of their husbands rather than domestic violence or wife battering. An examination of their social practices demonstrates that tradition is the most important reason why Ghanaian women accept the obvious disparity between their lifestyles and that of their male counterparts. Their traditional folk tales narrates stories about a man beating his wife to maintain law and order; while Ghanaian folk and highlife songs revolve around themes that encourage this mastery of wives and male superiority. The existence of domestic violence in all Ghanaian communities highlights the need for social reforms and substantive equality for Ghanaian women. Initial solutions include emphasis on public education, which fosters awareness and social change through women's organizations that work within communities. Once educational efforts have been established, long-term solutions such as adopting legislation to help battered women, as well as educating the police and the judiciary about domestic violence can then be integrated into Ghanaian society.     

实践中的证据法——中国证据法实施情况调查研究

证据制度是本次中国司法文明指数体系的一个重要一级指标,我们选取了四项二级指标进行了评估,通过问卷调查和数据分析,并结合中国证据法治指数问卷调查的数据,可以得出以下结论:当事人证据权利缺乏有效保障,侦查人员的证据意识有所增强,非法证据排除规则有待落实,以及司法证明过程缺乏合理规范。     

Domestic violence: Victimization, police intervention, and disposition

The data presented here are consistent with prior research conclusions and indicate that wives have been victims in domestic dispute incidents in the United States more frequently than other family or household members. Further, in specific instances where criminal complaints were initiated, it is shown that in these instances, arrest under the Domestic Violence Program produced the strongest association when wives were the victims. The police were likely to arrest offenders (1) when criminal complaints were initiated and (2) when intimate family members, rather than strangers, were victims. The data indicate that victims who did not initiate criminal complaints did not receive adequate protection or services from the criminal justice system, and criminal complaints initiated by wives received significantly more arrest-and-referral activity than did complaints initiated by other family or household members.     

Domestic violence and dependency courts: the Greenbook demonstration experience

This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the Greenbook initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court, where child maltreatment cases are heard, specifically court participation in collaborative activities and court practice improvements. Findings indicate that perceptions of judicial leadership varied considerably by site. Cross-training appeared to increase over time, particularly with court staff. Collaborative efforts emerged across the Greenbook initiative with regard to the courts, and some innovative practices appeared within Greenbook sites, such as separate case plans for perpetrators and victims of violence in families, reducing the likelihood of controversial failure to protect charges. Results also highlight challenges inherent in changing court practices. Research and practice implications are discussed, focusing on relevance to other communities attempting to work collaboratively with the court system.     

Domestic violence and criminal justice training needs of social services workers

Domestic violence is a multifaceted problem that requires various agencies to work together to serve victims. Among other agencies that are involved in this collaborative effort, criminal justice officials must work with social services workers to ensure that cases are handled effectively. At the root of this collaborative effort, it is natural to question whether various parties have the knowledge needed to effectively respond to specific cases of domestic violence. In this study, attention was given to whether social workers possessed enough knowledge about various aspects of domestic violence, including information required to process domestic violence cases in the criminal justice system. In all, 186 social services worker supervisors in the Commonwealth of Virginia were asked to rate the level of knowledge they believed social services workers had regarding specific domestic violence topics with the level of knowledge workers they believed social workers needed regarding each domestic violence topic. Findings suggested that social services workers might have more problems dealing with the interpersonal nature of domestic violence cases than they do with the legal issues. At the same time, the supervisors suggested the workers knew less about specific legal options than they needed to know. Based on this, the authors suggest changes in training for all human services workers, including criminal justice officials and social workers.     

Domestic violence between same-gender partners: recent findings and future research

Empirical literature about same-gender domestic violence was relatively nonexistent until the past 20 years, and conducting research with this population about a sensitive topic remains a daunting endeavor. Existing studies reveal similarities between opposite-and same-gender domestic violence in prevalence, types of abuse, and various dynamics, as well as dispel myths and establish a theoretical basis on which to conduct future research. Differences are evident in areas such as help-seeking behaviors and correlates, thus demanding unique assessment and intervention strategies. This article presents further explanation of the latest research, recommendations for future studies, and effective as well as problematic methodological practices about same-gender domestic violence.     

Domestic violence: A national study of the nature, size and effects of domestic violence in the Netherlands

This article reports on a large-scale nation-wide study conducted by Intomart among 1,000 randomly selected Dutch adults (male and female) about their experiences with domestic violence. An important goal of the survey was to generate general information on domestic violence. It turns out that nearly half of the Dutch population (45%) has at one time been a victim of some form of non-incidental domestic violence. It was also demonstrated that both men and women become victims of domestic violence, and the high percentages of victimization during childhood are particularly striking. Furthermore, it turned out that domestic violence often involves a combination of physical, mental and sexual forms of violence.     

Developments in cybercrime law and practice in Ethiopia

With increasing access to information and communication technologies such as the Internet, Ethiopia has recently taken responsive legislative measures. One such legislative measure is enactment of cybercrime rules as part of the Criminal Code of 2004. These rules penalize three items of computer crimes namely hacking, dissemination of malware and denial of service attacks. The cybercrime rules are however slightly outdated due to changes that have occurred in the field of cybercrime since the enactment of the Code. The surge of new varieties of cybercrimes previously uncovered under the Code and the need to legislate tailored evidentiary and procedural rules for investigation and prosecution of cybercrimes have recently prompted the Ethiopian government to draft modern and comprehensive cybercrime legislation, but the draft law still needs further work on cybercrimes in light of other major legislative developments at regional and national levels. This article closely examines major developments in cybercrime law and practice in Ethiopia since the enactment of the first set of cybercrime rules and proffers recommendations towards a unified cybercrime regime.     

Domestic violence: a complex health care issue for dentistry today

As a natural outgrowth of the dental professional's role in recognizing and reporting child abuse the topic has been broadened in recent years to domestic violence, that is child, spouse/intimate partner, disabled and elder abuse. Forty years ago in the US there were 662 cases of child abuse reported to authorities. Today that reported number is in excess of 3 million per year [D. Wiese, D. Daro, Current trends in reporting and fatalities; the results of the 1994 annual 50 state survey, National Committee to Prevent Child Abuse, Working Paper 808, 1995]. The "dirty secret" of spousal/intimate partner violence is believed to affect 3-4 million individuals per year in the US. Studies have also found that between 50 and 70% of these perpetrators also abuse their children or those of their intimate partner [J. Kessman, Domestic violence, identifying the deadly silence, Texas Dent. J. (2000) 43]. Just as child abuse is most often manifested in the head or neck regions, likewise the evidence of physical violence to intimate partners and the elderly can be seen in the head or neck regions. The insidious part of partner and elder abuse is that often the largest component of these behaviors is psychological, emotional and indirect neglect, which leave no physical evidence [M. Bowers, Forensic Dental Evidence: An Investigator's Handbook, Elesevier, San Diego, CA, 2004, p. 119].     

Domestic violence case processing: a matter of local legal culture

As one enters a courthouse, its culture is communicated to its listening visitors. The manner in which the security guards speak; the length of time victims are kept waiting; the amount of bail a defendant is assessed; communicate messages to those who are paying attention. Domestic violence cases have long suffered from lenient treatment and dismissals in our criminal courts. This paper examines a unique explanation for this problem: the court’s local legal culture. The elements of two courts’ local legal culture that most profoundly impacted their processing of domestic violence cases are examined. Over a six month period, 23 in depth interviews were conducted with court workgroup members in two courts, one with a specialized domestic violence session and one without. Court room observations were used to supplement these interviews. The results were insightful and telling about how a court’s culture can, at times, be more influential on case processing than the law itself.     

Domestic violence and high conflict are not the same: a gendered analysis

In child custody decision-making experiences of domestic violence and high conflict are not the same. Legislative reform has not yet been guided by the parent voice to inform differentiated responses that keep women and children safe. Available literature in child custody decision-making focuses on outcome research regarding children’s adjustment and well-being. Debates about types of post-separation arrangements have yet to find agreement in three under-researched areas: (a) high conflict, (b) domestic violence; and (c) children under four. Yet, Canadian legislation supports shared parenting arrangements that privilege the dominant, powerful parent in situations of domestic violence. Based on a Canadian study that explores the parent perspectives and experiences of child custody decision-making, this paper privileges a sub-group of participants; five women, all survivors of domestic violence; defined here as both physical violence and coercive control. Data collection includes one-on-one tape-recorded interviews. Thematic analysis reveals that shared parenting is neither the goal, nor does it meet the needs of these women. The findings illuminate the importance of differentiating parent experience as distinct groups, and reinforces the notion of the state’s role in the reproduction of gendered power. Legislative reform and collaborative community practices are critical to facilitate healthy differentiated responses.     

Intellectual property law and practice in the blockchain realm

Blockchain technology is claimed to be and perceived as one of the revolutionary technologies that will have an enormous impact on our lives in the forthcoming years and decades. The legal questions surrounding blockchain appear to be among the most controversial issues surrounding this novel technology, which create uncertainties as to the scope and speed of its eventual adoption. Is it legal to use blockchain technology? Does or should any governmental authority or court take a record stored in blockchain into consideration in their decisions? Is blockchain reliable? Can the technology be used for the protection and enforcement of legal and property rights?The technological advancements offered by blockchain promise wide ranges of use in a variety of sectors and legal areas, including intellectual property (IP) law. This paper will focus primarily on the possible opportunities that blockchain may offer with respect to the future of IP law and discuss its potential impact on the registration, management and enforcement of intellectual property rights. We will proceed to offer blockchain-based solutions to foster the operation of IP offices, reinforce customs procedures in detecting counterfeit products, and enhance the efficiency of IP rights management by the right holders. The paper concludes by providing some suggestions to pave the way for the advancement of blockchain technology and to increase the number of people that this technology reaches, as well as its successful integration into the various services and registration/transaction channels that we use today.