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.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

Family Court Enhancement Project: Improving Access to Justice

In 2013, Minnesota's Fourth Judicial District was one of four courts in the country selected by the U.S. Department of Justice, Office on Violence Against Women to receive a Family Court Enhancement Project (FCEP) grant, a multiyear demonstration initiative designed to build the capacity of court systems and partner stakeholders to improve child custody decision making in cases involving domestic violence. The FCEP enabled the project sites to explore, implement, and assess new and innovative court and noncourt procedures and practices. This article is an exploration of the outcomes of this project.     

The Role of Domestic Courts in the Case Law of the International Court of Justice

Recent legal scholarship has argued that the traditional hierarchicalrelationship between international courts and domestic courtshas been replaced by a relationship characterized by such featuresas co-operation, communication and dialogue. This article examinesto what extent the practice of the International Court of Justicesupports that development. It concludes that the while the caselaw of the International Court of Justice remains largely rootedin the traditional perspective, in which decisions of domesticcourts are just facts, in recent cases we can see some evidencefor a more complementary relationship.     

Juvenile Justice Advocacy: Practice in a Unique Court

The defense attorney must remember that the Juvenile Court is a court and not a social agency. But the fact that it is a court should not obscure the fact that it is a court with social objectives and social techniques. Thus, he must have the knowledge and ability to suggest alternative treatments to court adjudication.     

Rumble in Paradise: The Caribbean Court of Justice Creating Waves in International Law after British Caribbean Bank v Belize

On 25 June 2013, the Caribbean Court of Justice denied a motion to halt the proceedings of an international arbitration between British Caribbean Bank (BCB) and the Government of Belize, and instead granted BCB the right to continue with the arbitration proceedings. The ruling is particularly important as it sheds light on the anti-arbitration principle – a feature known mostly to Common law – and the still troubled area of expropriation in relation to bilateral investment treaties. In this case comment, I will provide an overview of those main points and assess what implications there are under international law. Specifically, this comment also develops a notion of financial property, and asses under what circumstances financial property can be expropriated in light of bilateral investment treaties. The focus on financial property is to both generate a discussion and also raise more questions on problematic clauses in investment treaties.     

Worthy of Justice: A Veterans Treatment Court in Practice

This article examines the purpose and practice of a Veterans Treatment Court (VTC), a new type of problem-solving court designed to connect qualifying former service members in the criminal justice system with social services. While existing studies of VTCs explain these courts by focusing on veterans' distinct needs or deservingness based on their military service, this article argues that these courts are being created because of societal beliefs about veteran worth. By revealing how court staff, participants, and volunteers in one VTC invoke beliefs about veteran worth, the findings of this study show that VTCs link worth to veteran identity, leaving participants suspended in conflicting notions of state and individual responsibility for criminal behavior.     

Domestic Violence and Children’s Presence: A Population-based Study of Law Enforcement Surveillance of Domestic Violence

The purpose of the present study was twofold: (1) to test whether law enforcement officers could reliably use a standard protocol to collect data on domestic violence events (DVEs) across a large municipality, and (2) to use these data to examine prevalence and nature of the violence and children’s presence. Reliability checks indicated that data were collected reliably on over 5,000 substantiated DVEs. Findings showed that 48% of all assaults in the municipality were DVEs. Victims were predominantly females in their early thirties, and injuries were predominantly minor and resulted from body contact. Children were present in nearly 50% of the DVEs. They were disproportionately present in domestic violence households compared to all other households in the municipality. Domestic violence households with children were more likely to have mothers and fathers involved in the violence and were disproportionately minority households headed by single females in relatively poor neighborhoods.     

High-Risk Cases at the Intersection of Domestic/Family Violence and Child Protection: Learning from Practice

Journal of Family Violence - Domestic/family violence (DFV) and child protection co-occurrence of risk is common, with related homicides remaining a grave public concern. Recognising and...     

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.     

Interdisciplinary Practice in Family Court: A Judicial Perspective

This commentary emphasizes the windows of judicial opportunity to proactively manage family law cases, to empower families, and to encourage interdisciplinary conferencing and settlement.     

Racial Minority Women and Criminal Justice Responses to Domestic Violence

Racialized minority women’s experiences with Canadian specialized criminal justice responses to domestic violence have seldom been documented. Informed by an intersectionality framework, this qualitative study presents the struggles of 14 racial minority women from three Canadian cities and their experiences with the police and criminal court’s response to their partner’s acts of domestic violence. The results focus on how well specialized criminal justice responses address the needs of these women and protect them from further violence. Factors that facilitate or deter these women from approaching the criminal justice system for help are highlighted. The implications of these women’s narratives for criminal justice responses to domestic violence are discussed.     

值得深思的刑法“宽”“严”倒错问题——以常见多发型家庭暴力犯罪为例

在刑罚轻缓化背景下研讨宽严相济政策,不应忽视现行刑法中“宽”“严”倒错现象的存在。就常见多发型家庭暴力犯罪而言,突出地表现在,一方面,是刑法对虐待罪、伤害罪的弱软失度,另一方面,是刑法对“以暴抗暴”型杀人行为的过份苛酷。因此,有必要从相关刑法规定上予以完善。     

Procedural Justice in Resolving Family Conflict: Implications for Youth Violence Prevention

The fairness of our legal system is often judged by individuals and the public at large along dimensions of procedural and distributive justice. People seem to care about how legal decisions are made as well as about the specific outcomes reached by juries and judges. In fact, perceptions of procedural and distributive justice or injustice may influence public perceptions and confidence in the legitimacy of our legal system. This paper focuses mainly on procedural justice. Using an ecological framework, we tested the hypothesis that older adolescents use the same or similar criteria for evaluating fairness in the context of family decision making that people in general use to evaluate the fairness of legal processes and decisions. We also tested the hypothesis that family decision-making procedures that are perceived to be unfair contribute to increased risk for acting out and deviant behavior among older adolescents. Principal components analysis confirmed that older adolescents use several distinct criteria for evaluating procedural fairness in the family context and that these criteria are comparable to those that people use to evaluate the fairness of legal procedures (rational and objective treatment conveying personal respect, consistent and non-discriminatory treatment reflecting social status or standing, and instrumental participation or having "an opportunity to be heard"). Hierarchical multiple regression analysis confirmed that procedural justice factors are associated with adolescent deviant behavior. We discuss implications for adolescent deviance and youth violence prevention.     

Mothers Affected by Domestic Violence: Intersections and Opportunities with the Justice System

Secondary analysis from two qualitative studies was used to explore the interactions of mothers exposed to intimate partner violence (IPV) with the justice system. Results were categorized according to three key themes: (a) negative interactions within the justice system, (b) positive interactions within the justice system, and (c) recommendations for an improved justice system response to domestic violence. Overall, findings suggested that mothers affected by domestic violence are confronted with negative attitudes and ineffectual practices within convoluted bureaucratic criminal justice systems, leaving many feeling revictimized. Despite the negative aspects of the legal system, women in both studies cited positive examples of feeling comforted, validated, and even empowered by the actions of the specific service providers. The findings of both studies underscore the need for greater efficiencies within the justice system and mandatory training for service providers, making it easier for women who have left their abusers to access appropriate support services, as well as the importance of affirmational support particularly when it can be provided by a peer with shared experiences. Future research is needed to guide the development of interventions that will limit the impacts of IPV exposure on child developmental outcomes.