警察机关干预家庭暴力法律问题的几点思考

我国现有的警察机关干预家庭暴力的法律法规存在着重事后处置,忽视事前预防,重行政、刑事处罚,忽视民事责任承担等问题,因此,必须予以完善。应充分运用好现有的授权性规范,强化警察机关干预家庭暴力的责任意识;协调相关立法,增强可操作性;处理好隐私权与知情权、公力救济与当事人救济申请主动权之间的关系。     

STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

DOMESTIC VIOLENCE,DOVE, AND DIVORCE MEDIATION

The primary objective of this article is to describe DOVE, a 19‐item instrument designed to assess and manage the risk of domestic violence between partners during and following their participation in divorce mediation. Assessing risk, more specifically how DOVE can be used to assess risk, is described first. The resulting risk scores (TOTDOVE) are used to assign individuals to risk categories. Problems associated with using categorical, frequency, and probability risk assessment formats in interpreting and communicating risk are discussed in the second segment of the article. A dual, categorical/probability format is advocated. Managing risk using Safety Plan interventions that are linked with risk category and predictor subscores on control, substance abuse, anger, relationship problems, mental health problems, and conflict is covered in the final segment.     

Education and Marriage as Protective Factors Against Homicide Mortality: Methodological and Substantive Findings from Moscow

This study examines the protective effects of education and marriage against homicide mortality in Russia. Individual data are obtained from death records and population data from the 1994 micro-census, and differentials in mortality from homicide are estimated employing two different methods: a straightforward approach using census data and proportional mortality analysis. We find that the latter underestimates the impact of education on homicide mortality. Despite differences in effect sizes, however, both methods reveal a significantly higher risk of homicide victimization for those that are unmarried and less educated. We conclude that education and marriage likely provide social capital and coping skills that protect individuals against violent victimization, even during times of dramatic social change and dire economic circumstances such as those faced in transitional Russia.     

When random assignment fails: Some lessons from the Minneapolis Spouse Abuse Experiment

In this paper, we consider what may be done when researchers anticipate that in the implementation of field experiments, random assignment to experimental and control groups is likely to be flawed. We then reanalyze data from the Minneapolis Spouse Abuse Experiment in a manner that explicitly models violations of random assignment. As anticipated, we find far larger treatment effects than previously reported. The techniques developed should be useful in a wide variety of settings when random assignment is implemented imperfectly.     

Inequality,Ethnicity, Political Mobilisation and Political Violence in Latin America: The Cases of Bolivia,Guatemala and Peru*

The paper explores the relationship between political violence and ‘horizontal’ inequality in ethnically‐divided countries in Latin America. The cases studied are Bolivia, Guatemala and Peru. Preliminary results are reported on the measurement of horizontal inequality, or that between groups, defined in cultural, ethnic and/or religious terms. The Latin American cases are shown to be often more unequal than the cases from Africa and Asia included in the wider study of which the work forms a part. The complex relationship between such inequality, ethnicity and political violence is explored historically. Ethnicity is today rarely a mobilising factor in violence in the Latin American cases, but the degree of inequality based on ethnicity is shown to be highly relevant to the degree of violence which results once conflict is instigated. History explains why.     

Serious Youth Gun Offenders and the Epidemic of Youth Violence in Boston

Boston, like many other major cities, experienced a sudden increase in youth homicides during the late 1980s and early 1990s. Research evidence suggests that the recent epidemic of urban youth violence was intensely concentrated among criminally active young black males residing in disadvantaged urban neighborhoods rather than all young black males residing in disadvantaged black neighborhoods. Other researchers, however, suggest that there was a diffusion of guns and gun violence from youth involved in street crack markets to youth outside the drug trade who armed themselves primarily for self-protection against the armed criminally active youth. In this paper, criminal history data are analyzed to determine whether the criminal profile of Boston arrested youth gun offenders changed over time and micro-level data on youth gun assault incidents in Boston are examined to unravel whether there were noteworthy changes in the nature of these violent events over time. The results of these analyses suggest that the youth violence epidemic in Boston was highly concentrated among serious youth gun offenders rather than a diffusion of guns away from the street drug trade, gangs, and criminally active youth.     

GENDER AND ADOLESCENT RELATIONSHIP VIOLENCE: A CONTEXTUAL EXAMINATION*

A growing body of research examines the problem of adolescent dating violence. In these studies, fairly high rates of female‐to‐male violence have been documented, leading to considerable debate about the role of gender in dating and other partner violence. Drawing from a broader qualitative study of violence in the lives of African‐American youths from a distressed urban community, we weigh in on this debate by providing a contextual examination of the nature, circumstances, and meanings of adolescent dating violence. Our research shows that the meanings and consequences of girls ‘violence are strikingly different than those of boys’, and that both are grounded in gender inequalities. We conclude by discussing the significance of these findings for both feminist and general research on dating violence.     

Exposure to Family Violence in Young At-Risk Children: A Longitudinal Look at the Effects of Victimization and Witnessed Physical and Psychological Aggression

This study examines the contribution of specific types of family violence exposure (e.g., victim vs. witness; physical vs. psychological) to aggressive and anxious/depressed problem behaviors in young (i.e., 6-year-old) at-risk children. This multisite prospective study of 682 children from four different regions of the country asked mothers and their 6-year-old children to report on violence exposure in their families. After controlling for mother reports of child problem behaviors on the Child Behavior Checklist at Age 4, it was found that subsequent exposure to family violence predicted reported problem behaviors at Age 6. Although mothers' report of child victimization predicted subsequent problem behaviors, witnessed violence was related to these problems only when both mothers and children reported its occurrence. The results of this study suggest that even though there was a relationship between witnessed and directly experienced family violence, both had independent, noninteractive effects on subsequent behavior problems.