李阳家暴事件的法律思考

家庭暴力这一带有普遍性的丑恶现象,是一个全球性的社会问题。家庭暴力侵害着妇女的身心健康、破坏家庭和睦、危害社会稳定,为社会所不容。本文将从李阳家庭暴力事件入手,分析我国家暴立法和执法中的不足,简要分析我国与其他国家在处理家暴问题上存在的差距,就如何预防和制止家庭暴力作简单的探讨,呼吁全社会对家庭暴力问题的共同关注和协助,共同来预防和消除家庭暴力。     

Enhancing judicial skills in domestic violence cases: the development,implementation, and preliminary evaluation of a model US programme

ABSTRACT

The overwhelming number and complexity of domestic violence cases in criminal and family courts has resulted in the development of education programmes to assist judges. There is limited research on judicial education in this area. This paper reviews one such initiative entitled ‘Enhancing Judicial Skills in Domestic Violence Cases’ (EJS) that has been developed and implemented over the last 20 years by the National Judicial Institute on Domestic Violence, a partnership of the US Department of Justice Office on Violence Against Women, National Council of Juvenile and Family Court Judges and Futures Without Violence. We present findings of a preliminary evaluation of the programme based on the self-reports of 480 judges who had taken the four-day workshop between 2006 and 2010. Overall, judges reported the programme to be engaging and effective. At a six-month follow‐up, most of the judges identified specific benefits and behavior changes in the areas of access to justice, judicial leadership, victim safety, and abuser accountability as a result of participating in the programme. Critical issues in judicial education are highlighted based on the authors’ experiences in the development and implementation of this programme.     

After father's death: Authority and conflict in the eighteenth-century French household

This article argues that Parisian widows, in taking over a guiding role in the household, upset normative gender roles. One result of that change was violence in the household between widows and their adult sons. In asserting their authority, widows found unlikely allies in the institutions of the State, legal structures and the guild system. Ultimately, widows' roles in their families demonstrated the ways that gender roles were fluid in lived experience, as opposed to the ways they were articulated in rhetorical texts.     

‘Done to death by father or relatives’: Irish families and infanticide cases, 1922–1950

In February 1929 the Bishop of Ossory commented on the fact that in Ireland illegitimate infants were often ‘done to death by father or relatives’ (Irish Catholic, 16 February 1929). There were many instances where family members of unmarried women who gave birth were the sole defendants or co-defendants in infanticide cases in post-independent Ireland. Although illegitimate infants were ‘done to death’ by their fathers in a number of cases that were tried at the Central Criminal Court in Dublin between 1922 and 1950, this article will focus on cases where infants were murdered or suspected of having been murdered by relatives of the birth mother both in the Twenty-Six Counties and in Northern Ireland (Irish Catholic, 16 February 1929). For the purposes of this article I have referred to the murder of illegitimate infants as ‘infanticide’ even though there was no separate charge of infanticide in the Irish Free State until 1949. The English infanticide acts of 1922 and 1938 also applied to Northern Ireland. This article discusses the motives of the relatives of single mothers who played a part in the deaths of illegitimate infants. Unmarried motherhood was severely frowned upon in Ireland and the relatives of single pregnant women assisted their female kin in destroying the evidence of extra-marital conception in order to protect the family's honour and moral reputation in the wider community. The records of infanticide trials provide a great deal of insight into the ways in which mainly working-class families dealt with the strain of pregnancy outside wedlock in Ireland between 1922 and 1950.     

Crime Victims and the Social Services: Social Workers' Viewpoint

The aim of this article is to analyse how social workers in the social services describe crime victims and their role in supporting these victims. Based on focus groups with social workers in the social services, it is established that social workers discriminate between a categorical understanding of crime victims and an assessment of individuals in need. The categorical understanding of crime victims is connected to weakness and innocence, and the discussions are constructed with a focus on women and children. However, when the social workers move beyond this idea and describe individual victims of crime they have met, they attribute a more complicated picture and acknowledge the complexity of crime and victimization. The social workers give themselves a vague role regarding support to victims of crime. They consider themselves as able to connect individuals in need with helping resources, but they do not regard themselves as resources in this area. According to the social workers, an individual should not receive support from the social services just because he or she is categorized by them as a victim of crime. One conclusion is that the category ‘crime victims’ has not gained acceptance among the social workers.     

Perceptions of Same-sex Domestic Violence Among Crisis Center Staff

Crisis center staff help form the frontline in the fight against domestic violence. Therefore, it is important that we understand any biases they may have when addressing cases of same-sex domestic violence. In this study, 120 crisis center staff members were given a vignette depicting a domestic dispute and asked to complete a questionnaire about their perceptions of the incident and the parties involved. We manipulated the sex of the perpetrator and victim. All other aspects of the vignette remained consistent. Because gay and lesbian relationships are often perceived as less serious than heterosexual relationships, we hypothesized that participants would perceive same-sex domestic violence as such. Consistent with this hypothesis, participants rated same-sex domestic violence scenarios as less serious than opposite-sex domestic violence and as less likely to get worse over time.     

The Downside of Patriarchal Benevolence: Ambivalence in Addressing Domestic Violence and Socio-Economic Considerations for Women of Tamil Nadu,India

Social values and status cause diverse obstacles for escaping abuse (e.g., belief in the sanctity of marriage vs. financial necessity to stay for survival). India provides a unique opportunity to explore the interplay of status and corresponding patriarchal values in relation to the incidence of domestic violence and how it is viewed, coped with, and psychologically impacting native women. Sixty-four women of Tamil Nadu, India were surveyed. Women of higher status were found to be less likely to acknowledge abuse as a societal problem, accurately identify abuse events, and seek help or report abuse. Women who had more realistic conceptions of abuse were more likely to seek help but also likely to experience more severe psychological distress. All of the women surveyed had symptoms of post-traumatic stress disorder that were exacerbated by unsuspected variables. The implications of these findings are discussed in light of public health strategies.     

Does Ambivalent Sexism Influence Verdicts for Heterosexual and Homosexual Defendants in a Self-Defense Case?

The current research examined the role of defendant and participant sex, presence or absence of expert testimony of the “battered person syndrome”, and sexual orientation of the defendant on perceptions of guilt in a self-defense case. The role of sexism in judgments of culpability was also examined. A sample of 442 participants read a self-defense case scenario and responded to questions pertaining to verdict, defendant culpability, legal element ratings, and sexist attitudes. Results revealed a four-way interaction, showing female participants prescribed the lowest guilt ratings to heterosexual female and homosexual male defendants who received expert testimony of the battered person syndrome. When heterosexual male defendants received expert testimony, ratings of guilt significantly increased. A multiple regression was conducted to determine whether legal and extra-legal factors predicted defendant culpability. Sexist attitudes (benevolent sexism towards men and women) and certain legal elements were predictive of defendant culpability. Limitations and implications are discussed. Study findings were presented in a poster at the annual meeting of the American Psychology-Law Society (APLS), Jacksonville, Florida (March, 2008).     

The Incidence and Impact of Family Violence on Mental Health Among South Korean Women: Results of a National Survey

This representative national survey examined incidence of husband-to-wife violence in the past year, lifetime exposure to parental violence, and the relationships between victimization experiences of family violence and mental health among South Korean women (N = 1,079). The major findings were that incidence rate of husband-to-wife violence among Korean women was 29.5%, which was much higher than those of other nations, and that their experiences of physical violence by husbands in the last year and lifetime verbal abuse by parents had strong associations with the mental health of victims. The findings suggest that preventive intervention programs for male perpetrators as well as domestic violence victims with mental health problems and comprehensive interventions for Korean couples are urgently needed. In addition, parents should be educated about how to modify their children’s behavior without physical punishment or verbal abuse.

Predictability of Physical and Psychological Violence by Early Adverse Childhood Experiences

Early Adverse Childhood experiences (ACEs) in families of origin can take the form of witnessing it and/or being its victim, both of which can lead to the occurrence of domestic violence. Given such close linkage, the purpose of the present study was to determine the predictive abilities of ACEs regarding specific types of physical and psychological violence. To do so, 50 couples from those referred to five different family courts in Tehran to seek divorce due to domestic violence, were randomly selected and administered an author’s-made questionnaire assessing different types of physical and psychological violence and the participant’s history of abuse by their parents. Our findings showed that witnessing domestic violence in childhood can predict different types of physical and psychological violence, but mostly could account for “hitting” of the physical type and “cursing” of the psychological type. Similarly, being the victim of domestic violence mostly accounted for predict “strangling” of the physical type and “cursing” of the psychological type. Such results are discussed in the context of the existing literature and underscore ACEs importance in terms of their predictive ability of various types of physical and psychological violence.