Evolving Federal Policies and Their Implications for Greenbook Interventions

This article addresses the influence of the Greenbook on federal policy in the past 20 years and traces the history of federal policy responses to the co‐occurrence of domestic violence and child maltreatment. While there has been some success in getting the domestic violence and child abuse fields to embrace equally the needs of adult and child survivors of domestic violence, federal legislation has progressed slowly, reflecting that ambivalence. Strengthening cross‐system policy advocacy and increasing evidence that addressing domestic violence improves outcomes for children are identified as ongoing needs.     

Advocacy Perspectives on the Greenbook: Interviews with Domestic Violence Advocates from Three Federally Funded Greenbook Sites

Between 2000 and 2005, six sites engaged in local implementation of recommendations made in Effective Intervention in Domestic Violence and Child Maltreatment: Guidelines for Policy and Practice (the Greenbook), published by the National Council of Juvenile and Family Court Judges in 1999. This three‐part article reflects recorded conversations in June and July of 2019 and captures the perspectives of five domestic violence advocates who participated in local Greenbook implementation (in El Paso County, CO; San Francisco County, CA; or Santa Clara County, CA) and their thoughts on the Greenbook work then, since then, and going forward.     

The Greenbook and the Overrepresentation of African American,Hispanic, and Native American Families in the Child Welfare System

Effective Intervention in Domestic Violence & Child Maltreatment Cases: Guidelines for Policy and Practice (the Greenbook) provided a valuable framework for child welfare agencies, domestic violence agencies, and the courts to work together to address the co‐occurrence in families of child maltreatment and domestic violence. It did not specifically address the overrepresentation of families of color in the child welfare system or the disparity of outcomes for these families. Yet the Greenbook’s approach to systems change can be used as a foundation to implement strategies to reduce overrepresentation and to improve safety, permanency, and stability for children and families.     

Two paradigms of justice: criminal vs survivor justice in Africa

African countries continue to experience civil wars and other low-level violent conflicts. An issue relating to the intractable nature of postcolonial violence and how it should be resolved, is what is the potential for advancing contemporary peace processes and negotiated agreements through the notion of survivor justice? Two paradigms of justice have emerged in Africa in response to mass violence: criminal justice based on the example of the Nuremberg trials; and survivor justice based on political reform and exemplified by the cases of South Africa and Sudan. These two paradigms of justice are compared, with the context undergirding the debate and assumptions of each explored, and how this related to the issues of building peace in Africa. The guiding question is whether civil wars can be ended in courts. I argue that where a decisive military victory is untenable, survivor justice, that is political reform combined with judicial reconciliation, is the best way to resolve Africa’s conflicts. The example of South Africa’s political settlement and the reconciliation process in Rwanda offer examples of solutions for conflict transition to peace. Criminal justice processes – absent a decisive military victory – can act to delay and prevent peace and resolution.     

Campaign of fear and consumption: problematizing gender-based marketing of weapons

This paper problematizes the fear-based marketing of guns and tasers to both men and women as a function of neoliberalism’s emphasis on consumption as the solution to social problems. Men are marketed dangerous weapons as a way to display their masculinity, while women are told that purchasing guns or tasers is one of the best ways to protect themselves from domestic violence and sexual assault. As the paper shows, that claim is in stark contrast to data about these phenomena, and yet such marketing is often taken as a common sense solution. In addition to detailing why such marketing of weapons is problematic, we offer several recommendations.     

Violence risk profile of medium- and high-security NGRI offenders in Belgium

Under Belgian law, offenders not guilty by reason of insanity (NGRI) are committed by the courts to forensic mental health treatment. The use of violence risk assessment tools has become routine in these settings. However, there are no national statistics regarding violence risk assessment in the Belgian forensic population. A study was undertaken to collect risk assessment data (PCL-R, VRAG, HCR-20) on a large cohort of forensic patients committed to Medium Security units in the Flanders region and in High-Security units in the Walloon region. Flemish patients were expected to present a lower risk compared with their Walloon counterparts. Instead, data yielded by a structured risk assessment method demonstrate the opposite. Moreover, the majority of patients in Flemish facilities had committed violent offenses and were institutionalized for shorter periods whereas the majority of Walloon patients had committed sexual offenses and were institutionalized for markedly longer periods.     

Fifty Years After the 1967 Crime Commission Report

In the 50 years since the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson issued its report, feminist activism and both feminist and mainstream research have resulted in defining domestic violence (DV) as a social problem. This awareness of the seriousness and expansiveness of DV has spurred the development of unprecedented programs and policies. Although DV policing changes have been significant, so too have been the development of and changes in safehouses, no‐drop court policies, domestic violence courts, community‐coordinated responses, and batterer intervention programs. In this article, we review the nonpolice responses to DV cases and outcomes and provide recommendations. First, research and policies need to more regularly be aimed at addressing victims’ safety and their diverse needs and experiences. Second, assessments should include addressing the processing of these cases through the impact of responses by individual community and criminal legal system actors (e.g., victim advocates, police, prosecutors, and judges) to victims and offenders.     

Validation of neuropsychological consequences in victims of intimate partner violence in a Spanish population using specific effort tests

Neuropsychological consequences in female survivors of intimate partner violence are being used in courts as evidence of acquired injury and for criminal exculpation. To support the validity of neuropsychological test performance and the veracity of victim testimony, effort tests can be used by expert witnesses. Nevertheless, no study has evaluated whether the two principle types of effort tests, Symptom validity tests or Performance validity tests, are most adequate for this population. The study’s objective was to compare the false positive rates of a Performance validity test (Test of Memory Malingering: TOMM) and a Symptom validity test (Structured Inventory of Malingered Symptomatology: SIMS). The sample included 68 female intimate partner violence victims and 40 control females. SIMS showed a significantly higher rate of false positives in victims on four of five subtests, reaching a 59.3% in the total score. There were 0% false positives in both groups on the TOMM. Findings indicate that the SIMS may incorrectly score female IPV victims, undermining the victim’s testimony in judicial cases.     

Challenge of Firearms Control in a Free Society

Chapter 10 of The Challenge of Crime in a Free Society, titled “Control of Firearms,” is a brief but strong statement in support of regulating gun transactions, possession, and carrying, with several specific recommendations, including the adoption of universal gun registration and permit‐to‐purchase requirements. The U.S. President's Commission on Law Enforcement and Administration of Justice, when writing the chapter, had no systematic research to draw on. Since its publication in 1967, the field of gun violence has become an active area of research, and much has been learned. But the nation has become far more polarized politically during the last 50 years, and gun policy has become a rigidly partisan issue. A new commission would have great difficulty reaching consensus, although there may be common ground on regulating guns vis‐à‐vis mental illness and domestic violence.     

Specialised domestic violence courts in Canada and the United States: Key factors in prioritising safety for women and children

ABSTRACT

This paper reviews the response of specialised domestic violence courts in Canada and the United States to contact disputes where there are allegations of domestic violence. It begins with a discussion of legal reforms responding to domestic violence in Canada and the United States, including the different types of DV courts and their rationales, key features, merits and drawbacks. Evaluations of Integrated DV courts in the United States and Canada are then reviewed. The research shows that although IDV courts hold more promise to deal with contact disputes given their inclusion of family law matters, there are few studies analysing the impact of IDV courts on these disputes, and some suggest these courts may actually increase contact and hence the potential for safety issues to arise. The final section discusses the strengths and weaknesses of IDV courts in relation to contact disputes, identifying the factors that make these specialised courts more or less successful in prioritising safety and minimising harm for women and children.