Prosecuting Domestic Violence without Victim Participation

This article explores the evidential challenges victim withdrawal presents in domestic violence cases. More specifically it examines innovative measures taken in the United States to overcome problems of proof typically associated with domestic violence prosecutions. These evidentiary initiatives have facilitated a shift towards so–called 'victimless' prosecution in the context of domestic violence which dispenses with victim participation. Drawing upon a 'freedom model' of criminal justice, this article examines whether recent developments in the United States might be emulated as a means of addressing the high rate of attrition in domestic violence cases in England and Wales.     

GRANDPARENT VISITATION RIGHTS

In recent years, legislators in all fifty states have given grandparents rights to petition for visitation privileges with grandchildren that can be enforced over parental objections. Grandparent visitation rights reflect an effort to protect meaningful relationships children enjoy with nonparental caregivers, enlist the assistance of extended family when the child's nuclear family is disrupted, and defend the interests of grandparents themselves. This psycholegal analysis explores the direct and indirect consequences of grandparent visitation statutes for family functioning. Statutory provisions are summarized, and the effects of these statutes are evaluated in light of what is known about the role of grandparents in child development, how courts evaluate children's "best interests" in grandparent visitation disputes, and how these statutes can alter family functioning in informal ways. The authors conclude that there are risks as well as benefits to children and families in grandparent visitation statutes, and suggest directions for procedural and statutory reform.     

Perceived effects of concealed handgun ownership by private citizens among law enforcement officers in Texas

On January 1, 1996, a new law took effect in Texas granting certain state citizens the privilege to carry a concealed handgun on their person for the first time since 1871. As a result of this dramatic shift in state law, Texas is now among the growing number of states across the nation who have adopted similar statutory provisions in one form or another. While at least one empiricals study of citizen’s attitudes toward concealed handgun ownership was conducted prior to the law’s effective date, no similar efforts were undertakens to assess the beliefs, perceptions and attitudes of the state’s law enforcement officers about this important social policy. The present study was therefore undertaken in response to the lack of serious attention which the issue of concealed handgun ownership among private citizens has received as it directly relates to the law enforcement profession. Subjects for this study (N=327) were drawn from four Texas law enforcement agencies representing various organizational sizes and missions. While the responses of officers who participated in the study indicate optimism about the law’s potential to deter various types of crime, they also reflect a certain degree of concerns about concealed handgun ownership among private citizens especially as this policy directly relates to perceive inadequacies in statemandated requirements and issues affecting officer safety.     

Consequences and dilemmas in therapeutic relationships with families resulting from mandatory reporting legislation

Mandatory reporting legislation has been adopted in every state to insure the protection of children from maltreatment. These statutes have become a significant factor in the lives of mental health professionals who work with children and families. Thirty psychotherapists who had made a recent report of child maltreatment on a client in treatment were interviewed about their experiences with reporting and the consequences of reporting for therapeutic relationships. Several potentially problematic consequences and dilemmas were identified by the therapists, including immediate and long-term effects on the therapeutic alliance and course of therapy, and conflicts of interest in working with children and families.