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.     

Of form and format

At a conference of Russian media lawyers and programme producersin Moscow this June, considerable attention was devoted to thelegal status of television and radio programme formats. Partof the cause of this attention was the apparent ambivalenceof the law: if you want to adapt a format that has been developedby someone else, the developer will assert its ownership ofthe format right and threaten     

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.