scholarly journals Calgary's Specialized Domestic Violence Court: An Evaluation of a Unique Model

2013 ◽  
Vol 50 (4) ◽  
pp. 731 ◽  
Author(s):  
Leslie M. Tutty ◽  
Jennifer Koshan
Keyword(s):  
Domestic Violence ◽  
Justice System ◽  
Criminal History ◽  
Low Risk ◽  
Trial Court ◽  
Trial Courts ◽  
Community Stakeholders ◽  
Unique Model ◽  
Domestic Violence Court ◽  
Domestic Violence Courts

Specialized domestic violence courts are a recentinnovation in the justice system’s response to domestic violence, with the objective of more effectively addressing domestic violence by jointly holding offenders more accountable and improving safety for victims. Calgary’s court, developed in 2001, began as a unique model focusing on DV specialization in the docket court, speeding entry into the justice system,and treatment for low risk offenders. In 2005, DV specialization was expanded to the trial court. This article presents data on over 6,407 cases from a ten-year period, 1998 to 2008, capturing the development of the model over the years from baseline, specialized docket to specialized trial courts. The results cover the characteristics of the accused and victims, criminal history, and court outcomes. It also presents a summary of the results of interviews with justice and community stakeholders and men mandated totreatment. Implications for the justice system and for jurisdictions considering developing a specialized DV court approach are presented.

Inverting Risk Assessment: Considering the Lowest Risk Clients in the Federal Criminal Justice System

2018 ◽  
Vol 30 (7) ◽  
pp. 1043-1063
Author(s):  
Matt DeLisi ◽  
Michael Elbert ◽  
Katherine Tahja
Keyword(s):  
Justice System ◽  
Assessment Tool ◽  
Work Group ◽  
Age At Onset ◽  
Criminal History ◽  
Low Risk ◽  
Minimal Risk ◽  
Total Cost ◽  
Alternatives To Incarceration ◽  
Federal Jurisdiction

More than 30% of federal defendants have no prior official criminal history other than their present offense, and despite the low-risk nature of a large group of federal defendants, more than nine out of every 10 serve time in prison. Because of the overincarceration of low-risk defendants, the high cost of incarceration, and other developing evidence, there is growing interest in federal jurisdictions to develop alternatives to incarceration for defendants who pose little risk to public safety. Using pilot data from 1,046 federal pretrial defendants in a federal jurisdiction in the Midwestern United States, the current study developed a low-risk actuarial tool, validated the low-risk actuarial tool on a sample of pretrial candidates from the same federal jurisdiction, and examined recidivism outcomes at 1, 2, and 5 years after their entry into the pretrial phase of their federal prosecution. The assessment tool identified 65 clients as posing minimal risk, and these offenders accumulated just four arrests across 5 years. If all 65 defendants were sentenced to prison followed by supervised release, the total cost would be US$2.34 million, yet this blanket approach would have prevented just four arrests. The findings suggest two static criminal history factors coupled with age at onset of first offense and substance abuse predict excellent candidates for sentences of diversion and probation. Research implications and description of the development of the alternatives to incarceration screening work group in this jurisdiction are provided.

scholarly journals Domestic Violence Court: A New Model To Combat Domestic Violence Against Women In Malaysia

2016 ◽  
Author(s):  
Nazli Mahdzir ◽  
Aspalella A Rahman ◽  
Asmar Abdul Rahim ◽  
Che Thalbi Md Ismail
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Justice System ◽  
Analytical Approach ◽  
Criminal Court ◽  
Domestic Violence Against Women ◽  
Suggested Keywords ◽  
Domestic Violence Court ◽  
Set Up ◽  
Keywords Domestic Violence

Domestic violence is a social epidemic in Malaysia. To combat this, the Domestic Violence Act 1994 and the Domestic Violence (Amendment) Act 2012 has set up a mechanism via the Malaysian criminal justice system to investigate reports, prosecute the perpetrators and protect the victims of domestic violence. Unfortunately, the mechanism has been viewed with disfavor by many. This paper attempts to critically appraise the effectiveness of the mechanism and subsequently propose an alternative method to better deal with domestic violence cases. Applying a descriptive and analytical approach in data analysis, the paper concluded that the mechanism currently being implemented in dealing with domestic violence cases is ineffective and ineffectual. Therefore a specialized court (instead of the current criminal court) which deals specifically with domestic violence is suggested. Keywords: Domestic violence; women;  domestic violence court

scholarly journals Race, Battered Women, and the Criminal Justice System

2015 ◽  
Vol 1 (1) ◽  
pp. 13-21
Author(s):  
Harini Kav
Keyword(s):  
Domestic Violence ◽  
Social Movements ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Justice System ◽  
Criminal Case ◽  
Gender Biases ◽  
Legislative Changes ◽  
Domestic Violence Survivors

This paper looks at the criminal case of Deborah Peagler and the California habeas law and explores the effectiveness of legislative changes to domestic battery laws as a mechanism for change in the criminal justice system in regards to its treatment of domestic violence survivors accused of committing a crime against their abuser. It focuses on the androcentric and racialized nature of the criminal justice system and argues that while legislative changes brought about by social movements facilitate opportunities for women like Peagler to pursue just outcomes, they do not counter the gender biases prevalent in the justice system and, alone, are insufficient in improving the treatment of domestic violence survivors in the criminal justice system.

Found Out and Opting Out

2016 ◽  
Vol 665 (1) ◽  
pp. 127-141 ◽  
Author(s):  
Sarah Esther Lageson
Keyword(s):  
Criminal Justice ◽  
Family Relationships ◽  
Justice System ◽  
Well Being ◽  
Criminal History ◽  
Criminal Records ◽  
Opting Out ◽  
Private Lives ◽  
Criminal Histories ◽  
The Relationship

Online criminal histories document and publicize even minor brushes with the law and represent people who may not even be guilty of any crime. This has dramatically changed the relationship that millions of Americans have with the criminal justice system and may affect their social and private lives. Drawing on interviews and fieldwork with people attempting to expunge and legally seal their criminal records, I explore how online versions of these records impact family relationships. Many who appear on mug shot and criminal history websites are arrestees who are never formally charged or convicted of a crime. The indiscriminate posting of all types of justice contact on websites may impact those who, for the most part, desist from crime and are core contributors to their family and community. I find that many of those who are affected by the stigma of online records did not know that records existed until they “popped up” unexpectedly, and that this experience leads them to self-select out of family duties that contribute to child well-being.

Who are the Respondents of Domestic Violence Protection Orders?

2000 ◽  
Vol 33 (1) ◽  
pp. 77-90 ◽  
Author(s):  
Anna Stewart
Keyword(s):  
Domestic Violence ◽  
Criminal History ◽  
Demographic Characteristics ◽  
Protection Orders ◽  
Violent Criminal ◽  
Couple Violence ◽  
Criminal Histories ◽  
Married Men ◽  
Economic Background ◽  
Protection Order

This study examined a sample of both male and female respondents of applications for domestic violence protection orders in Queensland, Australia. The socio-demographic characteristics and criminal histories of respondents of only one domestic violence protection order (DVPO) application were compared with respondents of multiple DVPO applications. No differences were found between the groups in socio-economic background or ethnicity. The respondent's gender, marital status, and criminal history discriminated among respondents. Females were respondents on only one DVPO application. Respondents on cross applications were more likely to be married. Men who were respondents on multiple DVPO applications were more likely to have non-spousal violent criminal histories than men involved in only one protection order application. However, Indigenous people and people from disadvantaged areas were over-represented in the sample. These results of this study provide support for Johnson's (1995) concept of two distinct forms of couple violence. The implications of these findings for understanding the nature of domestic violence and managing violent offenders are discussed.

The Quest for Coherence in Kenya’s Judicial Sentencing Policy: A Review of the Jurisprudence Following the Muruatetu Case

2021 ◽  
Vol 2021 (1) ◽  
pp. 142-149
Author(s):  
Phyllis Ngugi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Justice System ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Sentencing Guidelines ◽  
Trial Court ◽  
The Supreme Court ◽  
Sentencing Policy

The Supreme Court decision in the now-infamous case Francis Karioko Muruatetu v Republic1 seemed to settle the enduring debate whether sentencing is a judicial or a legislative function. The court’s ruling was that sentencing is a judicial function and that the mandatory nature of the death penalty for murder2 was unconstitutional because it took away the courts’ discretion to determine a just and proportionate punishment to impose on a convicted person. In its judgment, the court ordered that the judiciary sentencing policy3 be revised to reflect the court’s guidelines on the obligation of courts to listen to the accused’s mitigation before sentencing. The court also directed that a framework for sentence rehearing be prepared immediately to allow applicants who had been sentenced in circumstances similar to those of the petitioners to apply for sentence a rehearing from the trial court. This article examines the aftermath of this judgment in terms of whether the Supreme Court’s decision helped to cure the challenge that lies in the current sentencing process; achieving coherence and proportionality in the sentencing process. By using jurisprudential arguments, we intend to demonstrate that, despite the court’s direction to all courts to ensure that no person should be subjected to a disproportionate sentence, the problem of disproportional sentencing is one that goes beyond merely reviewing of the sentencing guidelines but also demands a reform of the entire criminal justice system.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals Helpful tools for criminal prosecution in domestic violence cases: Some ideas from the United States of America

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 67-71
Author(s):  
Katie Zoglin
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Law Enforcement ◽  
Support Services ◽  
Justice System ◽  
The United States ◽  
Criminal Prosecution ◽  
Restraining Orders ◽  
Care Workers ◽  
Victim Support

In this paper author presents three instruments that have been proven helpful in domestic violence prosecutions in the United States, particularly in California: (1) laws, (2) inter-agency protocols, and (3) victim support services. Prosecutors have found that certain laws have been helpful in domestic violence prosecutions. These include restraining orders, criminal penalties for violations of restraining orders, and evidence code provisions permitting certain kinds of testimony. Second, many jurisdictions in California have drafted inter-agency protocols. The purpose of these protocols is to help law enforcement, health care workers, and social workers in gathering evidence relating to domestic violence cases. Finally, most victims are not familiar with the criminal justice system many are nervous about going to court for domestic violence cases, for a variety of reasons. As a result, many jurisdictions have established victim support services.

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