Domestic abuse: public policy/criminal justice approaches towards child, spousal and elderly abuse

1998 ◽  
Vol 35 (11) ◽  
pp. 35-6536-35-6536
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Domestic Abuse ◽  
Elderly Abuse

Allowing a Defence to Those Who Commit Crime Under Coercive Control

2021 ◽  
pp. 002201832110505
Author(s):  
Amy Elkington
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Abused Women ◽  
Coercive Control ◽  
The Commons

Abused women who are coerced to commit crime have no adequate legal defence. Historically, martial coercion may have been pled, but since its repeal and lack of replacement, abused women have been left without adequate protection in the criminal justice system. Duress would seem to be the logical defence in such a situation, but its construction by the courts means that women are still left with no defence. If a woman resists the coercion to commit crime, and instead protects herself against the abuse, she will equally have no suitable defence. Parliament were presented with the opportunity to rectify this problem when passing the Domestic Abuse Act 2021, but despite the Lords’ support, proposals were rejected by the Commons. Whilst research shows that crime committed under coercive control is not an insignificant problem, the current law does not protect some of the most vulnerable from prosecution.

Mass-Market Paperbacks and Integration Politics

2021 ◽  
Vol 39 (2) ◽  
pp. 22-46
Author(s):  
Johanna Schuster-Craig
Keyword(s):  
Public Policy ◽  
Comparative Analysis ◽  
Criminal Justice ◽  
Justice System ◽  
The Political ◽  
Youth Of Color ◽  
Mass Market ◽  
Non Fiction ◽  
Political Spectrum ◽  
Migration Politics

“Integration” refers to multiple arenas in German migration politics, including journalistic discourse, public policy, and cultural logics about incorporating immigrants and refugees into the nation. This article examines two non-fiction narratives, Das Ende der Geduld by Kirsten Heisig and Muslim Girls by Sineb El Masrar, to explore how each author characterizes integration from opposite sides of the political spectrum. In integration politics, adolescence is often construed as a problem, which—when improperly managed—leads to the criminalization or radicalization of youth of color. Comparative analysis of these two texts shows that institutions such as the school and the criminal justice system produce adolescence as a problem for integration and as a way to avoid acknowledging institutionalized inequity. These two examples exist as part of a longer genealogy of authors using mass-market paperbacks to comment on integration politics.

4. Domestic Abuse

Family Law ◽  
2019 ◽  
pp. 199-289
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Family Law ◽  
Domestic Abuse ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
Legal Responses ◽  
The Family

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.

scholarly journals Aligning policy and law? The creation of a domestic abuse offence incorporating coercive control

2018 ◽  
Vol 18 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Michele Burman ◽  
Oona Brooks-Hay
Keyword(s):  
Criminal Justice ◽  
Domestic Abuse ◽  
Unintended Consequences ◽  
Access To Justice ◽  
Coercive Control ◽  
New Strategy ◽  
Scottish Government ◽  
Definition Of ◽  
First Time ◽  
Criminal Justice Response

Since 2000, the Scottish Government has adopted a gendered definition of domestic abuse which explicitly positions it as both a cause and a consequence of gender inequality. Following the launch of a new strategy to prevent and eradicate violence against women and girls, the Scottish Government announced proposals to create, for the first time, a bespoke offence of domestic abuse, designed to encompass the spectrum of abusive acts that constitute domestic abuse, including emotional and psychological abuse. The new offence is intended to better reflect the experience of victims subject to coercive control, improve the criminal justice response and facilitate access to justice. It represents one of the most radical attempts yet to align the criminal justice response with contemporary policy and feminist conceptual understanding of domestic abuse as a form of coercive control. Drawing on feminist scholarship which has interrogated the value of law reform, we critically assess the scope of the legislation, the likely challenges associated with its use in the Scottish context, and the potential for unintended consequences.

Ethics, Public Policy, and Criminal Justice

1983 ◽  
Vol 2 (3) ◽  
pp. 79-80
Author(s):  
Roberto Hugh Potter ◽  
Keyword(s):  
Public Policy ◽  
Criminal Justice

Stakes and Risks in the Prediction of Violent Criminal Behavior

1988 ◽  
Vol 3 (4) ◽  
pp. 247-262 ◽  
Author(s):  
Don M. Gottfredson ◽  
Stephen D. Gottfredson
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Criminal Justice ◽  
Criminal Behavior ◽  
Policy Formulation ◽  
Individual Decision ◽  
Individual Decision Making ◽  
Violent Criminal ◽  
Prediction Of Violence

Retributive and utilitarian goals for criminal justice decisions are in conflict. In part, this is because the retributive aim rejects prediction, while all utilitarian aims require it. In the context of this debate, we review research concerning the prediction of violence, and conclude that because such predictions are of low accuracy, they are only modestly useful for public policy formulation or for individual decision-making. Because we believe prediction, and utilitarian goals, to be important, this paper focuses on two issues that have potential for increasing the accuracy with which predictions may be made. One is the measurement of the seriousness of crime and ways to improve it. Second, we introduce the concept of societal stakes and suggest that this must be assessed as well. Finally, we propose a model that may be useful for lessening the conflict between retributive and utilitarian perspectives.

Ethics, public policy, and criminal justice

1984 ◽  
Vol 12 (4) ◽  
pp. 421-424 ◽  
Author(s):  
George T. Felkenes
Keyword(s):  
Public Policy ◽  
Criminal Justice

Guilty Until Proved Innocent: Wrongful Conviction and Public Policy

1986 ◽  
Vol 32 (4) ◽  
pp. 518-544 ◽  
Author(s):  
C. Ronald Huff ◽  
Arye Rattner ◽  
Edward Sagarin ◽  
Donal E. J. MacNamara
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Policy Implications ◽  
Innocent Person ◽  
Wrongful Conviction ◽  
Extant Literature ◽  
Efficiency And Effectiveness ◽  
The Subject

Few problems can pose a greater threat to free, democratic societies than that of wrongful conviction—the conviction of an innocent person. Yet relatively little attention has been paid to this problem, perhaps because of our understandable concern with the efficiency and effectiveness of the criminal justice system in combatting crime. Drawing on our own database of nearly 500 cases of wrongful conviction, our survey of criminal justice officials, and our review of extant literature on the subject, we address three major questions: (1) How frequent is wrongful conviction? (2) What are its major causes? and (3) What policy implications may be derived from this study?

scholarly journals Assessing and addressing domestic abuse by Ex-armed service personnel

2018 ◽  
Vol 65 (2) ◽  
pp. 201-218 ◽  
Author(s):  
Iolo Madoc-Jones ◽  
Nikki Lloyd-Jones ◽  
Emyr Owen ◽  
Caroline Gorden
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Potential Problem ◽  
Domestic Abuse ◽  
Military Culture ◽  
Service Personnel ◽  
Default Option ◽  
Armed Service

In the context that separate peer-led services are increasingly being developed to meet the needs of Ex-armed service personnel (Ex-asp) in the criminal justice system, we explore whether such services should also be developed to address any tendencies towards domestic abuse. Based on interviews with 12 imprisoned Ex-asp and 10 service-affiliated informants working with them, we found domestic abuse is not always recognized as a potential problem for Ex-asp. Nonetheless, respondents suggested that interventions to address the potential for domestic abuse by some Ex-asp would be useful and legitimate if they are provided by those with service affiliations. Considering our findings, however, we strike a note of caution about separate and peer-led approaches becoming the default option for working with Ex-asp in the criminal justice system. We suggest the gendered nature of military culture may be associated with concerns about the implications of re-engaging Ex-asp with their military identities. Moreover, being steeped in military culture, we suggest that without training some service-affiliated staff may be unsighted on important aspects of the role gender expectancies play in domestic abuse and poorly placed to respond appropriately to this type of offending.

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