The initial intention of the prosecutor is to protect society, not just the individual victim. Prosecutors obtain an uncommon opportunity, by means of effective early involvement, to put a stop to potential incidences of domestic violence. The verdict to advance with prosecution is not the victim’s choice, but the prosecutor’s. Despite this the rate of prosecution is still regulated by the reluctance of so many victims to participate in the prosecution. When victims cooperate, prosecutors are seven times more likely to proceed with prosecution (McCorkle, 2017). Most victims are reluctant to take part in prosecution because of their own personal goals of enhancing safety, maintaining economic viability, protecting their children, or forcing the offender in participate in batterer’s counseling. There are also some leading elements that motivates victims to initiate prosecution in their domestic violence cases like: the curiosity about how criminal justice system could assist them in meeting their specific needs, the confirmation of
It has been a long-lasting concern that prosecutors in domestic violence cases have a tendency to significantly restrict charges filed after the police hand out the initial charges. Pro-arrest policies may have consumed the prosecutors’ offices, but research confirms “that prosecutors may reject or drop as many as 80% of domestic violence cases” (McCorkle, 2017). Prosecutors tend to not take domestic violence cases seriously when numerous charges of felony battery and other specific domestic violence crimes are downgraded to standard regular assaults that are pliable to judicial dismissal. The outcome of prosecutorial actions of this nature have played a role in a “funnel effect” in which domestic violence cases are channeled out of the criminal justice system by nullifying police charging behavior and, ultimately, undermining pro-arrest
Pennington, B, E., S. (2014, September 19). In Domestic Violence Cases, N.F.L. Has a History of Lenience . Retrieved from
Domestic violence affects the victim physically often times causing injuries that could lead to hospitalization or death, psychologically involving gaining control over the victim as well, and socially by isolating them from family and friends. When we think of the effects of domestic violence it becomes clear that it not only affects the victim and the family but as in recent years, the violence can spill beyond the walls of the home into the neighborhood and the workplace resulting in what has become more and more common, domestic violence related workplace shootings. Domestic v...
Fagan, Jeffrey. (1993). The Social Control of Spouse Assault. In: Adler, Freda and Laufer, William S New Directions in Criminological Theory. New Jersey: Transaction Publishers. p187.
Linsky, L. (1995-1996). Use of Domestic Violence History Evidence in the Criminal Prosecution: A Common Sense Approach. Pace Law Review, 73-95.
While there is no official agreement that battered women’s action of killing their abusers should be justified, people need to understand that battered women are in different positions with relation to justice than defendants in general cases of homicide. Perhaps, victim advocates, the judge, attorneys, psychologists/psychiatrists, and social workers from women’s shelters should consider alternative approaches, such as creating a more comprehensive system to review and assess past cases where battered women have been convicted of killing their abusers from a legal, medical, and psychological perspective. Although it may not be practical to alter the law, it is possible to amend the legal system to support those battered women who deserve more freedom from their abuse with fair judgments.
The purpose of this research paper is to prove that criminal law in America has failed to provide a defense that adequately protects women suffering from Battered Women's Syndrome. Battered Women's Syndrome, or BWS, is a very complex psychological problem facing criminal courts today and has caused great debate on whether or not it should even be allowed in the courtroom. Although the syndrome has been given more consideration as a warranted issue by society, those who create our laws and control our courtrooms, have not developed a defense that sufficiently protects these women. United States courtrooms, instead of protecting battered women, have put these women on trial and found them guilty of murder.
Domestic violence is another area that the court has decided needs special focus. This issue is very sensitive and can create higher threats against the victims involved in the cases. The Judicial Oversight Demonstration (J...
Domestic violence can often go unnoticed, unreported and undeterred before it’s too late. Unfortunately, recent awareness efforts have gathered traction only when public outcry for high profile cases are magnified through the media. Despite this post-measured reality, a general response to domestic violence (DV) and intimate partner violence (IPV) by the majority of the public is in line with what most consider unacceptable and also with what the law considers legally wrong. Consider by many, more than just a social discrepancy, the Center of Diseases Control and Prevention currently classifies IPV and DV as a social health problem (CDC, 2014).
(a) Prosecutors have nearly limitless discretion in the most critical matters they must consider, yet they are held to very high ethical standards.
State legislatures are increasingly passing statues that encourage participants of the Criminal Justice System to attack the issue of domestic violence more aggressively. Some states still fail to realize that IPV involving a woman that is pregnant should be considered a felony because it affects the well being of the unborn child. IPV tends to be under-reported simply because the victims fear being deported, “outed,” they believe they are at fault, they feel they have nowhere to go, abuser will change, etc. Parents...
Furthermore, domestic violence is mentioned as an important social problem that lack supporters. “So when abusive women request help from domestic violence agencies, they may discover that requests for treatment are dismissed” (Bryfunski, par. 26). Even “The lack of ...
Clark, P. M. (2011). Interventions for domestic violence: Cognitive behavioral therapy. Corrections Today, Vol. 73 (1), pp. 62-64. Retrieved from http://crimesolutions.gov/PracticeDetails.aspx?ID+16
Over the years, the traditional criminal justice system has emphasized offenders’ accountability through punishment and stigmatization. The emphasis on the retributive philosophy made it challenging for the system to meaningfully assist and empower crime victims. In the criminal justice system, victims often face insensitive treatment with little or no opportunity for input into the perseverance of their case and report feeling voiceless in the process used (Choi, Gilbert, & Green, 2013:114). Crime victims, advocates, and practitioners have called for an expansion of victims’ rights and community-based alternatives, rather than punishment-oriented justice policies. What victims want from the criminal justice system is a less formal process, more information about case processing, respectful treatment, and emotional restoration.
obligation is to protect the innocent as well as to convict the guilty, to guard
The Boston Police Department has started enforcing new laws that require an officer to make an arrest when responding to cases of domestic violence. This is a strict new law that is being enforced. Previously, it was not necessary to make an arrest for such an incident. The officer had to make sure that the parties were safe and could judge on what action to carry out next. Now, it is a requirement by law to make an arrest if they respond to any case of domestic violence. It is important to study whether enactment of this new law has led to a change in behavior of people in intimate relationships regarding domestic violence.