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Domestic violence policy paper
Discretion and dilemma in criminal justice system
Domestic violence policy paper
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Emma Hodges Topic 2A Defense of Mr. Smith While Mr. Smith is accused of assault, we can see that this is not true when we examine the precedent set in State v. Black. To examine both cases it is important to first know the circumstances of each. In State v. Black, the wife started a fight in which the husband, after much provocation, dragged her to the floor by her hair. In Mr. Smith’s case, his wife initiated an argument, within earshot of the couple’s eight-year-old child and a neighbor’s child, over the family’s finances and her husband’s drinking. Mr. Smith, overwhelmed by his wife’s screaming, threatened to hit her unless she stopped.
INTRODUCTION: This incident involved the male suspect strangling the female victim with both hands; the victim and suspect are married and live together, in violation of PC 273.5-Domestic Battery. LOCATION DESRIPTION: The incident occurred in the master bedroom, the residence shared by the victim and suspect located at 920 Seco Street. INJURIES: Victim Gilbert • Sustained redness to her throat.
History of this case: The accused, Ms. Angelique Lyn Lavalee was in common law relationship with victim, Kevin Rust, for around 3-4 years between years 1983-1986. Their relationship was marred with violence, domestic physical intimidation, abuse and instances of woman-battering of Angelique at the hands of her abusive and brutal partner, Rust. Things took such a violent turn that it is alleged that Lavalee feared for her very life and safety at the hands of her stronger, abusive and violent partner, Rust, who threatened and humiliated her off and on, both mentally and physically and which also required numerous hospitalization visits for the accused on several occasions for treatment and medication for wounds inflicted on her by her abusive
Changes have to be made for the future, police that is handling cases such as intimate violence should have a prompt response. The restraining order wouldn’t do any good if it isn’t enforced, the perpetrator should be return to police custody to guarantee the safety of the victim. Compensation can be used as a tool to discourage offenders from committing acts. Families and victims should be compensated for the grief that they were put through and the losses they may have had (Fattah & Peters,
Birnbaum, R., Bala, N., & Jaffe, P. (2014). Establishing Canada's first integrated domestic violence court: exploring process, outcomes, and lesson learned. Canadian Journal of Family Law, 29(1), 117-171. This article discusses the process of the integrated domestic violence courts. The author talks about a study on the experience of the people who become part of this process.
This is relevant to Relationships Australia because they provide a service that is dedicated to helping victims of domestic violence. The article discusses the law in which are in place in Queensland to help victims gain justice against their abuse spouse. The aim of the act is to “operate more effectively and provide greater protection to victims by strengthening and clarifying certain sections”. This is important information as clients should know their rights and that the law is there to keep them protected.
Beginning in late 1980’s police began to require the arrest of domestic violence suspects if their was enough evidence present. Women abused by their intimate partners are more vulnerable to contracting HIV or other STI’s due to forced intercourse or prolonged exposure to stress. Studies suggest that there is a relationship between intimate partner violence and depression and suicidal
Victims of police family violence typically fear that the responding officers will side with their abuser and fail to properly investigate or document the crime. These suspicions are well founded, as most departments across the country typically handle cases of police family violence informally, often without an official report, investigation, or even check of the victim's safety. This "informal" method is often in direct contradiction to legislative mandates and departmental policies regarding the appropriate response to domestic violence crimes. Moreover, a 1994 nationwide survey of 123 police departments documented that almost half (45%) had no specific policy for dealing with officer-involved domestic violence.(2013 , Police Family Violence Fact Sheet , National Center for Woman and Policing).
The overall assertion is prosecutors are quicker to file charges in aggravated rape cases than in simple rapes case where the victim’s behavior can delay charging decision. In the Spohn and Holleran (2001) Prosecuting Sexual Assault A Comparison Of Charging Decision Is Sexual Assault Cases Involving Stranger’s Acquaintance In Intimate Partners. similar to the above study researchers focus on the prosecution decision to file charges in sexual assault cases based on factors such as the victims relationship to the defendant, the victim characteristics, and the type of rape (aggravated or simple rape). Spohn and Holleran (2001) identifies the two types of classifications rape that prosecutors use in determining when to move forward in the charging decision.
Slide 12 - Main policies surrounding domestic violence – Domestic violence, crime and Victims act 2004 – This is the biggest law which is put in place to attempt to put a stop of domestic violence (Home office, 2005). Its main aims are to: • Make anyone over the age of 16 liable if there is a child death. Under this act, it states that anyone over this age can be charged with the offence of causing or allowing the death of the child if they live in the same household at the time of the incident (Matczak et al, 2011). • Protect any victims or witnesses of domestic violence.
To determine the effectiveness of no drop prosecution policies in stopping domestic violence, it is crucial to understand how no drop policies work, the role of the victim in the proceedings of a no drop prosecution trial, the role of the accused in a no drop prosecution trial and the overall comparison of no drop prosecution trials compared to other police policies and legislation in reference to domestic violence. In order to understand whether or not no-drop policies are effective, it is necessary to examine the basic information regarding these types of policies, determine what is involved in the process of no-drop cases and the effects that these cases have on both the legal system and the participants in the case. Generally defined,
3 Things You Should Expect From Your Domestic Violence Attorney Domestic violence involves a pattern of abusive behavior by one person of another person that are in an intimate relationship. Although domestic violence is often thought to only include physical behaviors, it can involve emotional, sexual, verbal and/or psychological abuse as well. It most commonly involves married couples, but it can also involve parents and child, siblings and even friends who reside in the same home. Each state has its own definitions of what constitutes an act of domestic violence, but it is important to know that violence is never okay, regardless of the type of relationship in which it occurs. Whether you have been accused of domestic violence or you are the victim of domestic violence, you may at some point
The major drawback of the Criminal Code is the fact that it does not address elder abuse specifically. Instead, this code operates in areas such as “child abuse, sexual assault and spousal violence” (Donovan & Regehr, 2010, p.177). However, elder abuse must be included in other Criminal Code provisions. For example, financial abuse cases can be considered through provisions related to robbery, falsification or fraud (Donovan & Regehr, 2010). Physical abuse episodes are addressed under the provisions of homicide, assassination and other physical assault.
It was discovered years after his death that Martin Luther King Jr had plagiarized parts of his doctoral dissertation and other scholastic papers. A panel of scholars at Boston University investigated his dissertation after Kings wife donated it to the Stanford University King Papers Project. They had discovered that portions of his dissertation heavily contained sentences and long paragraphs taken from another student’s paper, and the student was not quoted or cited. The dissertation and academic papers are not the only thing King has plagiarized, it’s also been said that parts of his speeches contain plagiarism from other reverends. King was a scholar and very important public figure and almost had his doctorate taken away and his
The Storage Unit Debate Many people question the practicality of renting a storage unit and believe this is a huge waste of money. Yet, thousands of families across America continue to rent storage units. There are many different reasons why people choose to rent storage units to store their belongings, one of the most common reasons is that they are moving. The recession in the housing market around 10 years ago caused the storage unit industry to grow and succeed across America. The housing recession affected hundreds and thousands of families across America, the housing recession affected their mortgage payment because their low payment that was once 'interest only' for the first 5 years was now including the principal on top of the interest which made the payment very unaffordable for most families, mortgage lenders were no longer offering these loans, these loans enabled people to live outside of their means, families were forced to move into homes that they could afford, homes that were more realistic to what they could afford and that included downsizing their home, since their new homes were about a quarter of the square feet they once had, they could not take all of their belongings with them, therefore rented a storage unit to store their belongings, other families were forced to
