Defining Domestic Violence - Paper Example

Domestic violence is a term often used inter-changeably with domestic abuse and family violence. These terms describe dynamics of an intimate or family relationship in which there is violence, threat, control and coercion from one party towards the victims (Coker, 2016). The behavioral conduct of this nature causes the victim to live in fear. People feel the effect of domestic violence in deep and personal ways, but the effects pose a communal and societal problem. It is often challenging to determine the extent of domestic violence. The challenges result from the dynamics of the abusive relationship where the victim is further coerced to remain silent rather than making a plea to the law or ask for help. Domestic violence results in significant social effects including homelessness, disability, ill health, death. The economic impact is a substantial cost and stagnated economy.

In the criminal justice system, domestic violence is regarded as a crime. Research indicates that more than 90% of domestic violence victims are women, although men fall victims from time to time (Letourneau, Duffy & Duffett-Leger, 2012). In most cases, the perpetrators are current partners or ex-partners. Domestic violence presents serious issues when children have to go through the experience and hence is considered a serious child protection issue. Domestic violence is a necessary ground for reporting the risk of harm to children to officers of the community services of children. Constitutionally domestic violence is a violation of basic human rights as it denies victims the right to freedom from fear of violence and hurts the human dignity of the victim.

Brief Overview of The Domestic Violence Victims

It is not until recently that domestic violence was considered a violation of the law. In most societies, men had been battering, mistreating and abusing their wives and intimate partners. Due to social organization, domestic violence was regarded as a norm and an experience that every woman would have to go through in a marriage or intimate relationship. This arrangement changes at the turn of the 20th century, and domestic violence has since been regarded as a crime that warrants justifiable intervention according effected by the criminal justice system.

Victims of domestic violence are entitled to a range of services. The services are provided by the criminal justice system and they give the victim an opportunity to pursue justice for the violent crimes committed against them. The code of practice for victims of crime (2013) spells out the requirements of the standards of operation that organizations of the criminal justice system should meet in Providence and pursue justice for domestic violence, victims (Boivin & Leclerc, 2016).

Victims of domestic violence go through a self-depleting cycle in which they keep getting weaker with every episode of subjection to violence. In most cases, the perpetrator may subject victims to violence while under the influence of drug and mind-altering substances. A third party is permitted by law to report cases of violence if they can assess the possibility of a threat to life and depleted quality of life sometimes even without the victims consent.

The ministry of criminal justice announced the intention of the four inspectorates of the criminal justice in 2014. The inspectorate of constabulary, probation, prison and persecution services work together to yield an annual joint appraisal reflecting the quality of services accorded to victims (Letourneau, Duffy & Duffett-Leger, 2012).

Significance of Domestic Violence in The Criminal Justice System

The Justice System Response to Domestic Violence

Domestic violence has cultural roots and is evident in most culture such that most researchers consider it a cultural universal. In the medieval time, men held the right to punish hand even kill their wives for mistakes like nagging, talking back or miscarrying children. The English common law was an improvement on this arrangement as it advocated for the protection of the family. It, however, permitted men to punish their wives although moderately and except killing. In 1822 the Mississippi supreme court reinforced a mans right to chastise his wife for disciplining her (Macdonald, 2015). According to the court, it was best to leave family arguments to the family, and the court was not fit to intervene. Consequent cases reinforced this ruling but insisted on the need to regulate the use of force. Use of force was regarded right when meant to make the wife behave and know her place.

The dynamics of marriage and the place of the wife was stated in the marriage contract. The requirements for marriage included a woman giving up her name and her life to join the husbands life and become dependent on him. Limitations included restricting that hindered women from owning property and unqualified to make legal contracts. Limiting the wife this way was argued to keep the family together but also a major factor for the decriminalization of wife abuse. The wife was regarded as a property belonging to her husband and the nature of the relationship left as private, not to be presented before the criminal justice system.

Reforms in The Court System

The 19th century saw a major improvement in the legal rights of women in marriages in the U.S.A. The countless restrictions on women were lifted, and right of men to chastise their wives was abolished. The abolishment spurred heated debates in an attempt to decide whether the man was fulfilling his duty in marriage by battering his wife to teach her good behaviors or if they were committing a crime sufficient to justify grounds for divorce.

Women rights movements advocated for numerous rights of women and called the attention of the criminal justice system to offer legal and practical solutions that would help domestic violence victims turn their lives around and live an abuse-free life. According to (Letourneau, Duffy & Duffett-Leger, 2012), the movements advocated for changes in the legal and social system that would provide opportunities to re-orient gender roles and structure them towards equality between the genders and establish reforms that would reform the marriage institution. Also, groups working for women rights advocated for attention to the power imbalance in marriage institutions and challenged barriers to human rights and equality for women since they argued that these factors sustained the domestic violence. There were pleas to the criminal justice system which necessitated making reforms in the department to respond to the efforts made by practitioners, scholars, and activists. The reforms involved various components of the criminal justice including; the prosecution, intervention programs for domestic violence, the police, and adjudicators of domestic violence. This was a new and somewhat sudden concept and reform model. The societal beliefs and the criminal justice system itself took time to respond to these changes.

Reforms in Police Responses to Domestic Violence

The police used to respond in three major styles when called for a case of domestic violence. The three responses are maintaining a non-intervention policy, playing the role of mediators or arresting the perpetrator. According to (Boivin & Leclerc, 2016), the main response was non-intervention since domestic violence was regarded by the legal system as a private matter and the man had the right to rule in his castle. If the man was using excessive force- decided by the observer- the police would encourage mediation. Outside intervention was considered unnecessary for private family matters. Incidents of domestic violence were accorded least priority. Rarely would a perpetrator be arrested since battery did not amount to any violation of the law. The 1960s saw sociologists and psychologist advocate for change in police conceptualization of domestic violence insisting on arrest as the priority intervention (Macdonald, 2015). Vigorous training was done to equip police with knowledge and skill that would help change the perception and accord incident of domestic violence the seriousness they deserved. Social workers were hired in some police departments to assist with the crisis interventions that involved domestic violence. Further, feminist organizations would file suits on behalf of women against police departments suppose the police failed to protect her by arresting the perpetrator. All these efforts boosted the reforms in the police department.

The Prosecution of Domestic Violence

Originally, even when arrested police officers would fail to prosecute cases involving domestic violence and eventually the battler would be let free. The court system started enacting rules that complied officer to follow through with the full process from arrest, trial for the perpetrators, conviction, and punishment. The completion of the process encouraged battered women that the legal system had changed and provided and safeguarded their rights. It also deterred battlers from doing so since they would be punished fully by law (Letourneau, Duffy & Duffett-Leger, 2012).

The Current State in Criminal Justice System

Today, the criminal justice system works towards attaining and maintaining convenience in the pursuit of justice for victims of violence. The system engages in identification mechanisms of enhancing victims standing during court proceedings. The government also uses the criminal justice system as an arm through which it creates initiatives like victims charters, policy centers, police programmers, victim support services, interagency proceeding, diversity and equality measures and procedure that cover child witnesses.

All derailments of the criminal justice system had to undergo some reformation to stay relevant in the feminist's fight for women rights. Such include the police,

Role of Domestic Violence Victims in The Field of Criminal Justice

Interventions Focused on Eliminating Domestic Violence

Enhancing Victim Standing in Court Proceeding

In theory, scholars propose that the process of enhancing victims standing should focus on adopting an approach where victims feel and appreciate their rights to participate. Various scholars argue that using adversarial approach yields inconveniences and block victims for participating and exercising their rights. The legal system provides lawyers to help and support the victim often speaking on their behalf. Victims are given rights during the court proceedings for instance being present during all stages of the process and asking additional questions to witnesses. They may also make or present claims for compensation and provide added evidence for the court.

The efforts to enhance a victims standing in court provides seeks to achieve a balance in recognizing the victims status and respecting the role of the legal obligation of the justice system in prosecuting crime. The criminal justice system reports low rate participation in the process of prosecution. The low participation is credited to lack of information regarding the process and the use of a model that is underdeveloped. At the same time, victims who participate in the process often report having had a positive experience. The Partie civile is a procedure in the continental model which acknowledges the status of the victim as a separate party to the trial. Three procedures are involved in the process including the initiation of the prosecution, having the right to participate and contribute in court during the prosecution and having the right to claim compensation for damages during the criminal prosecution. Although the Partie civile may seem perfect, research indicates its shortages as it does not equip the victim with knowledge about their rights and in...