NCJ Number
192592
Journal
Domestic Violence Report Volume: 7 Issue: 2 Dated: December/January 2002 Pages: 17,28,29
Date Published
2002
Length
3 pages
Annotation
Using a case study from the mid-1970's in California, this paper discusses how female victims of domestic violence have been treated by the criminal justice system, along with the progress that has been made and what still must be done to help victims of domestic violence.
Abstract
The woman in the case study tried every effort to find safety for herself and her children away from her abusing partner, but he persisted in tracking her down and threatening to injure or kill family members who tried to protect her. No shelters or community resources were available to help her. Out of fear of being killed by her partner, she shot and killed him. The prosecutor charged her with first-degree murder, a charge that is still being used in cases in which a domestic-violence victim kills the abusing partner. The jury found the woman guilty of manslaughter, and the judge sentenced her to felony probation, but with no counseling or other rehabilitative services. After being convicted of a drunk-driving charge, she was sentenced to prison while being pregnant with her third child from a subsequent non-abusive partner. She gave birth in prison, and the baby was taken from her to stay with her sister. After serving a few years in prison, she and her three children had the opportunity to live together and start to heal from their traumatic years. She is off parole now, has worked hard to become a nurse, and hopes to work with pregnant substance abusers. This article discuses the need for mother-infant prison programs and the need to address the situations of hundreds of battered women in prison with life sentences for defending themselves against intolerable and life-threatening abuse.