NCJ Number
110095
Journal
William and Mary Law Review Volume: 28 Issue: 2 Dated: (Winter 1987) Pages: 263-293
Date Published
1987
Length
31 pages
Annotation
Criminal prosecutions are the best remedy available for all domestic violence and should be sought by prosecutors in chronic and severe cases, even if the victim does not insist or request such action.
Abstract
Dealing with domestic violence through the criminal justice process would also reduce a major source of all societal violence, because at least 80 percent of all incarcerated perpetrators of violent crimes have been abused or have witnessed the abuse of other family members as children. The common suggestion that civil remedies available to victims of domestic violence are more appropriate than criminal remedies overlooks the seriousness of violent crimes. In addition, forcing victims of domestic crime to leave home and break up families to end the violence in their lives reflects the criminal justice system's abdication of its role in modifying unacceptable behavior. This failure contributes to the breakdown of families that might otherwise become usefully functioning units of society. The burdens and consequences of crime should fall as completely as possible on the perpetrator, not on the already injured victim. 104 footnotes.