NCJ Number
69295
Date Published
1979
Length
18 pages
Annotation
CIVIL AND CRIMINAL LAWS CAN BE BETTER ENFORCED AND SUPPLEMENTED BY MORE EXPLICIT LAWS TO HELP MAKE THE LEGAL SYSTEM MORE RESPONSIVE TO THE NEEDS OF BATTERED WOMEN.
Abstract
AS THE LEGAL SYSTEM REFLECTS THE VALUES PERVADING SOCIETY, IT REFLECTS SOCIETY'S DISRESPECT OF WOMEN; THUS, NEW LAWS THAT PROTECT THE VICTIMS OF SEXUAL INEQUALITY CANNOT BE PASSED UNTIL SOCIETY ITSELF ADOPTS THOSE VALUES AND INTEGRATES THEM INTO ITS VARIOUS INSTITUTIONS. POLICE DO NOT ARREST MEN WHO HAVE BEEN BEATING THEIR WIVES BECAUSE THE REWARD SYSTEM DOES NOT INCLUDE ARRESTING BATTERERS; ARRESTS ARE REWARDABLE IF THEY LEAD TO CONVICTIONS, AND ARRESTS OF BATTERERS RARELY LEAD TO CONVICTIONS. THUS, THE REWARD SYSTEM MUST BE CHANGED. FEMINIST ADVOCATES SHOULD BE LOCATED IN THE DEPARTMENT AS POLICE OFFICERS AND IN SPECIAL ADVOCACY UNITS FOR BATTERED WIVES TO SERVE AS SUPPORT FOR THE WOMEN AND TO ENCOURAGE EFFECTIVE ACTION BY POLICE OFFICERS. THE ENTIRE POLICE DEPARTMENT SHOULD RECEIVE FURTHER EDUCATION IN UNDERSTANDING THE NATURE OF DOMESTIC VIOLENCE AND ITS IMPACT ON WOMEN. BECAUSE DISTRICT ATTORNEYS ARE REQUESTED TO PURSUE CRIMES THE PUBLIC SEES AS PARTICULARLY THREATENING, THEY MUST BE PERSUADED BY THE PUBLIC THAT BATTERING IS A SERIOUSCRIME, AND THAT THEY SHOULD PROSECUTE SUCH CASES REGARDLESS OF THE POLITICAL RISKS. ALSO, LAW ADVOCATES IN DISTRICT ATTORNEYS' OFFICES COULD ASSIST VICTIMS BY ENCOURAGING ATTORNEYS TO VIEW DOMESTIC VIOLENCE CASES AS TRIABLE OFFENSES. IN THIS RESPECT, JURIES AND JUDGES MUST BE FURTHER EDUCATED TO UNDERSTAND THE SERIOUSNESS OF BATTERING CASES. FINALLY, POLICE DEPARTMENTS MUST BE MORE CONSISTENT AND STRICT IN PROCESSING RESTRAINING ORDERS IN THE CIVIL ARENA. NO REFERENCES ARE INCLUDED.