NCJ Number
147196
Date Published
1994
Length
13 pages
Annotation
This paper discusses current and prospective means for the justice system to cooperate with other societal elements to advance the primary prevention of family violence.
Abstract
The author first reviews recent judicial decisions that reflect changing community standards about family violence and may, over time, shape public values and perceptions. Judicial decisions have reduced the availability of the "crime of passion" defense, acceptance of the "battered spouse" defense under the charge of murder, and the imposition of "strict liability" duties on nonabusing parents to protect their children from the abusing parent. Civil courts are also reflecting changing attitudes about responsibilities in family violence situations. The second section of the paper examines how State legislation attempts to prevent family violence through police powers and tax- supported services of public health, mental health, and social services. Another section discusses the role of law in helping structure and maintain institutional relationships, as well as coordinate family violence prevention efforts. Identification of the barriers to the prevention of family violence focuses on conceptual problems in which social, legal, and judicial concerns intersect. The concluding section notes problems in the justice system's approach to family-violence prevention that will require legal professionals and lay persons to work together to achieve needed change. 36 references