NCJ Number
53358
Date Published
1978
Length
55 pages
Annotation
TYPICAL RESPONSES OF POLICE, PROSECUTORS, AND JUDGES TO CASES OF WIFE BEATING ARE DISCUSSED, ALONG WITH SPOUSE MURDER, STATUTES RELATED TO WIFE BEATING, AND JUDICIAL INTERPRETATION OF SUCH STATUTES.
Abstract
STUDIES OF DEPARTMENTAL POLICIES CONCERNING FAMILY DISPUTES SHOW THAT ARREST IS A LAST RESORT, WITH MEDIATION AND REFERRAL TO SOCIAL AGENCIES BEING PREFERRED. THE TACTICS ADOPTED PLACE POLICE OFFICER SAFETY AS PRIMARY. NONARREST POLICIES FAIL TO PROVIDE PROTECTION FOR THE WIFE AND CONFIRM THE HUSBAND'S BELIEF THAT HE CAN ACT ON HIS IMPULSES WITHOUT FEAR OF SERIOUS CONSEQUENCES TO HIMSELF. PROSECUTORS RARELY BRING WIFE BEATING CASES TO TRIAL, A COURSE THAT WOULD PROVIDE AN ENFORCEABLE STRUCTURE FOR PREVENTING FURTHER ACTS OF WIFE BEATING. INSTEAD, DIVERSION PROGRAMS ARE OFFERED WHICH FAIL TO PROTECT A WIFE, WHO MUST FREQUENTLY CONTINUE TO LIVE WITH AN ABUSING HUSBAND FOR ECONOMIC SURVIVAL. JUDGES, WHO ARE IN A POSITION TO CHARGE BOTH POLICE AND PROSECUTORS TO ADOPT POLICIES THAT WILL PROTECT THE ABUSED WIFE, ARE LENIENT ALMOST TO THE POINT OF INDIFFERENCE IN WIFE BEATING CASES. SPOUSE MURDER, PARTICULARLY BY WOMEN, IS A GROWING PROBLEM, THUS HIGHLIGHTING THE NEED FOR OPENING UP LEGAL CHANNELS AND HELPING OPPORTUNITIES THAT ENABLE WIVES TO GAIN PROTECTION FROM BATTERING HUSBANDS WITHOUT RESORTING TO REACTIVE VIOLENCE OR SELF-DEFENSE. CRIMINAL STATUTES IN MOST STATES ARE SUFFICIENT TO PROTECT BATTERED WIVES IF ADEQUATELY ENFORCED AND PROSECUTED. CIVIL STATUTES OFFER ANOTHER LEGAL AVENUE OF PROTECTION FOR ABUSED WOMEN. IT IS SUGGESTED THAT THE FEDERAL GOVERNMENT TAKE THE LEADERSHIP IN EFFECTING POLICY CHANGE IN THE AREA OF WIFE BEATING AND PROVIDE FUNDING FOR SHELTER PROGRAMS AND LEGAL ASSISTANCE FOR BATTERED WIVES. THE APPENDIXES PROVIDE A STATISTICAL PROFILE OF THE BATTERED WOMAN, A 1976 PENNSYLVANIA STATUTE ON CHILD AND ADULT ABUSE, AND A SIMILAR 1977 NEW YORK STATUTE. (RCB)