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In Search of a More Effective Response to the Problems of Wife Assault

NCJ Number
140435
Journal
Justice Research Notes Issue: 2 Dated: (March 1991) Pages: 11-12
Author(s)
J Fleischman
Date Published
1991
Length
2 pages
Annotation
The role of Canada's criminal justice system in dealing with wife assault has been scrutinized over the past 2 decades.
Abstract
In the 1970's, innovative police departments experimented with domestic assault crisis teams. In the late 1970's and early 1980's, women's groups urged the government to emphasize the criminal nature of wife assault and to rely on charges rather than attempt to mediate disputes. In 1982, the Solicitor General encouraged Canadian police chiefs to adopt aggressive charging policies in wife assault cases. Recent experiences suggest that many battered women do not want to have their case proceed through court to conviction and sentencing. In addition, domestic assault cases have been added to the backlog of cases awaiting court. To address concerns about the efficiacy of existing policies and programs within the criminal justice system, Canada's Department of Justice commissioned a study to clarify the experiences and needs of battered women within the criminal justice system; to identify the experiences and concerns of police, crown attorneys, defense lawyers, judges, and other front-line health and social service workers; and to identify ways in which the criminal justice system can intervene to reduce the impact and incidence of wife assault. Issues of particular interest to the Department of Justice included recent charging policies adopted by the police and the use of dispute mediation and other nonadversarial approaches. The study found that reduced ability to devise their own solutions increases women's ambivalence toward the criminal justice system, that criminal justice intervention is reducing violence since more aggressive charging and prosecution policies have been implemented, and that mediation does not always produce clear benefits. Recommendations to improve the treatment of battered women by the criminal justice system are delineated.