U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

RELEVANCE OF CRIMINAL LAW TO INTER-SPOUSAL VIOLENCE (FROM FAMILY VIOLENCE, 1978, BY JOHN M EEKELAAR AND SANFORD N KATZ - SEE NCJ-55454)

NCJ Number
55461
Author(s)
R I PARNAS
Date Published
1978
Length
5 pages
Annotation
RESPONDING TO MARITAL VIOLENCE SOLELY BY MEANS OF A SOCIAL SERVICES PROGRAM DOES LITTLE TO REDUCE ITS TOTAL INCIDENCE. INSTEAD, FULL CRIMINAL SANCTIONS OUGHT TO BE INVOKED AFTER THE SECOND DOMESTIC VIOLENCE CALL.
Abstract
THE TREND TOWARD A SOCIAL WORK APPROACH TO DOMESTIC VIOLENCE IS TRACED. CRISIS INTERVENTION TEAMS AND OTHER POLICE EFFORTS TO DEAL WITH THIS DIFFICULT PROBLEM ARE BRIEFLY REVIEWED. IT IS CONCLUDED THAT, DISTASTEFUL AS THE JOB IS TO POLICE OFFICERS, DOMESTIC VIOLENCE MUST REMAIN A POLICE RESPONSIBILITY BECAUSE THE POLICE ARE THE ONLY ONES EQUIPPED TO HANDLE FAMILY DISTURBANCES. THE QUESTION IS: WHAT SHOULD THE LEGAL SYSTEM'S RESPONSE BE AFTER THE DISPUTE HAS BEEN HALTED BY POLICE INTERVENTION? EXPERIENCE INDICATES THAT IT IS IRRESPONSIBLE TO DROP THE MATTER AT THIS POINT. DOMESTIC DISPUTES OFTEN CONTINUE TO ESCALATE UNTIL SERIOUS VIOLENCE TAKES PLACE. ADEQUATE RECORDS SHOULD THEREFORE BE KEPT SO THAT THOSE RESPONDING TO SUBSEQUENT CALLS WILL KNOW OF THE DISPUTANTS' PRIOR HISTORY. THE 'SLAP ON THE WRISTS' WHICH IS COMMON IN THE COURTS TODAY DOES LITTLE TO STOP THE PROBLEM. SOCIAL SERVICE RESPONSES TO THE PROBLEM SHOULD NOT BE GIVEN UNDUE EMPHASIS, FOR THERE IS SIMPLY NO EVIDENCE THAT THEY PREVENT REPETITION. INSTEAD, FULL CRIMINAL SANCTIONS INCLUDING FINES, JAILS, EMBARRASSMENT, AND SUCH SHOULD BE INVOKED, AT LEAST AFTER THE SECOND ASSAULT--AFTER THE FIRST IF IT IS SERIOUS. SOCIAL SERVICES MAY BE PART OF THE PROCESS, BUT THEY SHOULD BE SUBORDINATED. THIS APPROACH WILL NOT INCREASE DIVORCE AND WELFARE ROLLS SIGNIFICANTLY. LENIENCY HAS NOT WORKED IN THIS AREA AND ONLY IF OFFENDERS KNOW THAT MARITAL VIOLENCE WILL BE PROSECUTED, JUST AS ANY OTHER ASSAULT, WILL THE SERIOUSNESS OF THE OFFENSE BE REALIZED. REFERENCES ARE APPENDED. (GLR)

Downloads

No download available

Availability