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CRIMINAL JUSTICE SYSTEM AS FAMILY - TRYING THE IMPOSSIBLE FOR BATTERED WOMEN (FROM DOMESTIC VIOLENCE, 1978 - SEE NCJ-57922)

NCJ Number
57935
Author(s)
C B SCHUDSON
Date Published
1978
Length
12 pages
Annotation
TRADITIONALLY THE EXTENDED FAMILY CONTAINED VIOLENCE AMONG ITS MEMBERS AND APPLIED SANCTIONS TO PREVENT IT. THE CRIMINAL JUSTICE SYSTEM HAS BEEN ASKED TO ASSUME THIS FUNCTION BUT, DUE TO ITS STRUCTURE, CANNOT.
Abstract
THE EXTENDED FAMILY COULD PREVENT INTRAFAMILY VIOLENCE BECAUSE OF THE FOLLOWING REASONS: (1) THE VIOLENCE WAS WITNESSED BY PERSONS WHO WOULD JUDGE THE INCIDENT AND END IT; (2) THE FAMILY HAD AN INTEREST IN MAKING SURE THE VIOLENCE DID NOT CONTINUE, DID NOT EXTEND TO OTHERS IN THE FAMILY, AND DID NOT BECOME KNOWN TO PERSONS OUTSIDE; AND (3) THE ASSAILANT FACED A GROUP ABLE TO PROSCRIBE, PREVENT, OR PUNISH AND TO ADDRESS EMOTIONAL PROBLEMS ARISING FROM THE VIOLENCE. THE CRIMINAL JUSTICE SYSTEM HAS NEITHER IMMEDIACY NOR INTEREST AND AUTHORITY. THE PATROL OFFICER ARRIVES ON THE SCENE AFTER THE EVENT AND CANNOT JUDGE IT AND OFTEN CANNOT END IT. UNLIKE THE FAMILY, THE CRIMINAL JUSTICE SYSTEM HAS LITTLE NEED TO PREVENT OR PUNISH BATTERY IN WOMEN. FAMILY VIOLENCE DOES NOT INSPIRE THE PURCHASE OF ADVANCED POLICE EQUIPMENT AND EVEN IF SPECIAL DOMESTIC ASSAULT UNITS ARE FORMED, THEIR FUNCTIONS AND METHODS OF OPERATION ARE IN DISPUTE. THOSE ASSIGNED TO SPECIAL FAMILY VIOLENCE PROSECUTION UNITS OFTEN FIND THEIR EFFORTS UNREWARDING AND GO ON TO OTHER JOBS AFTER A YEAR OR TWO. THE CRIMINAL JUSTICE SYSTEM ALSO LACKS AUTHORITY. THE PENALTIES ARE USUALLY LIGHT AND, IN MANY CASES, A COURT APPEARANCE ONLY AGGRAVATES THE PROBLEM, A FACT WHICH ADVOCATES WHO EXPECT THE CRIMINAL JUSTICE SYSTEM TO END DOMESTIC ASSAULT SHOULD REALIZE. A DESCRIPTION OF THE MILWAUKEE, WIS., CRIMINAL JUSTICE FAMILY VIOLENCE PROJECT IS APPENDED. FOR RELATED ARTICLES, SEE NCJ 57922-57934 AND NCJ 57936-41. (GLR)