Domestic and Family Violence: Criminal Justice Interventions

• NCJ Number: 191152
• Author(s): Robyn Holder
• Date Published: 2001
• Length: 36 pages
• Corporate Author: Australian Domestic and Family Violence Clearinghouse
• Sale Source: Australian Domestic and Family Violence Clearinghouse
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia
• Note: Australian Domestic and Family Violence Clearinghouse Issues Paper 3; downloaded July 9, 2001.

Annotation

This paper explores some of the contemporary debates and dilemmas involved in implementing criminal justice reform in Australia in the area of domestic assault.

Abstract

The analysis presents research findings from the United States and other countries and emphasizes the need for community-based and primary health reforms as well as criminal justice reforms. The discussion also notes that the cultural, legal, administrative, and procedural differences between the United States and Australia made it undesirable to import certain terms such as "mandatory arrest" and "no-drop prosecution" from the United States. The analysis notes that the interaction between and the strategic engagement of informal social support with formal interventions such as those from the criminal justice system were producing strong results for the safety of abused women. The goals of Australia’s criminal justice system with respect to domestic violence are the elimination of violence, victim satisfaction, and protection of the public interest. Disagreement exists regarding the role of the victim within the criminal justice system. Many problems have been documented in the criminal justice system’s response to domestic violence. Other issues include victim decision making in legal interventions and within the criminal justice system, the police response to domestic assault, and prosecution. Research indicates that coordinated interventions may have a cumulative effect on recidivism risk. The analysis concludes that the strongest lesson from the research in Australia and other countries was that simple solutions to domestic violence were not sufficient. Therefore, it is necessary to design and evaluate interventions for multiple and seemingly contradictory possible outcomes for victims, their children, defendants, and criminal justice personnel if the criminal justice system is to make a lasting contribution to the prevention of domestic violence. Appended summary of roles of criminal justice agencies, notes, and 221 references