LEGAL SOLUTIONS - EQUAL PROTECTION UNDER THE LAW (FROM BATTERED WOMEN - A PSYCHOSOCIOLOGICAL STUDY OF DOMESTIC VIOLENCE, 1977 BY MARIA ROY - NCJ-45266)

• NCJ Number: 45273
• Author(s): E J GOODMAN
• Date Published: 1977
• Length: 25 pages
• Corporate Author: Van Nostrand Reinhold
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

TREATMENT OF BATTERED WIVES WITHIN THE CRIMINAL JUSTICE SYSTEM AND LEGAL RECOURSE, OR LACK OF IT, FOR VICTIMS IS EXAMINED.

Abstract

THE OPERATING THEORY IN THE LEGAL SYSTEM WITH REGARD TO WIFEBEATING IS THAT THE LAWS AND COURTS ARE SUPPOSEDLY ACTING IN THE INTERESTS OF THE FAMILY UNIT; THE PROBLEM IS THAT THIS IS ACCOMPLISHED AT THE EXPENSE OF MARRIED WOMEN. THE ATTITUDE OF THE LEGISLATURE, POLICE, AND JUDGES IS THAT THEY ARE DEALING NOT WITH A PUBLIC CRIME, BUT WITH SIGNS OF A 'TROUBLED MARRIAGE.' SPECIAL TREATMENT FOR VIOLENCE TOWARD SPOUSES REFLECTS THE SOCIAL ORDER AND ACCEPTANCE OF MALE PREROGATIVES. BEFORE 1977 IN NEW YORK STATE, THE FAMILY COURT HAD EXCLUSIVE JURISDICTION OVER HUSBANDLY ASSAULTS; WOMEN NOW HAVE THE OPTION IN NEW YORK OF BRINGING CRIMINAL CHARGES AGAINST HUSBANDS WHO BEAT THEM. THE PURPOSE OF THE CRIMINAL COURT PROCEEDING WILL BE TO PUNISH THE OFFENDER, WHILE THE INTEREST OF THE FAMILY COURT PROCEEDING WILL BE TO KEEP THE FAMILY TOGETHER. THE UNDERLYING CAUSE OF SEXISM, HOWEVER, IS NOT ADDRESSED BY THIS NEW LEGISLATION; UNTIL RADICAL, SOCIAL AND LEGAL CHANGES IN PREVAILING ATTITUDES TOWARD WOMEN, THE FAMILY, AND MARRIAGE ARE EFFECTED, THE VOID MIGHT BE FILLED WTH EXPERIMENTS IN LAY TRIBUNALS OPERATING ON PRINCIPLES OF COMMUNITY CONTROL AND PEER-GROUP JUSTICE (DAS)