NCJ Number
208867
Journal
Violence Against Women Volume: 11 Issue: 2 Dated: February 2005 Pages: 197-226
Date Published
February 2005
Length
30 pages
Annotation
This study explored how social and legal changes in the response to domestic violence have impacted judicial decisions in Ontario, Canada concerning domestic violence.
Abstract
Since the late 1970's, considerable reforms have been instituted to address the problem of intimate partner violence against women. Some of these reforms have occurred at the legislative level while others have occurred in societal attitudes regarding domestic violence. The current study examined 252 judicial decisions from Ontario criminal cases involving domestic violence against women between 1970 and 2000 in order to explore how these various social and legal changes have impacted judicial decisions. The judicial documents were identified using Quick Law, an online depository of Canadian legal cases, and provided the judge’s rationale for the decision, the facts of the case, legal issues surrounding the case, and dispositions. Written judicial decisions are meant to reflect a judge’s interpretation of the law and the facts of the case and are not meant to present a judge’s personal opinion. Results of quantitative and qualitative analyses indicate that judges are issuing relatively harsh sentences for domestic violence and are reporting that the intimate context in which the violence occurs is an aggravating factor in these cases. However, judges also seem to be replying on stereotypes and traditional understandings of marriage, family, and femininity when considering domestic violence cases. The findings suggest that there is a judicial understanding of domestic violence as a crime despite the evidence of lingering paternalism and reliance on stereotypes and traditional ideologies. The findings also suggest that widespread changes in domestic violence will only be realized through sweeping societal changes, not through legislative tinkering. Tables, notes, references