NCJ Number
63932
Date Published
1979
Length
36 pages
Annotation
MINNESOTA CRIMINAL AND CIVIL PROCEEDINGS BEARING UPON THE CIRCUMSTANCES OF BATTERED WOMEN ARE DISCUSSED, AND RECOMMENDATIONS ARE OFFERED FOR PROVIDING SERVICES TO THESE WOMEN IN THE COURSE OF SUCH PROCEEDINGS.
Abstract
FOLLOWING DISCUSSIONS OF HOW THE BATTERED WOMAN MAY ENTER THE CRIMINAL JUSTICE SYSTEM AND INITIATE CRIMINAL PROCEEDINGS, THE PAPER EXAMINES THE AVAILABLE CRIMINAL PROCEEDINGS FOR MISDEMEANORS AND GROSS MISDEMEANORS OR FELONIES. DESCRIPTIONS OF PROCEEDINGS FOR MISDEMEANORS TREAT THE FIRST COURT APPEARANCE, THE PRETRIAL CONFERENCE, AND THE TRIAL ITSELF. FOR GROSS MISDEMEANORS OR FELONIES, THE PROCEEDINGS INCLUDE THE FIRST COURT APPEARANCE, ARRAIGNMENT, OMNIBUS HEARING, AND THE TRIAL. PLEA BARGAINING AND PENALTIES ALSO ARE EXAMINED, ALONG WITH THE SPECIAL NEEDS AND CONCERNS OF BATTERED MINORITY WOMEN. TYPICAL PROBLEMS ASSOCIATED WITH THE BATTERED WOMAN'S BRINGING OF CRIMINAL CHARGES AGAINST HER ABUSER ARE (1) INADEQUATE PROTECTION FROM HER ASSAILANT DURING THE LENGTHY JUDICIAL PROCESS; (2) LACK OF INFORMATION, SUPPORT, AND ENCOURAGEMENT; (3) LACK OF MEANINGFUL INFORMATION REGARDING MANY OF THE PROCEDURES; AND (3) INADEQUATE OR INAPPROPRIATE SENTENCING. RECOMMENDATIONS ARE OFFERED FOR DEALING WITH THESE PROBLEMS. THE CIVIL PROCEEDINGS FOR THE DISSOLUTION OF MARRIAGE OR A SEPARATION ARE DISCUSSED, INCLUDING THE CONTACTING OF AN ATTORNEY, THE PETITION AND SUMMONS, THE EXCLUSIVE OCCUPANCY HEARING, TEMPORARY HEARING, AND THE FINAL HEARING. SUCH PROCEEDINGS ARE LONG, ARDUOUS, AND EXPENSIVE. RECOMMENDATIONS FOR DEALING WITH THESE CONDITIONS ARE PRESENTED. THE APPENDIXES CONTAIN MINNESOTA STATUTES AND SAMPLE LEGAL FORMS PERTINENT TO THOSE CIVIL AND CRIMINAL PROCEEDINGS RELATED TO THE CIRCUMSTANCES OF BATTERED WOMEN. (RCB)