NCJ Number
138495
Journal
Journal of Criminal Law and Criminology Volume: 83 Issue: 1 Dated: (Spring 1992) Pages: 250-254
Date Published
1992
Length
5 pages
Annotation
Certain law reforms can enhance specific and general deterrence for domestic assault and facilitate self-defense actions by victims.
Abstract
Although studies indicate that the immediate arrest of a domestic assault suspect does not uniformly deter subsequent spouse abuse, it does deter some abusers, notably those who experience fear and shame at having their behavior publicized and reprimanded through contact with the criminal justice system. Laws that facilitate such arrests, such as the provision for warrantless arrest when there is probable cause to believe a domestic assault has occurred, can be useful in deterring domestic assaults. Such laws can also achieve general deterrence as a society that has traditionally believed that domestic assault is private, noncriminal behavior is reeducated to perceive that assault on a spouse is as criminal as assault on a stranger. Also, self-defense laws can be revised to facilitate self-defense actions by victims of chronic abusers. Laws should provide that in cases of chronic, life-threatening domestic abuse, the concept of "imminent" threat as a requirement for justified deadly self-defense should be relaxed.