NCJ Number
82752
Date Published
1982
Length
109 pages
Annotation
This report evaluates the treatment of female victims of domestic violence by the criminal and civil justice systems and various social service agencies. It is based on a 1978 U.S. Commission on Civil Rights consultation, field studies, and public hearings held in Phoenix, Ariz., and Harrisburg, Pa., in 1980.
Abstract
The report examines the roles of police, prosecutors, and judges in spouse abuse cases. An overview of the law covers State civil relief, criminal prosecution, and miscellaneous laws. As of 1980, approximately 38 State legislatures had amended or were considering amending statutes to provide additional victim relief. The report documents the failure of many police departments to recognize and respond to the seriousness of wife abuse. The data also show a widespread prosecutorial practice of treating complaints of family violence differently from complaints involving stranger-to-stranger violence, of erecting barriers to successful prosecution, and of discouraging battered women from pursuing criminal complaints. Judges' failure to impose sanctions commensurate with the offense is examined, as well as the emphasis on the preservation of the marriage over the safety of the victim. The report addresses the use of diversionary programs such as counseling and mediation for channeling complaints away from the traditional criminal process; the extent to which shelters and social services provide support for women unable to make use of the justice system; and the role of legal services. Commission findings and recommendations are provided, as are footnotes and tables.