NCJ Number
153772
Journal
Trial Volume: 31 Issue: 2 Dated: (February 1995) Pages: complete issue
Editor(s)
E E Yeary
Date Published
1995
Length
112 pages
Annotation
This journal issue contains a series of articles dealing with civil justice remedies for victims of violence associated with hate groups, domestic abuse, guns, and sexual abuse.
Abstract
Hate groups can spawn racist violence even when such groups do not directly participate in the crime. In response, attorneys for victims of hate crimes can fight bias-motivated violence in civil court with common law claims of aiding and abetting civil conspiracy. In the area of domestic abuse, testimony on the battered women syndrome can explain why victims of domestic abuse behave in sometimes unexpected ways. Such testimony is useful in cases ranging from criminal prosecutions to child custody disputes to victim claims for damages against their abusers. Interviewing domestic violence victims can test the skills of the most seasoned attorneys. To obtain the information needed to file a claim, the attorney must ask specific questions about the victim's experience in a supportive, nonthreatening way. With respect to gun violence, the extreme danger of firearms implies legal obligations for people who own or sell them. Several court decisions have held gun owners and retailers liable when their conduct has endangered others by exposing them to firearm-related injuries. Sexual abuse cases present a formidable mix of legal and psychological issues. Statutes of limitations, doubts about recovered memories, and insurance coverage limits present challenges to lawyers who represent childhood sexual abuse victims. In general, civil suits for psychological trauma resulting from a criminal act recognize the victim's fear, pain, and emotional distress as compensable claims. These suits can both compensate the victim and aid the healing process.