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Prosecuting to Prevent Domestic Violence Against Women: Conflicting Perspectives |
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Abstract:
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American prosecutors have embraced policies intended to prevent domestic violence against women. Some virtually promise victims protection from continuing abuse if they cooperate with the state’s attorney in bringing a case to justice. However noble the promise, it calls for victims to make a risky commitment to go forward, often on a misunderstanding of prosecutorial interests. Some prosecutors insist that they prosecute on behalf of the state with a goal of punishing to prevent violence against all women, not a specific victim. Others allow that the specific victim can expect protection as a witness for the state’s case until it is settled, but view protection from later recurring violence as incidental to their goal of general prevention. Still others give primacy to each victim’s interests in determining a course of prosecution most likely to protect her from future violence at the hands of the defendant. This paper discusses the historical-legal context of these alternative perspectives and their associated policies and practices. It assesses each perspective in light of extant empirical research on its preventive impacts. |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| Ford, David. "Prosecuting to Prevent Domestic Violence Against Women: Conflicting Perspectives" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p117194_index.html> |
APA Citation:
| Ford, D. A. , 2004-05-27 "Prosecuting to Prevent Domestic Violence Against Women: Conflicting Perspectives" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois <Not Available>. 2009-05-26 from http://www.allacademic.com/meta/p117194_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: American prosecutors have embraced policies intended to prevent domestic violence against women. Some virtually promise victims protection from continuing abuse if they cooperate with the state’s attorney in bringing a case to justice. However noble the promise, it calls for victims to make a risky commitment to go forward, often on a misunderstanding of prosecutorial interests. Some prosecutors insist that they prosecute on behalf of the state with a goal of punishing to prevent violence against all women, not a specific victim. Others allow that the specific victim can expect protection as a witness for the state’s case until it is settled, but view protection from later recurring violence as incidental to their goal of general prevention. Still others give primacy to each victim’s interests in determining a course of prosecution most likely to protect her from future violence at the hands of the defendant. This paper discusses the historical-legal context of these alternative perspectives and their associated policies and practices. It assesses each perspective in light of extant empirical research on its preventive impacts. |
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Similar Titles:
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