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Criminal Justice Domestic Violence

 

 

 

 

 

 

 

 

 

Criminal Justice Domestic Violence

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Criminal Justice Domestic Violence

  1. What does the following statement mean to YOU >>>> Family violence is as American as apple pie! (1B) Briefly discuss the social-legal history of DV during the following time frames: (a) Ancient Greece, (b) Roman Empire, (c) Christian Era, (d) British Common Law, and (e) French Law.

The phrase “Family violence is as American as apple pie!” connotes that the family violence in the U.S. has become very prevalent to the extent that it is part of its culture. Individuals do not see family violence as a big deal despite its impact on the community’s wellbeing; people are used to it.

In Ancient Greece, domestic violence cases were prevalent and mostly included the assault of women, other incidences occurring to expectant mothers. In this civilization, the only human rights that were granted to women were linked to their values as the property of a man. The original decrees regulating families barely encompassed penalties, and the males were given the mandate to establish the laws that were fit for the household. This means a wide spectrum of punishments were open. The females had no alternative because she was under the guardianship of a male for the rest of her life.

In the Roman Empire, the murder, beatings, divorce were perceived as private rights of the family head, the male in this case (Criminal Justice, 2015). The social class that a woman occupied determined her rights. Those from the upper class could divorce their husbands in case of excessive violence. Those from the low class were required to remain in their abusive marriages until death.

During the Christian Era, the case was not different because the Christian emperor Constantine the Great was the principal emperor to murder his wife based on allegations. At around 289 C.E., the emperor made his wide to be boiled alive following the allegations of infidelity—not for caught in adulterous (Criminal Justice, 2015). This emperor was afterward consecrated in the Catholic Church as a saint.

British common law had some requirements for the master of the house to use physical abuses to discipline children and wives. These laws place some restrictions on this power; nevertheless, these restrictions were mainly illusory because only a few men faced the law for their infringements. The physical discipline was believed to be important so long as the authority would home men accountable for the crimes of their household members.

The French Laws restricted violence by a husband to knocks of any type as long as they were directed to the back and left to perpetual marks. The societal pressure to keep the laws, not just by sticking to restriction but by basically utilizing violence, can be perceived in the warning that came with these rules; men were not considered powerful and respectable if they failed to be masters of their households.

  1. Question:Discuss the model on intimate partner violence this scenario describes? Explain how the cycle of abuse occurs across generations. (Be specific). 2(B). Describe the “funnel metaphor” as related to domestic violence. Discuss the problems associated with the measure of domestic violence-related crimes.

In this scenario, the intimate partner violence model that applies is Duluth Model, which shows that the control and power wheel delineates how men utilize isolation, intimidation, violence, economic and emotional abuse, and male privilege to control women. In the case scenario, John uses violence, intimidation, and male privilege to control his wife. The same habit of acquiring control over wife was passed over to the kids, as Gerald indicated.

When children witness the abuse of one partner in marriage, they are likely to inherit the same behavior as indicated by Gerald. He uses the same tactics that his father used to control his mother. Most children take their parents as their role models, and this means that any behavior, whether negative or positive, can be passed from generation to another. This makes domestic violence a cycle across generations.  The “funnel metaphor” has six levels, all of which can be used to describe domestic violence.

The first challenge in measuring the rate of domestic violence crimes is the inaccuracy in self-reporting cases. This does not mean the reported cases are not always true; the truth is that reports could be subjective and inaccurate. Also, a large number of crimes go unreported, and this makes it hard to approximate the actual figure of the crime rate.

  1. List and describe at least four sources for family violence data. (Be specific). (3B)What two Supreme Court decisions impacted child court testimony? (List and describe – be specific). (3C) Describe in detail the “typical” child abuse perpetrator.

The main sources of family violence data are:

BJS is a federal agency which gathers, analyzes, publishes, and share data on different types of crimes. JRSA is a federal charitable agency of practitioners, researchers, and state Statistical Analysis Centers all through justice, academia, and government organization. The UNSD is the U.N.’s division dedicated to the progress of the statistical system at the global level.  NCJRS is an agency that provides criminal justice and juvenile information to support program development, policy, and research worldwide.

In the case of Coy v Iowa (1988), the United States Supreme Court ascertained that the screen between defendant and child witness infringed the Confrontation Clause of The Sixth Amendment. The other important case was held in 1895. Wheeler v. the United States, and it was determined that a 5.5-year-old child was old enough to testify in a criminal case related to the murder.

The typical child abuse perpetrator is usually one of the parents or a close relative. Parents are more likely to be the perpetrator of these crimes more than their relatives or stranger. A typical perpetrator of sexually related abuse is usually a male aged between 18 to 50 years.

  1. What are the three phases of an abuse cycle, according to Lenore Walker? (List and explain each). (4B) What is “male partner reproductive coercion”? (explain the term, how it occurs) Is this behavior that should be classified as IPV? (Explain and support your answer).

Tension building phase

The first phase of the abuse cycle ascertains that there is a gradual rise in tension. This is characterized by violent acts and continuous struggles. All through this state, there are cases involving small fights, shouting, or jealousy.

Acute violence

This is the shortest among the other states, and violence is evident in this stage. The absence of control triggers sexual, psychological, or physical aggression. The victim encounters anxiety and disbelief, and they usually feel powerless and end in isolation.

Reconciliation/honeymoon phase

In the last stage, the perpetrator basically begs for pardon and assures that victim such thing will never occur again. They employ manipulative approaches to ensure the relationship does not end.

“Male partner reproductive coercion” is an act whereby a male spouse makes some efforts to take control of the relationship via actions linked to reproductive health. It usually includes keeping a woman in a relationship through pregnancy by making it hard for her to be autonomous, leave the relationship, or get educated. This behavior should be classified as IPV because it includes some behaviors that break down to control, control of a woman, and relationship.

  1. A close friend of yours – a fellow student at CSUN – informs you that they were a victim of a sexual assault on campus. They are scared and confused and don’t know what to do next. How do you help them? (I want specifics!! Where does your friend go on campus for assistance? Who do they talk to? What resources are available on campus? Where are they located – Building #, telephone #, name of the contact person, etc.) (5B) What is your opinion on California law – SB 967? (Support your answer). (5C) How would you counsel a male victim of rape who may assume that his failure to protect himself against a male perpetrator equates with passivity – considered a female trait – which can lead to the false assumption of homosexuality? (Be specific).

I would advise the victim to report the case to the University Police Department or Title IX Coordinator. This friend could report the case to the Division of Student Affairs my making a call to the contact provided. Also, this victim could report the case to the Office of Student Housing. The two offices are open from Monday to Friday (California State University, 2019). The friend will talk to Susan Hua, Director for the Office of Equity and Diversity, telephone number (818) 677-2077.

California law – SB 967 is important because it will change how sexual assault or rape cases are investigated. In the past, students have received disciplinary actions in cases where the consent was acquired. This eventually disadvantages the males, who are the main perpetrators in such cases. It will encourage campus officials to be more thorough and careful when investigating cases of sexual assault. In the case of an assaulted male victim, I would advise him to report the case to the University Police Department for legal actions to be taken against the perpetrators. I would also advise him to seek help from a counselor, who would help him deal with the case of depression.

 

 

References

California State University. (2019, October 28). Rape and sexual violence. California State University, Northridge. https://csun.edu/police/assault

Criminal Justice. (2015, April 11). The worldwide history of domestic violence. https://criminal-justice.iresearchnet.com/crime/domestic-violence/worldwide-history-of-domestic-violence/

 

 

 

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