Domectic Violence in the United States
Domestic Violence in the United States: A Research Proposal
Domestic Violence in the United States:
Domestic violence is not a new phenomenon associated with modern times. It has been a common occurrence throughout history. From a social/cultural point-of-view, the woman was considered the property of the man and his duty was to discipline her and the children (and slaves/servants) with thorough beatings. Consistent with eighteenth-century English common law, the only concerns about this related to the thickness of the stick that the law allowed for the beatings. Although there were some earlier unenforced laws against spousal abuse, it was only as recently as the 1970s that the U.S. justice system began to view the problem with any seriousness and consideration of domestic violence as a crime. Until that time, social services for the victims of domestic violence were almost nonexistent (Bronfman, et al., 2005).
Definition
There have been substantial perspectives and definitions of violence that happens within the family context in the U.S. For instance, family violence covers not just violence among female and male partners or gay partners but in addition child abuse, senior citizen abuse, and sibling abuse. Nevertheless, domestic violence, more purposely, talks about the abuse by one person to his or her partner in a close relationship. These relations can be made up of marriage partners, partners in live-in relationships, dating relationships (Henninger 1986), and also previous spouses, past partners, and ex-boyfriends/girlfriends (Faulkner, 2003). The Department of Justice calls these parties in these relationships as ?intimates. Violence among intimates might take the shape of physical violence, emotional mistreatment, sexual mistreatment, and even aggravated stalking. The intention of the abuse is be in charge of one person over the other. The different forms of abuse are the plans a person utilizes to create such power (Gelles & Murray (2008)).
Removing the de facto exemptions from the criminal law of violence is one way to enhance prevention. The most important shift in morality for the criminal law in recent years has concerned the treatment of domestic violence cases by the police and the criminal courts. The changes being advocated and achieved in this branch of domestic violence policy have little to do with the formal legal definition of criminal conduct the law on the books, and much more to do with the discretion exercised by legal official, the law on the streets (Faulkner, 2003). Shooting, stabbing, or beating a domestic partner has been criminal conduct throughout the twentieth century and for a long time before that. But this formal criminality was undermined by a tradition of nonprosecution of those who committed acts of violence against intimates, unless the injuries sustained in an attack were grievous. The tradition of non-arrest, non-detection, nonprosecution, and non-conviction in domestic violence cases was interpreted by many potential offenders as an implicit license.
For this reason, one major justification for more rigorous prosecution of domestic violence cases was to revoke the implicit license to beat that previous policies conveyed. Did the reorientation of the justice system result in a reorienting of social values? There can be little doubt that hitting and other acts of physical force directed at a domestic partner are more negatively viewed by citizens of every age, gender, and class in the United States of 1997 than they were a generation before.
What is harder to determine is the extent to which the changes in criminal justice policy were a result of changes in attitude that preceded them rather than a cause of increasing social disrepute (Bronfman, et al., 2005). In the intangible realm of attitude and value, it is hard to distinguish occasions when the criminal law is teaching a lesson to society from occasions when policemen and judges are changing their behavior in response to social pressures. The shifting perceptions of domestic violence in the United States after 1965 appear to be a case in which a change in social attitude and political pressure occurred before shifts in police and judicial behavior. But the changes in law enforcement reinforced and underscored the criminality and wrongfulness of domestic abuse, particularly after 1985.
The number of instances in which the criminal law can operate by itself in fashioning changes in citizen morality will be quite limited under a democratic system of government where citizen attitudes can nullify legal initiatives in a variety of ways. It is far more likely that the success stories regarding the use of criminal law enforcement as an instrument of social change will more closely resemble the...
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