Domestic Violence Crimes Research Articles

Firearm Ownership in High-Conflict Families: Differences According to State Laws Restricting Firearms to Misdemeanor Crimes of Domestic Violence Offenders.

This study examines the association between state laws that prohibit firearm ownership for offenders convicted of misdemeanour crimes of domestic violence (MCDV) and firearm ownership in two-parent families with high-conflict male partners with arrest histories. Mixed effects logistic regression models applied to data from the Early Childhood Longitudinal Study-Birth cohort (n = 5,350) determined that living in a state with laws that prohibited firearm ownership for convicted MCDV offenders decreased the likelihood of firearm ownership among families with high-conflict males by 62%. The length of the time limit length on firearm prohibition was correlated with incremental decreases in firearm ownership in such families, with the probability of firearm ownership among families with high-conflict males decreasing from 30% in states with no MCDV laws restricting access from firearms to 12% in states with permanent prohibition on firearm ownership. These findings have significance for public health policy aimed at decreasing intimate-partner homicide.

TATA CARA PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA KEKERASAN TERHADAP ANAK DALAM KELUARGA

This study aims at determining and understanding the factors causing domestic violence, procedures for investigating perpetrators of domestic violence at the Medan City Police, and the obstacles faced in investigating domestic violence at the Kota Besar Police Station. In this research, library research was conducted. The results of the study show that the factors causing the crime of domestic violence are in addition to environmental factors, association, the influence of mass media, films, soap operas apparently also influenced the attitudes and actions of a child or family member. Culture encourages women (wives) to submit to their husbands, especially economically. Society does not consider domestic violence as a social problem, but rather as an internal problem between husband and wife, other people may not interfere. It is mistaken understanding of religious teachings assuming that men may rule over women. The process of investigating perpetrators of domestic violence is as follows: complaints from victims are received through the Women's and Children's Service Unit (PPA) Picket Officers. Furthermore the officer advised the victim to do a Visum et Repertum. The officer who receives the complaint will make a Minute of the Investigation of the victim. Based on information from the victim, the investigator will examine witnesses and call or arrest the suspect (depending on the results of Visum et Repertum) to conduct an examination of the suspect. In carrying out investigations of domestic violence, investigators experience several obstacles, namely: Domestic violence has a relatively closed (private) scope and is closely guarded because of the occurrence in the family environment; Domestic violence is often considered reasonable because it is believed that treating a wife as he wishes is the husband's right as the leader and head of the household; Domestic violence occurs in legal institutions, namely marriages. This fact causes the public to not respond to the complaints of the victims of the crime of domestic violence they experience.

TINDAK PIDANA PENELANTARAN DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (Studi Putusan Nomor 122/Pid.Sus/2015/PN.Trt)

The criminal act of the abandonment in the household is in the form of neglecting his wife and children who do not provide physical and spiritual support as a husband's obligation to his wife in the marriage bond. What is the category of domestic violence crime? How is the criminal responsibility for the perpetrators of the crime of the abandonment in the household according to the decision of the Tarutung District Court Number 122/Pid.Sus/2015/PN.Trt. How is the legal protection for the victims of criminal acts of the abandonment of the household. The results showed that the category of criminal acts of domestic violence is any act of violence both verbally and physically, either in the form of actions or actions, or threats to life, these actions are directed at the victim because she is a woman. According to the decision of the Tarutung District Court Number 122/Pid.Sus/2015/PN.Trt, the defendant is obliged to take responsibility for his actions in accordance with the decision handed down by the panel of judges, namely serving imprisonment for 1 (one) month and paying court fee of Rp. 2000, - (two thousand rupiah). Legal protection for victims of domestic neglect reported to the police will be processed in the Special Service Room. In this Special Service Room, every victim of Domestic Violence can complain, report all acts of Domestic Violence they experience and the police, especially the Women Police play a role in serving and protecting victims. Keywords : Criminal Act, Abandonment, Household.

Tipos penales en los delitos de violencia intrafamiliar

Los tipos penales describen las conductas penales establecidas en la ley penal y en tratándose de los delitos de violencia intrafamiliar la legislación comparada consagra en forma clara de quienes conforman o son miembros del núcleo familiar; a más que el bien jurídico conculcado en delitos de violencia intrafamiliar es la armonía y paz familiar y el bien jurídico afectado ante el maltrato físico es la integridad personal de la víctima, aspectos que vislumbran situaciones procesales disímiles, no es lo mismo entablar una acción penal por violencia intrafamiliar y otra por lesiones. En el caso ecuatoriano a más de existir una extralimitación del tipo penal se entremezcla las acciones penales por violencia intrafamiliar y lesiones, concibiéndose que la lucha contra la violencia intrafamiliar sea inexorablemente reducir a prisión al procesado como que la cárcel lo resuelve todo, recuérdese que el derecho penal es de última ratio. A ello se suma que las exparejas a pesar de haber roto el laso conyugal, noviazgo, unión de hecho, relación de afectividad o intimidad mantienen por siempre el estatus de miembro del núcleo familiar y en caso de agresión física o de otra índole son sometidos al trámite violencia intrafamiliar y no por lesiones.

Telesno kažnjavanje dece sa aspekata porodičnog i krivičnog prava - (ne)pomirljivi tonovi

The purpose of this work is to examine an issue of corporal punishment of children as a method of discipline in terms of family and criminal law. The author begins the study by taking a broader perspective of the issue in terms of extra-legal scientific disciplines, then conducts an analysis of the international legal frameworks for the corporal punishment and finally offers brief overview of the solutions found in comparative law. Further in the study, the author focuses on different aspects of family and criminal law in terms of necessity of complete prohibition against corporal punishment of children. In order to do this, the author compares present legal solution found in family law with suggested new solution of the Draft Civil Code of Serbia. Further, the attempts have been made to set the criteria for distinguishing the situations in which the exercise of parental rights can be considered specific basis for exclusion of the unlawfulness from those in which the crime of domestic violence is found. De lege ferenda proposals have been presented with an aim of serving as a possible middle ground between different aspects of family and criminal law by giving more flexible approach and there for making it acceptable for both branches of law.

가정폭력범죄 효율적인 사법처리를 위한 개선방안 검토 연구

가정폭력범죄 효율적인 사법처리를 위한 개선방안 검토 연구

The Repugnant Effect of Reckless Conduct and Domestic Violence: Voisine V. United States and the Restriction of Firearms

In the United States, domestic violence can be violent, physical attacks that may include firearms, and psychological, economic, and sexual abuse. With domestic violence being a continuous issue in this country, millions of citizens each year have been victims of domestic violence with an estimated death toll of 1,300. Moreover, this is a major concern that this is country is faced with that has required much advancement in laws being implemented for the safety of law abiding citizens. In 1968, Congress enacted the Federal Gun Control Act (GCA) in an effort to prohibit the possession of firearms from individuals previously convicted of a felony. This act was implemented to protect citizens of the United States from individuals who used guns to harm others. However, deviations in society such as the increase of domestic violence disclosed that there was a loopholes in the GCA. The loopholes included individuals who committed misdemeanor assaults of domestic violence being allowed to possess guns. The loopholes led to 18 U.S.C. § 922(g)(9) (The Lautenberg Amendment) being enacted by Congress. The sole purpose of this amendment was to restrict individuals who were convicted of misdemeanor assaults of domestic violence from possessing fire arms and to provide regulations for this offense that the GCA did not provide. Subsequently, cases such as United States v. Castleman decided by the United States Supreme Court held that individuals convicted of knowingly and intentional conduct of domestic violence are prohibited from gun possession. In the case at hand, Voisine v. United States, the Court held that the conviction of domestic violence led by reckless conduct is also a prohibition of gun possession by individuals who commit this crime. However, there has been opposition that implicated that the Court’s decision is a violation and infringement upon the Second Amendment right of citizens being able to bear arms because of domestic violence offenses. Additionally, in my research, I specified that the prohibition of individuals possessing guns who committed the crime of domestic violence protects law abiding citizens in the United States. When individuals violate the laws that are implemented for the safety of individuals, this suggests that there is a deficiency in abiding by the laws and a lack of carefulness in the lives of others. Further, reckless conduct is when a person consciously disregards a particular risk that can take place because of his or her actions to another individual. With this notion, reckless conduct should be equivalent to knowingly and intentional conduct because it suffices in the same way and it can result in the endangerment of citizens as knowingly and intentional conduct can.

A szülői felügyeleti jog megszüntetésének hatályos jogi szabályozása a Polgári Törvénykönyvben

Being a judge practicing on the area of the law of crimes I rarely come across with the need to apply civil law. Nevertheless, a handful legal concepts may be applied also by criminal courts. One of these concepts is the termination of parental control. Before turning to relevant case analysis in my study, I focus on the principle of the "child's best interest" which is referred to under article 3 of the New York Convention on the rights of children and which has a general fundamental applicability in respect of all provisions of the Convention. This principle must apply not only in civil, but also in criminal proceedings and generally in all types of proceedings irrespective of the area of law such proceedings fall under. Special emphasis is attributed to the legal consequences of terminating parental control and to the distinction of cases where the termination of parental control by the court is mandatory and where such a decision is made in the discretion of the court. I pay separate attention to cases where the court has convicted the parent of a crime committed wilfully against the convicted person's own child and in which cases the convicted person is sentenced to prisonment and as a result of these the criminal court has competence to order the termination of parental control. I address also some issues relating to matters of proof and evidence in connection with crimes of domestic violence. Finally, I explain the nature of a child-focused jurisdiction through the presentation of the Hungarian system which ensures to respect and to give effect to the rights of children to the maximum extent possible. The ability of providing special treatment for children in court proceedings is of the utmost importance.

Investigating rape: human rights and police accountability

This paper explores the implications of D v Commissioner of Police for the Metropolis [2016] QB 161, a recent decision of the Court of Appeal in which two victims of a serial rapist successfully sued the Metropolitan police for investigative failures relying on Art 3 of the European Convention of Human Rights and the Human Rights Act 1998. The paper reflects upon the extent to which English courts are willing to recognise a duty to investigate within the wider context of civil claims against the police, particularly with regard to failures arising from the investigation of crimes of sexual and domestic violence. The comparative scope of tort and human rights claims is also considered, along with the evolving jurisprudential trend towards drawing a firm line between the two kinds of claim.

HomeGuard: A Smart System to Deal with the Emergency Response of Domestic Violence Victims

Domestic violence is a silent crisis in the developing and underdeveloped countries, though developed countries also remain drowned in the curse of it. In developed countries, victims can easily report and ask help on the contrary in developing and underdeveloped countries victims hardly report the crimes and when it's noticed by the authority it's become too late to save or support the victim. If this kind of problems can be identified at the very beginning of the event and proper actions can be taken, it'll not only help the victim but also reduce the domestic violence crimes. This paper proposed a smart system which can extract victim's situation and provide help according to it. Among of the developing and underdeveloped countries Bangladesh has been chosen though the rate of reporting of domestic violence is low, the extreme report collected by authorities is too high. Case studies collected by different NGO's relating to domestic violence have been studied and applied to extract possible condition for the victims.

Domestic Violence Crimes between 2008-2011 in Turkey

Objective: The purpose of this study; by collecting official data from the Ministry of Justice, analysing trends in time and differences among cities and regions. Method: Criminal data was taken from the criminal courts via the Ministry of Justice between 2008 and 2011. Population data was obtained for the Turkish statistical Institute. The data obtained in this context, was analysed and presented with Geographic Information System (GIS). Findings: The highest prevalence of domestic violence has been determined in three central Anatolian cities. Spatial analysis of the domestic violence showed that prevalance values were higher in the northern part of Turkey compared with the eastern part. Domestic violence prevalance values were low in big cities such as Istanbul and Ankara. Conclusion: Our results demonstrated that more developed regions of Turkey had higher frequency of domestic violence. This can be explained by the reporting domestic violence can be higher in more developed regions.

Association Between Neighborhood Violence and Biological Stress in Children

ImportanceExposure to violence continues to be a growing epidemic, particularly among children. An enhanced understanding of the biological effect of exposure to violence is critical.ObjectiveTo examine the association between neighborhood violence and cellular and biological stress in children.Design, Setting, and ParticipantsA matched, cross-sectional study of 85 black children aged 5 to 16 years from 52 neighborhoods took place in the greater New Orleans, Louisiana, area between January 1, 2012, and July 31, 2013.ExposuresDensity of businesses where individuals can purchase alcohol as measured by rates per capita of liquor or convenience stores, and violence as measured by reports of violent crime and reports of domestic violence, operationalized as reports per capita of crime and domestic violence. Rates of exposure within a 500-, 1000-, and 2000-m radius from the child’s home were calculated.Main Outcomes and MeasuresPrimary biological outcomes were telomere length and cortisol functioning. ResultsAmong the 85 children in the study, (mean [SD] age, 9.8 [3.1] years; 50 girls and 35 boys) significant variation in telomere length and cortisol functioning was observed at the neighborhood level, with intraclass correlation coefficients of 6% for telomere length, 3.4% for waking cortisol levels, and 5.5% for peak cortisol levels following a stressor. Density of liquor or convenience stores within a 500-m radius of a child’s home was associated with a decrease in mean telomere length by 0.004 for each additional liquor store or convenience store (β [SE], –0.004 [0.002]; P = .02). The rate of domestic violence was significantly and inversely associated with a decrease in mean telomere length by 0.007 for each additional report of domestic violence in a 500-m radius of a child’s home (β [SE], –0.007 [0.001]; P < .001). The rate of violent crime was significantly associated with a decrease in mean telomere length by 0.006 for each additional report of violent crime in a 500-m radius of a child’s home (β [SE], –0.006 [0.002]; P < .001). Children exposed to more liquor and convenience stores within 500 m of their home were significantly less likely to reduce cortisol levels after a reactivity test (β, 0.029; P = .047), as were children exposed to high rates of domestic violence (β, 0.088; P = .12) and violent crime (β, 0.029; P = .006). Children exposed to more liquor and convenience stores within 500 m of their home had a steeper diurnal decline in cortisol levels during the day (β [SE], –0.002 [0.001]; P = .04), as did children exposed to more violent crime within 500 m of their home (β [SE] –0.032 [0.014]; P = .02).Conclusions and RelevanceNeighborhoods are important targets for interventions to reduce the effect of exposure to violence in the lives of children. These findings provide the first evidence that objective exposures to neighborhood-level violence influence both physiological and cellular markers of stress, even in children.

From Victim to Offender: How Nuisance Property Laws Affect Battered Women.

Nuisance property laws, which fine people for excessive 911 calls, have become increasingly popular in cities of all sizes. However, research into how these laws affect battered women is still in its early stages. This research study was designed to address the question of whether nuisance property laws harm battered women and, if so, how. Using a qualitative research design, in-depth semi-structured interviews were conducted with 27 primarily low-income African American battered women in St. Louis metropolitan area who had come into contact with a nuisance property law because of domestic violence. Interviews addressed circumstances of contact with a nuisance law, the response of law enforcement officials, and how the law affected the participant's housing, ability to call 911, sense of safety, finances, access to health care, and family stability. Using a multi-stage qualitative analytic procedure, each transcript was coded for themes and then descriptive categories developed for each theme. The data demonstrate that nuisance property laws harm victims of domestic violence in several ways, including by hindering their access to safe and secure housing, discouraging them from calling 911, increasing their vulnerability to violence, and compounding the trauma of the intimate partner violence. This research also reveals ways in which nuisance laws reinforce gender, race, and class inequality. The findings show that nuisance property laws enhance the abuser's power over his victim, hold victims accountable for the abuse, exacerbate the class- and race-based risks many battered women already face, and obscure the real crime of domestic violence. Policy makers need to be informed of these consequences so that they can take action to reform nuisance laws.

Duration of the compulsory psychiatric forensic hospital treatment compared to maximum penalty sentences in the Republic of Croatia

Introduction Legal system, by the nature of its involvement, has the tendency to create boundaries of forensic psychiatric (in)patient care. In 2014, after the introduction of the new Law of the Protection of Persons with Mental Disorder in the Croatia new boundaries were created within the article: compulsory hospitalized treatment of insane person cannot be longer that maximum penalty sentence prescribed for that offense. Objectives To analyze the duration of hospitalization of forensic psychiatric inpatients at the University Psychiatric Hospital Vrapce's Centre for Forensic Psychiatry and compare these findings to a prescribed maximum penalty sentence. Aims To test appropriateness of the new regulative introduced with the new Law. Methods Available data from all forensic psychiatric inpatients that committed crimes of murder, attempted murder, grave murder, threat, personal injury or domestic violence that were dismissed within 10 years before the introduction of the new Law were analyzed. Results The analysis included a total of 168 inpatients. The mean durations of hospitalizations for all six categories of crimes did not exceed maximum penalty sentences prescribed by the latest corresponding law, although in some rare individual cases they did. This was present within the categories of crimes of domestic violence (mean duration: 20.6 months with maximum duration: 68 months), and threat (mean duration: 24, maximum duration: 89). Conclusion Although arguably with the best intentions (unacceptability of negative discrimination), legal system created unnecessary tension as it imposes legal principles over clinical and moral ones. Deeper analysis of possible mediators of the duration of hospitalization are identified and presented.

Police use of discretion in response to domestic violence

This article addresses the issue of police officers’ use of discretion when responding to domestic violence. With reference to Ericson and Haggerty’s theory of risk-oriented policing, we collected data direct from information management systems in an English police force and conducted field observations with attending officers to explore the degree to which officers used discretion to interpret the national definition of domestic violence. We also considered how officers applied national standards for recording incidents and crimes. We found that considerable discretion was required to interpret the official definition of domestic violence, and that decision making in relation to recording or otherwise incidents and crimes of domestic violence was variable. Specifically, we found examples of domestic-related incidents not recorded as such, and examples of crimes either not or incorrectly recorded. The implications of these findings for policy and practice are discussed.

Who Says Elephants Can’t Dance? Uttar Pradesh Women Power Line 1090

Women Power Line 1090 was a facility set up by the government of Uttar Pradesh, the most populous state of India, for eradicating the menace of harassment of women in the state. The case briefly presents the genesis of the 1090 project and traces the journey of the project from an idea to the creation of an innovative and agile organization within the normally bureaucratic police force. The case concludes by presenting the challenges faced by the protagonist while analyzing the first seven months performance of his brainchild. The first challenge discussed is how he can extend 1090 to address more severe problems of eve-teasing, domestic violence and cyber crimes related to women. The second challenge he is thinking about is scaling up the operations without losing quality. The third challenge he is looking at is to find ways to create awareness and mobilization in the rural areas, which are home to 77 per cent of the state’s population.

Factors that affect the arrest decision in domestic violence cases

Purpose– The purpose of this paper is to examine domestic violence calls for service data in one Florida county for a two-year period from July 2004 through July 2006.Design/methodology/approach– Data for this study include information gathered on domestic violence calls for service during a two-year period (n=3,200). This secondary data were analyzed by logistic regression to determine statistically significant predictor variables.Findings– This study found that severity of crime, presence of children, presence of an injunction, and victim injury increased the likelihood of an arrest. Victim race, location of call, victim alcohol use, and length of relationship did not affect likelihood of arrest.Research limitations/implications– Use of secondary data precluded examination of additional relevant variable information.Practical implications– The research shows clear law violations and seriousness of the acts correlate to an increased likelihood of an arrest. Arrest research should inform police training and policy.Social implications– The research is consistent with other research that shows that law enforcement officers continue to play a significant role in responding to domestic violence crime and suggest that researchers should continue to study arrest practices. In this study, arrest was more likely when factors existed that may have indicated a more serious crime.Originality/value– There is an ongoing need to examine agency-level response to domestic violence. This paper adds to the literature on the law enforcement response to domestic violence. The paper suggests areas for future research.

Taking the problem seriously? Sentencing Indigenous and non-Indigenous domestic violence offenders

The ‘problem’ of Indigenous domestic violence has become increasingly dominant in populist and government discourse, with the criminal justice system (including the courts) being criticised for the possible lenient treatment of offenders. Using a population of cases sentenced in New South Wales from January 2009 to June 2012, this paper uses multivariate analyses to explore the intersection between Indigenous status, context of violence (domestic vs. nondomestic) and the imprisonment sentencing decision. Results suggest that when sentenced under comparable statistical circumstances, Indigenous domestic violence offenders are equally likely as those convicted of violent crimes outside of intimate/familial contexts to be sentenced to prison. In contrast, non-Indigenous domestic violence offenders are significantly less likely than those convicted of violent offences outside of intimate/familial relationships contexts to be sentenced to prison. Drawing on the focal concerns sentencing perspective, possible explanations for this finding are explored. The tension faced by the courts between the impact of colonialism on Indigenous offenders and their communities, the need to protect Indigenous victims of domestic violence and their communities, as well as overarching expectations around the punitive treatment of crimes of domestic violence are discussed.

Partnerships and NSW local government Community Safety Officers

Local government Community Safety Officers (CSOs) are now common in many jurisdictions. While their roles are diverse, most CSOs are actively engaged in various partnership approaches. This article discusses the nature and scope of inter-agency partnerships CSOs participate in or coordinate in the Australian jurisdiction of New South Wales (NSW). Through a focus group discussion with 13 CSOs (predominantly from councils in the Sydney Metropolitan Area), it was found that each CSO participates in a variety of inter-agency partnership groups, including those that focus on alcohol and licensing issues, drugs, domestic violence, homelessness and general community safety and crime prevention. Respondents suggested that only some of these committees are effective, raising questions about the ongoing need for and utility of the plethora of inter-agency crime prevention and community safety inter-agency structures operating in NSW.

The Strategic Response of Police against Domestic Violence Crimes

The Strategic Response of Police against Domestic Violence Crimes