Final Flashcards
Customs and Traditions that legitimize violence against women
- Honor Killins: a practice when a male family member murders his daughter in order to defend the family’s honor. Still practiced in Pakistan
- Bride Burning: a man douses his wife in kerosene or other flammable liquid and sets the woman on fire. Is an example of dowry death because in-law thinks dowry is unequal.
- Female Infanticide: female fetuses continue to be aborted simply because they are female.
VAWA
government gave money to states to start training programs, prevention programs pertaining to domestic violence.
What are three categories of family violence?
- Intimate Partner Violence: is between a husband/wife, boyfriend/girlfriend, life partners, etc. There is psychological, emotional, isolation abuse that all usually occur from teh male yelling at the partner, calling her names, maker her feel worthless and like she cant do any better. Theres physical and sexual abuse as well which would include: throwing things, hitting her, forcing her to have sex, punching, pushing, etc. Financial Abuse by not letting her make her own money so that she relies on the abuser.
- Child Abuse: is when an adult, usually parent or guardian, abuses their child. There is psychological, emotional, physical, sexual, mental. Depending on the severity of the abuse and the childs risk of harm, these matters could be dealt with in Family Court or State Court.
- Elder Abuse: abuse of elderly person. Could be by a child who takes care of his parents, a nurse at a hospital or a “helper” at an elderly home. They can be abused financially if their child is taking money from them, physically if they are being shoved around in a home, mentally, emotionally if they are being yelled at and berated constantly, and can also be sexually abused.
Minneapolis Domestic Violence Experiment
Tested police responses to domestic violence calls. They found that 50% decrease of domestic crimes when the man was arrested. Recommendations: 1. Make Arrest 2. Test in other states to test validity 3. Adopt mandatory arrest laws
History
Women were considered property of men. Family Violence was first considered a family problem. In 1970 this changed and was considered a social problem. Minneapolis Experiment VAWA I-VAWA
3 Major Schools of Thought
Classical School of Thought: The theory behind the classical school was that people commit crimes because of free will
Positive School: THe Theory behind the positive school was that it was a social problem and no longer left the family in charge of handling it.
- Conflict School:
Two tracks a child abuse case can take
Criminal Court: Police and Social Services collaborate on the investigation. THe Parents can end up in jail and child end up in custody of the state.
Family Court: Social Services conduct the investigation.
–> Merit Hearings
THe Child would end up in custody of the state. Parents can go through programs and if completed can gain back custody.
Qualitative vs. Quantitative
Qualitative:it refers to a constellation of injuries indentified as nonaccidental trauma or abuse.
Quantitative: refers to the amount of it.
Battered Child Syndrom
refers to any abuse a child might receive. Its the reoccurring of marks on a child. It includes shaking, hitting, psychological abuse. It was important because it gave light to the abuse children receive.
What is CAPTA and what was its impact on child abuse investigations?
Child Abuse Prevention & Treatment Act: provided federal funding to states for training, treatment, prosecution and prevention. Provided uniform definition of abuse.
It helped with child abuse investigations and helped with preventing future child abuse from happening. It also assisted with treating the abused child.
What are four primary categories of child maltreatment?
Physical: includes hitting, beating, shoving, battered child syndrome. Any physical harm done to a child.
Sexual: rape, unwanted touching of the genitals, unwanted touch, showing porn. Any sexual abuse shown or performed on a child.
Emotion/Psychological: Yelling, putdowns, allowing the child to view beatings of other family members. Any harm done to a childs mental well-being.
Neglect: not showering, feeding, supervising, loving, caring the child. Any of the childs essential needs not being attended to.
Why is the location of a bruise important in child abuse cases?
The location of the bruise is important because if it is on a childs knees it wouldnt be out of the ordinary. If it is around the childs neck in a spot that it would be hard to assume it was an accident then that might point to child abuse.
Age Dating
Age Dating refers to the time the bruise occurred. The color of the bruise can help estimate when the bruises were obtained. Red=more recent, Brown/Green=not so recent most likely 1-2 weeks.
Pattern Injury
Pattern Injury: refers to if the injury is reoccurring in a similar place with similar marks. Child gets belt marks in the same place every few days.
Steps to Investigating a potential child abuse case
- Does the story match the injury
- Ask a Doctor
- Get the childs medical history
- interview witnesses
- collect evidence
- take the child into custody
Adult Protective Services
services that are provided to adults that are abused
Elder Abuse
Physical, economical, mental, emotional, psychological abuse of the eldery.
Learned Helplessness Theory
women accept their powerlessness in intimate partner battering situations due to gender-role socialization that includes a false belief that they cannot escape.
Battering
Repeated physical striking of another person
Resilience
The ability to come back from something. Being able to move on after being abused for years.
Intimate Partner Violence
abuse between husband/wife, bf/gf, bf/bf, gf/gf, etc. Can be physical, mental, emotional, psychological, sexual or financial abuse.
Power and Control Wheel
Using Coercion and Threats: threatening to leave, making her do things she doesnt want such as crime, making her drop charges
Using Intimidation: smashing things, destroying her property, abusing pets
Using Emotional Abuse: puttdowns, making her feel bad about herself, playing mind games
Using Isolation: controlling what she does, controlling who she talks to, what she reads, where she goes
Minimizing, Denying and Blaming: making light of the abuse, saying the abuse doesnt happen, saying its her fault
Using Children: using visitation to harass her, threatening to take child away
Using Male Privilege: treating her like a servant, making all big decisions
Using Economic Abuse: not allowing her to work, giving her an allowance, taking her money
Duty of the Prosecutor
To find the truth and get justice. Try the case with the most likelihood of a conviction.
Victims Advocate
the person who goes through the court process helping the victim. Explain whats going on, what they need to do, when to go to court, get them help, help them in any way possible.
Financial Exploitation
taking advantage of someones finances. A family member tricking their sick grandmother into signing over all her assets when she dies is an example.
Significant Events that helped domestic violence
Was basically accepted
Police had little knowledge of how to handle situations
VAWA gave money to states to train officers
Hotlines and Shelters were developed
9 Social Factors that make it difficult for male survivors to report
- Treatment: Men are not as likely to seek treatment as women.
- Minimization: Males are reluctant to make a disclosure about sexual abuse for fear it will not be seen as a victimization experience.
- Shame: male focuses on why he failed to protect himself.
- Masculine Identity: the male survivor may overcompensate for the anxiety surrounding his inability to protect himself by using macho behaviors.
- Male Intimacy: Male will avoid relationships with other males to avoid appearing weak.
- Sexual Identity: can lead to false assumption of homosexuality
- Power and Control Dynamics: low self-esteem is related to having been victimized sexually.
- Externalization: victimizing others sexually to externalize their feelings.
- Compulsive Behaviors: alcohol abuse, drug abuse
Abuse Cycle
- Tension Building: some arguing, name calling, mainly psychological and emotional abuse.
- Acute Battering: when the partner physically strikes the partner. Usually the partner leaves after this until the next stage.
- Honeymoon Stage: the abused partner forgives the other and gets back together with them after false promises of change, or present giving.
Reasons Why Women Return to Abusive Relationship
- Financially: He makes the money and supports her.
- Fear: He threatens to kill her if she doesnt come back or threatens to harm kids.
- Cant Do Any Better: tons of psychological and emotional abuse of him telling her she is worthless and no one will take her in.
- Blames Herself: The abuse is “her fault” and she “deserved” it.
- Loves Him: She still loves the abuser or thinks that she can change him.
Elderly Neglect
Bed Sores, Bad Hygiene, Sick, Havent Been Taking Their Medicine, Wearing Same Clothes Daily.
Factors/Reasons Prosecution of Domestic Violence Cases are Difficult
Victim changed their minds about pressing charges Victim is uncooperative Lack of Reporting Community views guy as a leader Lack of Evidence Reported it late so no bruising Victim may be afraid to report
Reasons to charge/not charge
Likelihood of conviction
Credibility of witness
Weight of evidence
Intimate Partner Violence is primary cause of….
Homelessness
VAWA
Government gave money to states to provide training to police. Also created shelters and victim advocate services
Evidence
Tangible: Physical things like guns, bat
Testimonial: Victim testimony
Documentary: bank records, threat letters
Forensic: Blood, saliva, seamen, hair, fluids
Officers Job
- Has Crime Occurred?
- Get Medical Attention
- Protective Order
- Gather Evidence
- Victim Interview - Has Probable Cause to Arrest?
Stalking
pattern of conduct unwanted attention, harassment, contact or any other course of conduct directed at a specific person
-CAUSE REASONABLE PERSON TO FEEL FEAR
First Stalking Law
California after celebrity was murdered.
Cyber Stalking
repeated threats or harassment using any electronic device
Characteristics of Stalkers
Mobile Socially Isolated No Criminal Record Angry & Explosive when provoked Depressed Controlling Low Self-Esteem *Similar to characteristics of a batterer
Types of Stalkers
Intimate Partner Stalker: had relationship with victim
Acquaintance Stalker: had small encounter with victim (sees them at the coffee shop daily)
Public Figure Stalker: president, celebrity being stalked
Private Stalker: people who dont know each other (saw walking on the street and smiled at them…not celebrities)
Erotomania Stalker
mental disorder
- goes with public figure stalker
- believes victim truly loves them despite never meeting
Vengeance/Terrorist Stalker
makes your life miserable
-makes coworkers, friends, family hate you
Stalking Punishment & Prevention Act
- 1996 Federal Law
- Cant cross state lines to stalk someone
- Federal Crime
Investigating Stalking
- Gather physical evidence such as documents, phone records
- Previous police involvement
- Interview witnesses or 3rd party
- Consider circumstantial evidence such as foot prints in the snow or mud
- Assist victim in getting a restraining order
1st Degree Murder
- Premeditated
- Perpetrating another crime such as sexual assault, arson, robert, burglary
2nd Degree Murder
Unlawful killing without premeditation
Defenses of Homicide
- Insanity
- Mental illness
- Justifiable homicide
- Battered woman syndrome
Vermont v. Jones
Convicted of second degree domestic assault
Prosecution in VT v. Jones
- Friend saw no injuries when she left
- Injuries weren’t consistent with fall
- Defendants story changed
- Doctors said injuries were inflicted within 72-96 hours
- Bruise patterns
- Prior abuse
- Defendant hesitates to bring her to hospital
- Injuries were consistent with blunt trauma
Defense in VT v. Jones
- Prior bad act should be excluded because it taints the jury and makes them impartial
- Circumstantial
- Bar fight
- Victim was drunk, on drugs, straight plastered
