Toward a Jurisprudence of Family Violence

Zimring, Franklin E.

doi:10.1086/449161

Cited by 9 publications

(6 citation statements)

References 8 publications

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“…After the turn of the century, the issue of intimate partner violence was largely ignored until the 1960s, when it became a focus of the second wave of feminism (Pleck, 1987). Before the late 1970s, the issue of intimate partner violence was formally and informally privatized, that is, exempt from legal sanction because of the doctrine of family privacy (Zimring, 1989). By 1980, legislation against domestic violence had been passed in 47 states (Fagan, 1996).…”

Section: Intimate Partner Violencementioning

confidence: 99%

The Social Control of Family Violence

Messing

2011

Affilia

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There has been a decidedly different social response to the abuse of a child and the abuse of an intimate partner, although both forms of violence occur within the family. This article explains the differential response to these forms of family violence through a historical examination of the movements to combat child abuse and intimate partner violence, including the influence of first-and second-wave feminism. The author applies theories of social control to analyze the development of the social response. She argues that an integration of the social service and criminal justice systems would best serve families who are experiencing violence.

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Section: Intimate Partner Violencementioning

confidence: 99%

The Social Control of Family Violence

Messing

2011

Affilia

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“…Her point of view would be consistent with traditional legal policy. which was not to prosecute unless the victim of spousal violence wished to separate from the offender (Zimring. 1989 In sum, the previous literature suggests that the motives for calling or not calling the police in response to assaults are likely to vary systematically depending on the gender of the victim, the gender of the offender, and the relationship between the two parties.…”

Section: Police Leniencymentioning

confidence: 99%

Reasons for Reporting and Not Reporting Domestic Violence to the Police*

et al. 2002

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The National Crime Victimization Survey is used to examine factors that encourage and inhibit victims of domestic violence from calling the police. Victims of domestic violence are less likely than victims of other types of violence to call the police because of their privacy concerns, their fear of reprisal, and their desire to protect offenders, but they are more likely to call for self‐protection and because they perceive domestic assaults as more serious. As a result of these and other offsetting factors, victims of domestic violence are just as likely as other victims of assault to call the police.

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“…Although both seem genuinely appalled at the nature of intimate partner violence, they question whether the U.S. urban court systems of the 1950s were capable of increasing the amount of criminal sanctions and, even if they could, whether any such increase would reduce the amount of intimate violence. Zimring (1989) questioned the extent to which the criminal law is ever likely to be an effective mechanism to address intimate partner violence. All of these perspectives have limited explanatory power because they report no variation in prosecution or conviction rates and no variation in prevailing attitudes or the capabilities of the criminal justice system.…”

Section: Explaining Rates Of Prosecution and Convictionmentioning

confidence: 99%

Prosecution and Conviction Rates for Intimate Partner Violence

Garner

Maxwell

2008

Criminal Justice Review

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The prosecution of intimate partner violence is thought to be infrequent, as is the rate at which those prosecutions result in a criminal conviction. The paucity of prosecutorial and court response to intimate partner violence is considered one of the inadequacies of the justice system, an indicator of society's inattentiveness to violence against women, and another reason to question the criminal justice system's ability to successfully address violence between intimate partners. Our review of 135 English language studies leads us to challenge the widely accepted notion that prosecution and conviction for this offense are infrequent. There is great variability in the reported rates of prosecution and conviction for intimate partner violence. These studies report that, on average, about one third of the reported offenses and more than three fifths of arrests result in the filing of charges; more than half of all prosecutions result in a criminal conviction.

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Toward a Jurisprudence of Family Violence

Cited by 9 publications

References 8 publications

The Social Control of Family Violence

The Social Control of Family Violence

Reasons for Reporting and Not Reporting Domestic Violence to the Police*

Prosecution and Conviction Rates for Intimate Partner Violence

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