Karmen_CrimeVic_9e_TB_ch09

Prosecutors often discouraged filing charges in

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Prosecutors often discouraged filing charges in domestic violence cases due to the perception the victim would not proceed with the case. Now prosecutors are more aware of the reasons why victims don’t proceed—due to fear of retaliation, manipulation by the offender, and other forms of intimidation. Some jurisdictions have a no-drop approach where prosecutors can proceed without the victim, using 911 tapes, eyewitnesses, emergency room reports, and statements made by the abuser. Judges also had a tendency to side with the abuser, as most judges are male. Currently, judges have many options available to them to protect victims of domestic violence. In addition, there are more avenues for a victim’s voice to be heard in the process such as acceding to their wishes in terms of setting bail, to speed up cases by avoiding continuances, and issuing orders of protection. LO: 6│9 REF: p. 304-310 4. How similar or different are male and female victims of domestic violence? ANS: As with female victims of domestic violence, male victims were overlooked in the criminal justice process. Studies, beginning in the 1970’s, have indicated men experience violence in the household perpetrated by their female partner. The rate, frequency, and seriousness of male victims of domestic violence is a contentious subject as research is not in agreement. Some argue gender symmetry in the prevalence of domestic violence, other statistical analysis show a much higher rate of female victims than males. In addition, men and women respond differently to violence. Men are far less likely to report, are treated with mockery by police, and carry more stigma with their victimization due to the cultural belief that men are the head of household and therefore should have control over their wife. LO: 5-7 REF: p. 310-311 119
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Chapter 9: Victims of Violence by Lovers and Family Members 5. Explain the debate over victim provocation and murder in cases of intimate partner violence. ANS: It is currently unknown how many male homicides are a result of domestic violence. Victim blaming and victim defending arguments fuel a debate over conclusions regarding murder being an end result of battery. Definitions of self-defense were written by men with male concepts of how one reacts to violence. Self-defense requires imminent threat of violence and in the cases where a woman kills her abuser she often waits until a safe period to do so. This is in direct conflict with self-defense and therefore is not a justification or excuse for her crime. Victim- defenders argue the abuser was responsible for his own demise, instigating the crime. He left the woman with little choice to preserve her life but to take his. The victim was responsible for changing his behavior to reduce his risk of violence. Victim defenders will note females who are abused often do not have an avenue for escape for a wide variety of reasons and may not be protected by the criminal justice system despite repeated attempts to do so. LO: 3 REF: p. 311-316 120
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