Domestic violence and hate crimes: Acknowledging two levels of responsibility

Criminal Justice Ethics

Volumn 20, Issue 2, 2001, Pages 31-43

  Tracy, Isaacs ^a  

^a UNIVERSITY OF WESTERN ONTARIO   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 79959709095     PISSN: 0731129X     EISSN: 19375948     Source Type: Journal    
DOI: 10.1080/0731129X.2001.9992106     Document Type: Article

References (46)

1. Jeffrey L. Edelson and Richard M. Tolman, researchers in the field of therapeutic intervention for men who batter, make the assumption that negative attitudes toward women that are promoted culturally contribute to the prevalence of woman abuse,' INTERVENTIONS FOR MEN WHO BATTER: AN ECOLOGICAL APPROACH 40 (1992)
2. psychologist Mary Nomme Russell writes that [f]or abusive men, retaining dominanceand superiority were essential in their relationships with their intimate partners. Challenges to dominance by partners were viewed as insurrections requiring coercive action, CONFRONTING ABUSIVE BELIEFS: GROUP TREATMENT FOR ABUSIVE MEN 41 (1995). Diane Jeske brought to my attention important similarities between crimes of hate and crimes of domestic violence.
3. Mederos, Batterer Intervention Programs: The Past, and Future Prospects in COORDINATING COMMUNITY RESPONSES TO DOMESTIC VIOLENCE: LESSONS FROM DULUTH AND BEYOND 128 (M. Shepard & E. Pence ed. 1999).
4. E. Buzawa & C. Buzawa, DOMESTIC VIOLENCE: THE CRIMINAL JUSTICE RESPONSE 6, 154, 156-58 (1996).
5. Id. at 178-81.
6. R. A. Stordeur and R.G. Stille write: Our clinical experience with assaultive men suggests that many of them do have a set of stereotypic attitudes and beliefs related to what men are supposed to be like and how women should be subservient to men, and they document several studies that support their clinical experience, ENDING MEN'S VIOLENCE AGAINST THEIR PARTNERS: ONE ROAD TO PEACE 52 (1989).
7. J. EDLESON & R. TOLMAN, supra note 1, at 19-20. They observe that the overwhelming evidence... points to gender as a central force that cannot be ignored when examining the use of coercive power in American society and claim that ignoring long-standing historical and cultural biases that favor men may even act to enhance long-standing social biases against women,'
8. id., at 20.
9. Id. at 19.
10. R. STORDEUR & R. STILLE, supra note 5.
11. Mederos, supra note 2.
12. supra, notes 6 and 7.
13. An anonymous reader for this journal raised this objection.
14. I owe this point to Diane Jeske.
15. M. RUSSELL, supra note 1, at 9-10.
16. J. EDLESON & R. TOLMAN, supra note 1, at 16-17.
17. Id., at 17.
18. M. RUSSELL, supra note 1, at 21.
19. J. EDLESON & R. TOLMAN, supra note 1, at 86.
20. Edleson and Toman explain the nature of safety plans as follows: Because the goal of women's safety is foremost in working with men who batter, planning for safety takes place early in intervention and is often formalized into a contract, or agreement, to be nonviolent. These contracts include identification of cues and a plan for alternative action when the man recognizes these cues. In the earliest stages of intervention, the alternative behavior generally specified is time-out and an agreement to reach out to hot line or someone else who will be supportive. The plans include specification of the arousal-reduction techniques to be used during the time-out. As the group progresses, men refine these agreements throughout the intervention process, as they gain more insight into cues, develop more alternative skills, and expand their definitions of what constitutes abusive behavior.
21. J. EDLESON & R. TOLMAN, supra note 1, at 70.
22. Mederos, supra note 2, at 132.
23. Calhoun, Responsibility and Reproach, 99 ETHICS 405 (1994).
24. Dennis Klimchuk drew this point to my attention.
25. Without addressing batterers specifically, Michelle Moody- Adams makes the general point about the role of individual accountability in effecting change in Culture, Responsibility, and Affected Ignorance, 104 ETHICS 291-309 (1992).
26. J. EDLESON & R. TOLMAN, supra note 1, at 24.
27. Calhoun, supra note 20, at 394.
28. Isaacs, Cultural Context and Moral Responsibility, 107 ETHICS 678-80 (1997).
29. Id. at 679.
30. Calhoun, supra note 20.
31. E. BUZAWA & C. BUZAWA, supra note 3, at 173.
32. Id. at 172.
33. E. KLEIN, J. CAMPBELL, E. SOLER, & M. GHEZ, ENDING DOMESTIC VIOLENCE: CHANGING PUBLIC PERCEPTIONS/HEALING THE EPIDEMIC 88 (1997).
34. An anonymous reader for this journal raised this point.
35. I owe this point to an anonymous reader for this journal.
36. A. BURGESS, A CLOCKWORK ORANGE (1962).
37. In a questionnaire that asked prosecutors how they dealt with such cases, 93% of respondents indicated that offenders are not convicted of the prosecuted offense once they successfully complete the program. Only 7% stated that offenders successfully completing the program are convicted of lesser charges.'
38. Rebovich, Prosecution Response to Domestic Violence: Results of a Survey of Jurisdictions, in Do ARRESTS AND RESTRAINING ORDERS WORK? 185 (E. & C. Buzawa ed. 1996).
39. Edleson and Tolman write: Jails are often unhealthy environments and in many localities, there is very little space for holding criminals. Recognizing this, CIP (Community Intervention Project) staff often seek to have the man convicted of his [battering] crime and sentenced to jail time that is stayed as long as he enrolls in and completes a group treatment program, supra note 1, at 132.
40. Sherman & Berk, The Specific Deterrent Effects of Arrest for Domestic Assault, 49 AM. SOC. REV. 261-72 (1984).
41. F. DUNFORD, D. HUIZANGA, & D. ELLIOT, THE OMAHA DOMESTIC VIOLENCE POLICE EXPERIMENT: FINAL REPORT TO THE NATIONAL INSTITUTE OF JUSTICE AND THE CITY OF OMAHA (1989)
42. Sherman, Schmidt, Rogan, Smith, Gartin, Cohn, Collins, & Bachlich, The Variable Effects of Arrest on Crime Control: The Milwaukee Domestic Violence Experiment, 83 J. CRIM. LAW & CRIMINOLOGY 137-69 (1992)
43. J. HIRSCHEL, I. HUTCHINSON, C. DEAN, J. KELLEY, & C. PESACKIS, CHARLOTTESPOUSE ASSAULT REPLICATION PROJECT: FINAL REPORT (1991)
44. Berk, Campbell, Klap, & Western, Bayesian Analysis of the Colorado Springs Spouse Abuse Experiment, 83 J. CRIM. LAW & CRIMINOLOGY 170-200 (1992).
45. L. TIFFT, BATTERING OF WOMEN: THE FAILURE OF INTERVENTION AND THE CASE FOR PREVENTION 132 (1993).
46. An anonymous reader for this journal made this suggestion.