Insult to injury: Rethinking our responses to intimate abuse

Insult to Injury: Rethinking our Responses to Intimate Abuse

Volumn , Issue , 2009, Pages

  Mills, Linda G ^a  

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References (316)

1. Mieko Yoshihama and Linda G. Mills, "When is the Personal Professional in Public Child Welfare Practice? The Influence of Intimate Partner and Child Abuse Histories on Workers in Domestic Violence Cases," Child Abuse and Neglect: The International Journal 27 (2003): 319-336.
2. Lonnie H. Athens, The Creation of Dangerous Violent Criminals (Urbana: University of Illinois Press, 1992), 46-56.
3. Murray A. Straus, Richard J. Gelles, and Suzanne K. Steinmetz, Behind Closed Doors: Violence in the American Family (Garden City, N.Y.: Anchor Press, 1980), 100.
4. See, for example, Susan Schechter, Women and Male Violence: The Visions and Struggles of the Battered Women's Movement (Boston: South End Press, 1982), 216-24.
5. See, for example, Sally L. Satel, "It's Always His Fault," Women's Quarterly Independent Women's Forum, summer 1997, at http://www.iwf.org/pubs/twq/su97a.shtml
6. Richard A. Berk, Alec Campbell, Ruth Klap, and Bruce Western, "A Bayesian Analysis of the Colorado Springs Spouse Abuse Experiment," Journal of Criminal Law and Criminology 83 (1992): 170-200.
7. Lawrence W. Sherman, Janell D. Schmidt, Dennis P. Rogan, Douglas A. Smith, Patrick R. Gartin, Ellen G. Cohn, Dean J. Collins, and Anthony R. Bacich, "The Variable Effects of Arrest on Criminal Careers: The Milwaukee Domestic Violence Experiment," Journal of Criminal Law and Criminology 83 (1992): 137-69.
8. Robert C. Davis, Barbara E. Smith, and Laura Nickles, "The Deterrent Effect of Prosecuting Domestic Violence Misdemeanors," Crime and Delinquency 44 (1998): 441.
9. Michael P. Johnson, "Patriarchal Terrorism and Common Couple Violence: Two Forms of Violence Against Women," Journal of Marriage and the Family 57 (1995): 283-94.
10. See Lewis Okun, "Termination or Resumption of Cohabitation in Woman Battering Relationships: A Statistical Study," in Coping with Family Violence: Research and Policy Perspectives, ed. Gerald T. Hotaling, David Finkelhor, John T. Kirkpatrick, and Murray A. Straus (Beverly Hills, Calif.: Sage, 1988); Sascha Griffing, Deborah F. Ragin, Robert E. Sage, Lorraine Madry, Lewis E. Bingham, and Beny J. Primm, "Domestic Violence Survivors' Self-Identified Reasons for Returning to Abusive Relationships," Journal of Interpersonal Violence 17 (2002): 306-19.
11. See A. Jay McKeel and Michael J. Sporakowski, "How Shelter Counselors' Views about Responsibility for Wife Abuse Relate to Services They Provide to Battered Women," Journal of Family Violence 8 (1993): 101-12.
12. Sherman, et al., "The Variable Effects of Arrest," 160.
13. For further discussion on why women stay, see research outlined in chapter 3, "Why Women Stay." For further discussion on the dynamic of intimate abuse, see chapter 5.
14. For further discussion of lesbian intimate violence, see chapter 4.
15. Murray A. Straus, "The Controversy over Domestic Violence by Women: A Methodological, Theoretical, and Sociology of Science Analysis," in Violence in Intimate Relationships, ed. Ximena B. Arriaga and Stuart Oskamp (Thousand Oaks, Calif.: Sage, 1999), 17-44.
16. For further discussion on research regarding women's aggression, see chapter 4. See chapter 5 for a discussion on the dynamic of intimate abuse.
17. Douglas K. Snyder and Nancy S. Scheer, "Predicting Disposition Following Brief Residence at a Shelter for Battered Women," American Journal of Community Psychology 9 (1981): 559-65.
18. Griffing et al., "Domestic Violence Survivors' Self-Identified Reasons," 313-16.
19. Einat Peled, Zvi Eisikovits, Guy Enosh, and Zeev Winstock, "Choice and Empowerment for Battered Women Who Stay: Toward a Constructivist Model," Social Work 45 (2000): 9-25.
20. Lawrence W. Sherman and Richard A. Berk, "The Minneapolis Domestic Violence Experiment," Police Foundation Reports, April 1984, 67.
21. Raymond Paternoster, Robert Brame, Ronet Bachman, and Lawrence W. Sherman, "Do Fair Procedures Matter? The Effect of Procedural Justice on Spouse Assault," Law and Society Review 31 (1997): 163-204.
22. For a brief review of studies on such negative effects, see Anne Atkins, "Why Abortion Is Bad for Your Mental Health," Daily Telegraph, July 3, 2002, 23.
23. Sue Clough, "Snooker Star Cleared of Rape 'Is Real Victim,' " Daily Telegraph, July 3, 2002, 3.
24. Alan Travis, "Clinic for Child Abusers Forced to Close," Guardian, July 5, 2002, 9.
25. Fran H. Norris, "50,000 Disaster Victims Speak: An Empirical Review of Empirical Literature, 1981-2001, Executive Summary" (Washington, D.C.: National Center for PTSD, Center for Mental Health Services, 2001), 11-12.
26. Judith Herman, Trauma and Recovery: The Aftermath of Violenc-From Domestic Abuse to Political Terror (New York: Basic Books, 1997), 159-60.
27. Susan J. Brison, Aftermath: Violence and the Remaking of a Self (Princeton, N.J.: Princeton University Press, 2002), 39-40.
28. Norris, "50,000 Disaster Victims Speak," 7.
29. I have changed the child's name to protect the family's identity.
30. Herman, Trauma and Recovery, 175-95.
31. Monte Morin, "Jim Brown's Wife Testifies That She Lied about Abuse," Los Angeles Times, September 2, 1999, B1.
32. Monte Morin, "Jury to Begin Weighing Jim Brown Threat Case," Los Angeles Times, September 9, 1999, B3.
33. Donald J. Rebovich, "Prosecution Response to Domestic Violence: Results of a Survey of Large Jurisdictions," in Do Arrests and Restraining Orders Work? ed. Eve S. Buzawa and Carl G. Buzawa (Thousand Oaks, Calif.: Sage, 1996), 176-91.
34. Nancy Kathleen Sugg and Thomas Inui, "Primary Care Physicians' Response to Domestic Violence: Opening Pandora's Box," Journal of the American Medical Association 267 (1992): 3157-60.
35. For an elaboration of this point, see Linda G. Mills, "Killing Her Softly: Intimate Abuse and the Violence of State Intervention," Harvard Law Review 113 (1999): 550-613.
36. Monte Morin, "Brown Guilty of Vandalism, but Is Cleared of Threats," Los Angeles Times, September 11, 1999, B1.
37. Morin, "Jim Brown's Wife Testifies."
38. For one of the early examples of this line of reasoning, see Susan Schechter, Women and Male Violence: The Visions and Struggles of the Battered Women's Movement (Boston: South End Press, 1982), 216-24.
39. Phyllis Goldfarb, "Describing without Circumscribing: Questioning the Construction of Gender in the Discourse of Intimate Violence," George Washington Law Review 64 (1996): 582-631.
40. See, for example, work contained in Of Mice and Women: Aspects of Female Aggression, ed. Kaj Björkqvist and Pirkko Niemelä (New York: Academic Press, 1992).
41. L. Kevin Hamberger and Theresa Potente, "Counseling Heterosexual Women Arrested for Domestic Violence: Implications for Theory and Practice," Violence and Victims 9 (1994): 127.
42. See discussion of the following study in chapter 4: Felicity A. Goodyear-Smith and Tannis M. Laidlaw, "Aggressive Acts and Assaults in Intimate Relationships: Toward an Understanding of the Literature," Behavioral Sciences and the Law 17 (1999): 290-91.
43. R. Emerson Dobash and Russell P. Dobash, "Violent Men and Violent Contexts," in Rethinking Violence against Women, ed. R. Emerson Dobash and Russell P. Dobash (Thousand Oaks, Calif.: Sage, 1998), 141-68.
44. Murray A. Straus, Richard J. Gelles, and Suzanne K. Steinmetz, Behind Closed Doors: Violence in the American Family (Garden City, N.Y.: Anchor Press, 1980), 100.
45. Donald G. Dutton, The Domestic Assault of Women: Psychological and Criminal Justice Perspectives (Vancouver: University of British Columbia Press, 1995), 66.
46. Martha Mahoney, "Legal Images of Battered Women: Redefining the Issue of Separation," Michigan Law Review 90 (1991): 61-63.
47. See discussion of the following study in chapter 2: Lawrence W. Sherman, Janell D. Schmidt, Dennis P. Rogan, Douglas A. Smith, Patrick R. Gartin, Ellen G. Cohn, Dean J. Collins, and Anthony R. Bacich, "The Variable Effects of Arrest on Criminal Careers: The Milwaukee Domestic Violence Experiment," Journal of Criminal Law and Criminology 83 (1992): 160.
48. Anannya Bhattacharjee, "Whose Safety? Women of Color and the Violence of Law Enforcement," Justice Visions working paper (Philadelphia: American Friends Service Committee, 2001), 26.
49. Bernadette Dunn Sewell, Note, "History of Abuse: Societal, Judicial, and Legislative Responses to the Problem of Wife Beating," Suffolk University Law Review 23 (1989): 994-96.
50. Sylvia I. Mignon and William M. Holmes, "Police Response to Mandatory Arrest Laws," Crime and Delinquency 41 (1995): 434-35.
51. Patt Morrison, "In Foundation, a First Act Tragedy and Second Act Farce," Los Angeles Times, November 5, 1999, B1.
52. For a history of these policies, see Jeffrey Fagan, "The Criminalization of Domestic Violence: Promises and Limits," Department of Justice, National Institute of Justice Research Report (Washington, D.C. 1996): 6-10; Alisa Smith, "Domestic Violence Laws: The Voices of Battered Women," Violence and Victims 16 (2001): 91-92.
53. See, for example, Evan Stark, "Mandatory Arrest of Batterers: A Reply to Its Critics," in Do Arrests and Restraining Orders Work? ed. Eve S. Buzawa and Carl G. Buzawa (Thousand Oaks, Calif.: Sage, 1996), 127-28.
54. Studies have shown that police make fewer arrests in domestic assaults than in stranger assaults. See Eve S. Buzawa, Thomas L. Austin, and Carl G. Buzawa, "Responding to Crimes of Violence against Women: Gender Differences versus Organizational Imperatives," Crime and Delinquency 41 (1995): 460.
55. In terms of child abuse and medical reporting, class and race have been shown to affect the rates at which these professionals report. See Robert L. Hampton and Eli H. Newberger, "Child Abuse Incidence and Reporting by Hospitals: Significance of Severity, Class, and Race," in Coping with Family Violence: Research and Policy Perspec-tives, ed. Gerald T. Hotaling, David Finkelhor, John T. Kirkpatrick, and Murray A. Straus (Thousand Oaks, Calif.: Sage, 1988), 212-21. Machaela Hoctor argues that the potential discrimination associated with a mandatory arrest scheme can be overcome with proper training. Machaela M. Hoctor, "Domestic Violence as a Crime against the State: The Need for Mandatory Arrest in California," California Law Review 85 (1997): 701-47.
56. Joan Zorza and Laurie Woods, "Mandatory Arrest: Problems and Possibilities," National Battered Women's Law Project, National Center on Women and Family Law, (1994).
57. See Cheryl Hanna, "No Right to Choose: Mandated Victim Participation in Domestic Violence Prosecutions," Harvard Law Review 109 (1996): 1877-78, 1886; Hoctor, "Domestic Violence as a Crime against the State," 653-55.
58. See, generally, Linda G. Mills, "Killing Her Softly: Intimate Abuse and the Violence of State Intervention," Harvard Law Review 113 (1999): 550-613.
59. See essays contained in Feminist Legal Theory: An Anti-essentialist Reader, ed. Nancy E. Dowd and Michelle S. Jacobs (New York: New York University Press, 2003).
60. Lawrence W. Sherman and Richard A. Berk, "The Specific Deterrent Effects of Arrest for Domestic Assault," American Sociological Review 49 (1984): 261-72.
61. "Attorney General's Task Force on Family Violence, Final Report," Office of the Attorney General, Department of Justice (Washington, D.C., 1984), 22-25.
62. Arnold Binder and James W. Meeker, "Experiments as Reforms," Journal of Criminal Justice 16 (1988): 348.
63. Sorichetti v. City of New York, 482 N.E. 2d 70 (N.Y. 1985).
64. Thurman v. City of Torrington, 595 F.Supp. 1521 (D. Conn. 1984). For a detailed description of the case, see Eve S. Buzawa and Carl G. Buzawa, Domestic Violence: The Criminal Justice Response (Westport, Conn.: Auburn House, 1992), 102-3.
65. Public Health and Welfare Justice System Improvement Act, 42 UCS §3796hh, 1994.
66. For a chart outlining policies in various jurisdictions, see Bonnie Brandl and Tess Meuer, "Domestic Abuse in Later Life," Elder Law Journal 8 (2000): 323-35.
67. Stark, "Mandatory Arrest of Batterers."
68. Sherman et al., "The Variable Effects of Arrest on Criminal Careers."
69. Callie Marie Rennison and Sarah Welchans, "Intimate Partner Violence," Bureau of Justsice Statistics Special Report, Department of Justice (Washington, D.C., 2000).
70. Smith, "Domestic Violence Laws," 11, 102.
71. Kimberlé Crenshaw, "Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color," Stanford Law Review 43 (1991): 1257.
72. Franklyn W. Dunford, "The Measurement of Recidivism in Cases of Spousal Assault," Journal of Criminal Law and Criminology 83 (1992): 122-23.
73. Hirschel and Hutchison, "Female Spouse Abuse and the Police Response."
74. Berk et al., "A Bayesian Analysis," 198.
75. Pate and Hamilton, "Formal and Informal Deterrents to Domestic Violence," 691.
76. Berk et al., "A Bayesian Analysis," 198.
77. Sherman et al., "The Variable Effects of Arrest on Criminal Careers."
78. Lawrence W. Sherman, Janell D. Schmidt, and Dennis P. Rogan, Policing Domestic Violence: Experiments and Dilemmas (New York: Free Press, 1992), 256-57.
79. See David A. Ford and Mary Jean Regoli, "The Preventive Impacts of Policies for Prosecuting Wife Batterers," in Domestic Violence: The Changing Criminal Justice Response, ed. Eve S. Buzawa and Carl G. Buzawa (Westport, Conn.: Auburn House, 1992),181, 182-83.
80. Donald J. Rebovich, "Prosecution Response to Domestic Violence: Results of a Survey of Large Jurisdictions," in Do Arrests and Restraining Orders Work? ed. Eve S. Buzawa and Carl G. Buzawa (Thousand Oaks, Calif.: Sage, 1996): 176-91.
81. Casey G. Gwinn and Anne O'Dell, "Stopping the Violence: The Role of the Police Officer and the Prosecutor," Western State University Law Review 20 (1993): 1506.
82. Rebovich, "Prosecution Response to Domestic Violence," 182-83.
83. Sarah Kershaw, "Digital Photos Give the Police a New Edge in Abuse Cases," New York Times, September 3, 2002, A1.
84. See David A. Ford and Mary Jean Regoli, "The Criminal Prosecution of Wife Assaulters: Process, Problems, and Effects," in Legal Responses to Wife Assault: Current Trends and Evaluation, ed. N. Zoe Hilton (Newbury Park, Calif.: Sage, 1993), 157-58.
85. Lawrence W. Sherman and Richard A. Berk, "The Minneapolis Domestic Violence Experiment," Police Foundation Reports, April 1984, 6-7.
86. Eve S. Buzawa, Thomas L. Austin, James Bannon, and James Jackson, "Role of Victim Preference in Determining Police Response to Victims of Domestic Violence," in Domestic Violence: The Changing Criminal Justice Response, ed. Eve S. Buzawa and Carl G. Buzawa (Wesport, Conn.: Auburn House, 1992), 262, 265.
87. Robert C. Davis, Barbara E. Smith, and Laura B. Nickles, "The Deterrent Effect of Prosecuting Domestic Violence Misdemeanors," Crime and Delinquency 44 (1998): 441.
88. Judith McFarlane, Pam Willson, Dorothy Lemmey, and Ann Malecha, "Women Filing Assault Charges on an Intimate Partner: Criminal Justice Outcome and Future Violence Experienced," Violence Against Women 6 (2000): 404.
89. Linda G. Mills, The Heart of Intimate Abuse: New Interventions in Child Welfare, Criminal Justice and Healthcare Settings (New York: Springer, 1998), 86-87.
90. Martha L. Coulter and Ronald A. Chez, "Domestic Violence Victims Support Mandatory Reporting: For Others," Journal of Family Violence 12 (1997): 354-55.
91. Alisa Smith, "It's My Decision Isn't It?" Violence Against Women 6 (2000): 1395, 1398.
92. Winifred Yu, "Doctors Urged to Be on Lookout for Victims of Domestic Violence," Albany (N.Y.) Times Union, March 5, 1997, B5.
93. Evan Stark and Anne Flitcraft, "Violence among Intimates: An Epidemiological Review," in Handbook of Family Violence, ed. Vincent Van Hasselt, Randall Morrison, Alan Bellack, and Michel Herson (New York: Plenum Press, 1988), 302.
94. Elaine H. Carmen, Patricia P. Reiker, and Trudy Mills, "Victims of Violence and Psychiatric Illness," American Journal of Psychiatry 141 (1984): 378-83.
95. Stark and Flitcraft, "Violence among Intimates," 304.
96. Murray A. Straus and Christine Smith, "Family Patterns and Primary Prevention of Family Violence," in Physical Violence in American Families: Risk Factors and Adaptations to Violence in 8,145 Families, ed. Murray A. Straus and Richard J. Gelles (New Brunswick, N.J.: Transaction, 1995), 510.
97. Ola W. Barnett and Ronald W. Fagan, "Alcohol Use in Male Spouse Abusers and Their Female Partners," Journal of Family Violence 8 (1993): 19.
98. Stark and Flitcraft, "Violence among Intimates," 301.
99. Michael R. Rand, "Violence-Related Injuries Treated in Hospital Emergency Departments," Department of Justice Statistics (Washington, D.C. 1997).
100. Commonwealth Fund, Commission on Women's Health, "First Comprehensive National Health Survey of American Women Finds Them at Significant Risk," press release, Washington, D.C., July 14, 1993.
101. Laura E. Lund, "What Happens When Health Practitioners Report Domestic Violence Injuries to the Police? A Study of the Law Enforcement Response to Injury Reports," Violence and Victims 14 (1999): 210.
102. Judith McFarlane, Barbara Parker, and Karen Soeken, "Abuse during Pregnancy: Frequency, Severity, Perpetrator, and Risk Factors of Homicide," Public Health Nursing 12 (1995): 284-89.
103. Linda R. Chambliss, R. Curtis Bay, and Richard F. Jones III, "Domestic Violence: An Educational Imperative?," American Journal of Obstetrics and Gynecology 172 (1995): 1035-38.
104. Nancy Kathleen Sugg and Thomas Inui, "Primary Care Physicians' Response to Domestic Violence: Opening Pandora's Box," Journal of the American Medical Association 267 (1992): 3157-60.
105. See, for example, Ariella Hyman, Dean Schillinger, and Bernard Lo, "Laws Mandating Reporting of Domestic Violence: Do They Promote Patient Well-Being?" Journal of the American Medical Association 273 (1995): 1781-87.
106. See essays contained in Dowd and Jacobs, Feminist Legal Theory.
107. Donna Wills, "Domestic Violence: The Case for Aggressive Prosecution," UCLA Women's Law Journal 7 (1997): 173-82.
108. Gwinn and O'Dell, "Stopping the Violence."
109. Yael Danieli, "Confronting the Unimaginable: Psychotherapists' Reactions to Victims of the Nazi Holocaust," in Human Adaptation to Extreme Stress: From the Holocaust to Vietnam, ed. John P. Wilson, Zev Harel, and Boaz Kahana (New York: Plenum Press, 1988), 221.
110. Robert Spagnoletti, remarks at the First Annual Gender, Sexuality, and the Law Symposium (Washington, D.C., Georgetown University Law Center on Violence and State Accountability Conference, February 20-21, 1998), 4, 5.
111. Rebovich, "Prosecution Response to Domestic Violence."
112. Sandra L. Bloom, "The Germ Theory of Trauma: The Impossibility of Ethical Neutrality," in Secondary Traumatic Stress: Self-Care Issues for Clinicians, Researchers, and Educators, ed. B. Hudnall Stamm (Lutherville, Md.: Sidran Press, 1999), 257-76.
113. John M. Dorsey, "Forensic Psychiatry of Schizophrenia in Survivors," in Massive Psychic Trauma, ed. Henry Krystal (New York: International Universities Press, 1968), 142.
114. Emanuel Tanay, "Initiation of Psychotherapy with Survivors of Nazi Persecution," in Massive Psychic Trauma, ed. Henry Krystal (New York: International Universities Press, 1968), 225.
115. Judith Herman, Trauma and Recovery (New York: Basic Books, 1997), 139.
116. Tanay, "Initiation of Psychotherapy," 225.
117. See Carl G. Jung, The Practice of Psychotherapy: Essays on the Psychology of the Transference and other Subjects, 2d ed., tran. R. F. C. Hull, ed. Herbert Read, Michael Fordham, and Gerhard Adler (New York: Pantheon, 1966), 164-67.
118. Yael Danieli, "Confronting the Unimaginable: Psychotherapists' Reactions to Victims of the Nazi Holocaust," in Human Adaptation to Extreme Stress: From the Holocaust to Vietnam, ed. John P. Wilson, Zev Harel, and Boaz Kahana (New York: Plenum Press, 1988), 219-21, 226-29.
119. John M. Dorsey, "Forensic Psychiatry of Schizophrenia in Survivors," in Massive Psychic Trauma, ed. Henry Krystal (New York: International Universities Press, 1968), 142.
120. Danieli, "Confronting the Unimaginable," 226.
121. Some researchers have characterized this rage as the stress associated with treating a trauma victim. See Tanay, "Initiation of Psychotherapy," 224.
122. Danieli, "Confronting the Unimaginable," 229.
123. See, for example, Ola W. Barnett and Alyce D. LaViolette, It Could Happen to Anyone: Why Battered Women Stay (Newbury Park, Calif.: Sage, 1993), 93-116.
124. Lenore E. Walker, The Battered Woman (New York: Harper and Row, 1979), 42-54.
125. Lenore E. Walker, The Battered Woman Syndrome (New York: Springer, 1984), 126-38.
126. Herman, Trauma and Recovery, 1-4.
127. Donald G. Dutton, The Domestic Assault of Women: Psychological and Criminal Justice Perspectives (Vancouver: University of British Columbia Press, 1995), 190.
128. Lewis Okun, "Termination or Resumption of Cohabitation in Woman Battering Relationships: A Statistical Study," in Coping with Family Violence: Research and Policy Perspectives, ed. Gerald T. Hotaling, David Finkelhor, John T. Kirkpatrick, and Murray A. Straus (Beverly Hills, Calif.: Sage, 1988), 112-13.
129. Douglas K. Snyder and Nancy S. Scheer, "Predicting Disposition Following Brief Residence at a Shelter for Battered Women," American Journal of Community Psychology 9 (1981): 559-65.
130. For an illustration of such an argument, see Carol Gilligan, In a Different Voice: Psychological Theory and Women's Development (Cambridge, Mass.: Harvard University Press, 1982), 39-45. See also, Sascha Griffing, Deborah F. Ragin, Robert E. Sage, Lorraine Madry, Lewis E. Bingham, and Beny J. Primm, "Domestic Violence Survivors' Self-Identified Reasons for Returning to Abusive Relationships," Journal of Interpersonal Violence 17 (2002): 306-19.
131. Zvi Eisikovits, and Eli Buchbinder, Locked in a Violent Embrace: Understanding and Intervening in Domestic Violence (Thousand Oaks, Calif.: Sage, 2000), 29-42.
132. Jody Brown, "Working toward Freedom from Violence: The Process of Change in Battered Women," Violence Against Women 3 (1997): 5-26.
133. Linda G. Mills, The Heart of Intimate Abuse: New Interventions in Child Welfare: Criminal Justice and Health Care Settings (New York: Springer, 1998), 36-37.
134. See, for example, Shamita das Dasgupta and Sujata Warrier, "In the Footsteps of 'Arundhati': Asian Indian Women's Experience of Domestic Violence in the United States," Violence Against Women 2 (1996): 252. See also Beverly Horsburgh, "Lifting the Veil of Secrecy: Domestic Violence in the Jewish Community," Harvard Women's Law Journal 18 (1995): 171-217.
135. Leti Volpp, "Feminism versus Multiculturalism," Columbia Law Review 101 (2001): 1181-1218.
136. See, for example, Mieko Yoshihama, "Reinterpreting Strength and Safety in a Socio-Cultural Context: Dynamics of Domestic Violence and Experiences of Women of Japanese Descent," Children and Youth Services Review 22 (2000): 207-9.
137. Volpp, "Feminism versus Multiculturalism;" Virginia Goldner, "Morality and Multiplicity: Perspectives on the Treatment of Violence in Intimate Life," Journal of Marital and Family Therapy 25 (1999): 325-36; Kimberlé Crenshaw, "Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color," Stanford Law Review 43 (1991): 1241-99.
138. Horsburgh, "Lifting the Veil of Secrecy."
139. "Revolutions within Communities: Issues in Representing Immigrant Victims," Fordham Urban Law Journal 29 (2001): 70-119.
140. Gwat-yong Lie, Rebecca Schilit, Judy Bush, Marilyn Montagne, and Lynn Reyes, "Lesbians in Currently Aggressive Relationships: How Frequently Do They Report Aggressive Past Relationships?" Violence and Victims 6 (1991): 121-35.
141. For example, see Donna Wills, "Domestic Violence: The Case for Aggressive Prosecution," UCLA Women's Law Journal 7 (1997): 173-82.
142. See Crenshaw, "Mapping the Margins"; Jane Flax, Thinking Fragments: Psychoanalysis, Feminism and Postmodernism in the Contemporary West (Berkeley and Los Angeles: University of California Press, 1990).
143. See Kathleen Neal Cleaver, "Racism, Civil Rights, and Feminism," and Angela P. Harris, "Race and Essentialism in Feminist Legal Theory," both in Critical Race Feminism, ed. Adrien K. Wing (New York: New York University Press, 1997), 11-18, 35-43.
144. I argue this point in my earlier work. See, for example, Linda G. Mills, "Feminist Phallacies: The Politics of Prenatal Drug Exposure and the Power of Law," Law and Social Inquiry 25 (2000): 1215-26.
145. Vikki Bell, Interrogating Incest: Feminism, Foucault and the Law (London: Routledge, 1993).
146. Mills, "Feminist Phallacies."
147. Michel Foucault, The History of Sexuality: An Introduction, Volume One (New York: Vintage Books, 1990), 99.
148. Melanie L. O'Neill and Patricia K. Kerig, "Attributions of Self-Blame and Perceived Control as Moderators of Adjustment in Battered Women," Journal of Interpersonal Violence 15 (2000): 1037.
149. Tracy Bennett Herbert, Roxane Cohen Silver, and John H. Ellard, "Coping with an Abusive Relationship: How and Why Do Women Stay?" Journal of Marriage and the Family 53 (1991): 311-25.
150. See John Johnson, "A New Side to Domestic Violence: Arrests of Women Have Risen Sharply since Passage of Tougher Laws," Los Angeles Times, April 27, 1996, A1.
151. See, for example, Marion Wanless, "Mandatory Arrest: A Step toward Eradicating Domestic Violence, But Is It Enough?" University of Illinois Law Review (1996): 533-86.
152. Kaj Björkqvist and Pirkko Niemelä, "New Trends in the Study of Female Aggression," in Of Mice and Women: Aspects of Female Aggression, ed. Kaj Björkqvist and Pirkko Niemelä (New York: Academic Press, 1992), 4.
153. Arnold H. Buss, The Psychology of Aggression (New York: Wiley, 1961), 1-16;
154. Seymour Feshbach, "The Function of Aggression and the Regulation of Aggressive Drive," Psychological Review, 71 (1964): 257-72; Björkqvist and Niemelä, "New Trends," 4.
155. For this emerging theme, see Linda G. Mills, "Killing Her Softly: Intimate Abuse and the Violence of State Intervention," Harvard Law Review 113 (1999): 550-613.
156. Lynn Magdol, Terrie E. Moffitt, Avshalom Caspi, Denise L. Newman, Jeffrey Fagan, and Phil A. Silva, "Gender Differences in Partner Violence in a Birth Cohort of 21-Year-Olds: Bridging the Gap between Clinical and Epidemiological Approaches," Journal of Consulting and Clinical Psychology 65 (1997): 68-78.
157. John Langley, Judy Martin, and Shyamala Nada-Raja, "Physical Assault among 21-Year Olds by Partners," Journal of Interpersonal Violence 12 (1997): 675-84.
158. Murray A. Straus and Richard J. Gelles, "Societal Change and Change in Family Violence from 1975 to 1985 as Revealed by Two National Surveys," Journal of Marriage and the Family 48 (1986): 470-71.
159. Robert E. Billingham and Alan R. Sack, "Conflict Tactics and the Level of Emotional Commitment among Unmarrieds," Human Relations 40 (1987): 69.
160. Murray A. Straus, "The Controversy over Domestic Violence by Women: A Methodological, Theoretical, and Sociology of Science Analysis," in Violence in Intimate Relationships, ed. Ximena B. Arriaga and Stuart Oskamp (Thousand Oaks, Calif.: Sage, 1999), 19.
161. Jacquelyn W. White and Mary P. Koss, "Courtship Violence: Incidence in a National Sample of Higher Education Students," Violence and Victims 6 (1991): 247-56.
162. David R. Jezl, Christian E. Molidor, and Tracy L. Wright, "Physical, Sexual and Psychological Abuse in High School Dating Relationships: Prevalence Rates and Self-Esteem Issues," Child and Adolescent Social Work Journal 13 (1996): 69-87.
163. Robert L. Bowman and Holly M. Morgan, "A Comparison of Rates of Verbal and Physical Abuse on Campus by Gender and Sexual Orientation," College Student Journal 32 (1998): 43-52.
164. Lettie L. Lockhart, Barbara W. White, Vicki Causby, and Alicia Isaac, "Letting Out the Secret: Violence in Lesbian Relationships," Journal of Interpersonal Violence 9 (1994): 469-92.
165. Gwat-yong Lie and Sabrina Gentlewarrier, "Intimate Violence in Lesbian Relationships: Discussion of Survey Findings and Practice Implications," Journal of Social Service Research 15 (1991): 41-59.
166. Ronald P. Rohner, "Sex Differences in Aggression: Phylogenetic and Enculturation Perspectives," Ethos 4 (1976): 57-72.
167. Victoria K. Burbank, "Female Aggression in Cross-Cultural Perspective," Behavior Science Research 21 (1987): 70-100.
168. Alan W. Leschied, Anne L. Cummings, Michelle Van Brunschot, Alison Cunningham, and Angela Saunders, "Aggression in Adolescent Girls: Implications for Policy, Prevention, and Treatment," Canadian Psychology 42 (2001), 200-215;
169. H. B. Kimberly Cook, "Matrifocality and Female Aggression in Margariteño Society," and Douglas P. Fry, "Female Aggression among the Zapotec of Oaxaca, Mexico," all in Of Mice and Women: Aspects of Female Aggression, ed. Kaj Björkqvist and Pirkko Niemelä (New York: Academic Press, 1992), 99-106, 144-62, 187-99.
170. Kaj Björkqvist, Kirsti M. J. Lagerspetz, and Ari Kaukiainen, "Do Girls Manipulate and Boys Fight? Developmental Trends in Regard to Direct and Indirect Aggression," Aggressive Behavior 18 (1992): 117-27.
171. See Adam Fraczek, "Patterns of Aggressive-Hostile Behavior Orientation among Adolescent Boys and Girls," in Of Mice and Women: Aspects of Female Aggression, ed. Kaj Björkqvist and Pirkko Niemelä (New York: Academic Press, 1992): 107-12.
172. Björkqvist, Lagerspetz, and Kaukiainen, "Do Girls Manipulate and Boys Fight?"
173. Kaj Björkqvist, "Sex Differences in Physical, Verbal, and Indirect Aggression: A Review of Recent Research," Sex Roles 30 (1994): 185.
174. Björkqvist, Lagerspetz, and Kaukiainen, "Do Girls Manipulate and Boys Fight?" 126.
175. Helen Smith and Sandra P. Thomas, "Violent and Nonviolent Girls: Contrasting Perceptions of Anger Experiences, School, and Relationships," Issues in Mental Health Nursing 21 (2000): 562.
176. Rolf Kuschel, "'Women Are Women and Men are Men': How Bellonese Women Get Even," in Of Mice and Women: Aspects of Female Aggression, ed. Kaj Björkqvist and Pirkko Niemelä (New York: Academic Press, 1992), 183.
177. Burbank, "Female Aggression."
178. Charlene L. Muehlenhard and Stephen W. Cook, "Men's Self-Reports of Unwanted Sexual Activity," Journal of Sex Research 24 (1988): 58-72.
179. Phyllis Ellickson, Hilary Saner, and Kimberly A. McGuigan, "Profiles of Violent Youth: Substance Use and Other Concurrent Problems," American Journal of Public Health 87 (1997): 985-91.
180. "Crime in the United States 2001," Uniform Crime Reports, Federal Bureau of Investigation, Department of Justice (Washington, D.C., 2002).
181. Richard J. Gelles, Intimate Violence in Families, 3d ed. (Thousand Oaks, Calif.: Sage, 1997), 59.
182. Barbara A. Wauchope and Murray A. Straus, "Physical Punishment and Physical Abuse of American Children: Incidence Rates by Age, Gender and Occupational Class," in Physical Violence in American Families: Risk Factors and Adaptations to Violence in 8,145 Families, ed. Murray A. Straus and Richard J. Gelles (New Brunswick, N.J.: Transaction, 1995), 135.
183. James A. Fox and Marianne W. Zawitz, "Homicide Trends in the United States," Bureau of Justice Statistics Special Report, Department of Justice (Washington, D.C., November 2002).
184. Donald G. Dutton, The Domestic Assault of Women: Psychological and Criminal Justice Perspectives (Vancouver: University of British Columbia Press, 1995), 119.
185. L. Kevin Hamberger and Theresa Potente, "Counseling Heterosexual Women Arrested for Domestic Violence: Implications for Theory and Practice," Violence and Victims 9 (1994): 129.
186. Christopher M. Murphy and K. Daniel O'Leary, "Psychological Aggression Predicts Physical Aggression in Early Marriage," Journal of Consulting and Clinical Psychology 57 (1989): 582.
187. Hamberger and Potente, "Counseling Heterosexual Women."
188. Amy Holtzworth-Munroe, Jeffrey C. Meehan, Katherine Herron, and Gregory L. Stuart, "A Typology of Male Batterers: An Initial Examination," in Violence in Intimate Relationships, ed. Ximena B. Arriaga and Stuart Oskamp (Thousand Oaks, Calif.: Sage, 1999), 47-52.
189. Jan E. Stets and Murray A. Straus, "The Marriage License as a Hitting License: A Comparison of Assaults in Dating, Cohabitating, and Married Couples," in Physical Violence in American Families: Risk Factors and Adaptations to Violence in 8,145 Families, ed. Murray A. Straus and Richard J. Gelles (New Brunswick, N.J.: Transaction, 1995), 233-35.
190. Jan E. Stets and Murray A. Straus, "Gender Differences in Reporting Marital Violence and its Medical and Psychological Consequences," in Physical Violence in American Families: Risk Factors and Adaptations to Violence in 8,145 Families, ed. Murray A. Straus and Richard J. Gelles (New Brunswick, N.J.: Transaction, 1995), 157.
191. Richard A. Berk, Sarah F. Berk, Donileen R. Loseke, and David Rauma, "Mutual Combat and Other Family Violence Myths," in The Dark Side of Families: Current Family Violence Research, ed. David Finkelhor, Richard J. Gelles, Gerald T. Hotaling, and Murray A. Straus (Beverly Hills, Calif.: Sage, 1983), 199.
192. See Lisa D. Brush, "Violent Acts and Injurious Outcomes in Married Couples: Methodological Issues in the National Survey of Families and Households," Gender and Society 4 (1990): 56-67;
193. Barbara J. Morse, "Beyond the Conflict Tactics Scale: Assessing Gender Differences in Partner Violence," Violence and Victims 10 (1995): 251-72.
194. Felicity A. Goodyear-Smith and Tannis M. Laidlaw, "Aggressive Acts and Assaults in Intimate Relationships: Towards an Understanding of the Literature," Behavioral Sciences and the Law 17 (1999): 290-91.
195. See Diane R. Follingstad, Larry L. Rutledge, Barbara J. Berg, Elizabeth S. Hause, and Darlene S. Polek, "The Role of Emotional Abuse in Physically Abusive Relationships," Journal of Family Violence 5 (1990): 108.
196. Murphy and O'Leary, "Psychological Aggression Predicts Physical Aggression in Early Marriage."
197. Follingstad et al., "The Role of Emotional Abuse in Physically Abusive Relationships," 116.
198. See material as discussed in Elizabeth Schneider, Battered Women and Feminist Lawmaking (New Haven, Conn.: Yale University Press, 2000), 66, n. 26.
199. Patricia Pearson, When She Was Bad: How Women Get Away with Murder (London: Virago Press, 1998), 17-21.
200. Schneider, Battered Women and Feminist Lawmaking, 66-67.
201. See Ann Russo, "Lesbians Organizing Lesbians against Battering," in Same-Sex Domestic Violence: Strategies for Change, ed. Beth Leventhal and Sandra E. Lundy (Thousand Oaks, Calif.: Sage, 1999), 83-96.
202. Jean LaPlanche and J.-B. Pontalis, The Language of Psychoanalysis, trans. Donald Nicholson-Smith (New York: Norton, 1973), 349-56.
203. Mieko Yoshihama and Linda G. Mills, "When is the Personal Professional in Public Child Welfare Practice? The Influence of Intimate Partner and Child Abuse Histories on Workers in Domestic Violence Cases," Child Abuse and Neglect: The International Journal 27 (2003): 319-336.
204. Linda G. Mills, A Penchant for Prejudice: Unraveling Bias in Judicial Decisionmaking (Ann Arbor: University of Michigan Press, 1999).
205. Murray A. Straus and Richard J. Gelles, "How Violent Are American Families? Estimates from the National Family Violence Resurvey and Other Studies," and Murray A. Straus, "Ordinary Violence, Child Abuse, and Wife Beating: What Do They Have in Common?" both in Physical Violence in American Families: Risk Factors and Adaptations to Violence in 8,145 Families, ed. Murray A. Straus and Richard J. Gelles (New Brunswick, N.J.: Transaction, 1995), 105-6, 407, 410.
206. David Finkelhor, and Jennifer Dziuba-Leatherman, "Victimization of Children," American Psychologist 49 (1994): 175.
207. For an excellent discussion of these issues, see Lonnie H. Athens, "Violentization in Larger Social Context," in Violent Acts and Violentization: Assessing, Applying, and Developing Lonnie Athens' Theories, ed. Lonnie H. Athens and Jeffrey T. Ulmer (New York: Elsevier Science Ltd., 2003), 1-7.
208. Sarnoff A. Mednick, Vicki E. Pollock, Jan Volavka, and William F. Gabrielli Jr., "Biology and Violence," in Criminal Violence, ed. Marvin E. Wolfgang and Neil Alan Weiner (Beverly Hills, Calif.: Sage, 1982), 21-80.
209. Dorothy Otnow Lewis, Guilty by Reason of Insanity (New York: Random House, 1998), 117-20.
210. Lonnie Athens subscribes to a holistic approach, with a focus on environmental influences. See Athens, "Violentization in Larger Social Context."
211. David Finkelhor, and Jennifer Dziuba-Leatherman, "Victimization of Children," American Psychologist 49 (1994): 173-83.
212. Murray A. Straus, Richard J. Gelles, and Suzanne K. Steinmetz, Behind Closed Doors: Violence in the American Family, (Garden City, N.Y.: Anchor Press, 1980), 100.
213. Lonnie H. Athens, The Creation of Dangerous Violent Criminals (Urbana: University of Illinois Press, 1992), 46-56.
214. Donald G. Dutton, The Domestic Assault of Women: Psychological and Criminal Justice Perspectives (Vancouver: University of British Columbia Press, 1995).
215. James Gilligan, Violence: Reflections on a National Epidemic (New York: Vintage Books, 1996), 103-36.
216. Athens, The Creation of Dangerous Violent Criminals, 46-56.
217. See People v. Aris, 215 Cal.App.3d 1178, 1184, 264 Cal. Rptr. 167, 171 (1989); see also Sandra Stokley, "Woman Inmate Found Suitable for Parole," Riverside (Calif.) Press-Enterprise, August 24, 1994, B3.
218. This issue was raised on appeal. The California Court of Appeals found that the judge erred when he prevented Walker from testifying that Brenda Aris suffered from battered woman's syndrome. The court also held that the error was harmless in Brenda's case-that is, even if Walker would have testified that Brenda suffered from the syndrome, the jury still would have convicted her. This is clearly a point of contention. People v. Aris, 215 Cal.App.3d 1178, 1201, 264 Cal.Rptr. 167, 180, 182 (1989).
219. Kim Bartholomew, "Avoidance of Intimacy: An Attachment Perspective," Journal of Social and Personal Relationships 7 (1990): 147-78.
220. Jamila Bookwala, "The Role of Own and Perceived Partner Attachment in Relationship Aggression," Journal of Interpersonal Violence 17 (2002): 84-100.
221. Jamila Bookwala and Bozena Zdaniuk, "Adult Attachment Styles and Aggressive Behavior within Dating Relationships," Journal of Social and Personal Relationships 15 (1998): 175-90;
222. Nigel Roberts and Patricia Noller, "The Associations between Adult Attachment and Couple Violence: The Role of Communication Patterns and Relationship Satisfaction," in Attachment Theory and Close Relationships, ed. Jeffry A. Simpson and W. Steven Rholes (New York: Guilford, 1998), 339.
223. Bookwala, "The Role of Own and Perceived Partner Attachment," 96-97.
224. Roberts and Noller, "The Associations between Adult Attachment and Couple Violence," 340.
225. Bookwala, "The Role of Own and Perceived Partner Attachment," 97.
226. Patricia Pearson, When She Was Bad: How Women Get Away with Murder (London: Virago Press, 1998).
227. R. Emerson Dobash and Russell P. Dobash, "Violent Men and Violent Contexts," in Rethinking Violence against Women, ed. R. Emerson Dobash and Russell P. Dobash (Thousand Oaks, Calif.: Sage, 1998), 153.
228. James Browning and Donald G. Dutton, "Assessment of Wife Assault with the Conflict Tactics Scale: Using Couple Data to Quantify the Differential Reporting Effect," Journal of Marriage and the Family 48 (1986): 375-79.
229. Dobash and Dobash, "Violent Men and Violent Contexts," 155.
230. Zvi Eisikovits and Eli Buchbinder, Locked in a Violent Embrace: Understanding and Intervening in Domestic Violence (Thousand Oaks, Calif.: Sage, 2000).
231. Dutton, The Domestic Assault of Women, 68.
232. Melanie L. O'Neill and Patricia K. Kerig, "Attributions of Self-Blame and Perceived Control as Moderators of Adjustment in Battered Women," Journal of Interpersonal Violence 15 (2000): 1036-49.
233. Murray A. Straus, "The Controversy over Domestic Violence by Women: A Methodological, Theoretical, and Sociology of Science Analysis," in Violence in Intimate Relationships, ed. Ximena B. Arriaga and Stuart Oskamp (Thousand Oaks, Calif.: Sage, 1999), 17-44.
234. Christopher M. Murphy and K. Daniel O'Leary, "Psychological Aggression Predicts Physical Aggression in Early Marriage," Journal of Consulting and Clinical Psychology 57 (1993): 579-82.
235. Julia C. Babcock, Jennifer Waltz, Neil S. Jacobson, and John M. Gottman, "Power and Violence: The Relation between Communication Patterns, Power Discrepancies, and Domestic Violence," Journal of Consulting and Clinical Psychology 61 (1993): 47.
236. Galla Hendy's story is taken from Deborah Sontag, "Fierce Entanglements," New York Times Magazine, November 17, 2002, 56-57.
237. See, for example, Julie Stubbs, "Domestic Violence and Women's Safety: Feminist Challenges to Restorative Justice," in Restorative Justice and Family Violence, ed. Heather Strang and John Braithwaite (Cambridge: Cambridge University Press, 2002), 42-61.
238. For a variation on the proposed model, see Lawrence W. Sherman, "Domestic Violence and Restorative Justice: Answering Key Questions," Virginia Journal of Social Policy and Law, 8 (2000): 263-289.
239. For a study that concludes that respect, as well as just procedures, can decrease recidivism, see Raymond Paternoster, Robert Brame, Ronet Bachman, and Lawrence W. Sherman, "Do Fair Procedures Matter? The Effect of Procedural Justice on Spouse Assault," Law and Society Review 31 (1997): 163-204.
240. David Ford and Mary Jean Regoli, "The Criminal Prosecution of Wife Assaulters: Process, Problems and Effects," in Legal Responses to Wife Assault: Current Trends and Evaluation, ed. N. Zoe Hilton (Newbury Park, Calif.: Sage, 1993), 127-64.
241. "Crime in the United States 2001," Uniform Crime Reports, Federal Bureau of Investigation, Department of Justice (Washington, D.C., 2002).
242. Laura Dugan, Daniel Nagin, and Richard Rosenfeld, "Exposure Reduction or Backlash? The Effects of Domestic Violence Resources on Intimate Partner Homicide," Final Report to the National Institute of Justice (Washington, D.C., 2001), 30, 34.
243. See, for example, W. Vernon Lee and Stephen P. Weinstein, "How Far Have We Come? A Critical Review of the Research on Men Who Batter," in Alcoholism and Violence: Recent Developments in Alcoholism, vol. 13, ed. Marc Galanter (New York: Plenum Press, 1997), 337.
244. See Cheryl Hanna, "The Paradox of Hope: The Crime and Punishment of Domestic Violence," William and Mary Law Review 39 (1998): 1559-66.
245. Betsy Tsai, Note, "The Trend toward Specialized Domestic Violence Courts: Improvements on an Effective Innovation," Fordham Law Review 68 (2000): 1292-93.
246. In addition to these commonly mentioned criteria, factors associated with the person's offense and/or arrest might be used. For example, in a study that made use of U.S. Secret Service members' experience at predicting violent behavior, suggestions included strangulation, resisting arrest, violation of protective orders, whether the victim had indicated intent to end the relationship, public acts of violence, and offender's life stressors. See Richard Devine, "Targeting High Risk Domestic Violence Cases: The Cook County, Chicago, Experience," APR Prosecutor 34 (2000): 31.
247. Michael P. Johnson, "Patriarchal Terrorism and Common Couple Violence: Two Forms of Violence Against Women," Journal of Marriage and the Family 57 (1995): 283-94.
248. James Gilligan, Violence: Reflections on a National Epidemic (New York: Vintage Books, 1996), 188, 206.
249. John Braithwaite, "Restorative Justice: Assessing Optimistic and Pessimistic Accounts," Crime and Justice 25 (1999): 26.
250. Neil S. Jacobson, John M. Gottman, Jennifer Waltz, Regina Rushe, Julia Babcock, and Amy Holtzworth-Munroe, "Affect, Verbal Content, and Psychophysiology in the Arguments of Couples with a Violent Husband," Journal of Consulting and Clinical Psychology 62 (1994): 986.
251. See Boyd C. Rollins and Stephen J. Bahr, "A Theory of Power Relationships in Marriage," Journal of Marriage and the Family (1976): 619.
252. Donna K. Coker, "Heat of Passion and Wife Killing: Men Who Batter/Men Who Kill," Southern California Review of Law and Women's Studies 2 (1992): 95-99.
253. Janet A. Johnson, Victoria L. Lutz and Neil Websdale, "Death by Intimacy: Risk Factors for Domestic Violence," Pace Law Review 20 (2000): 268.
254. Jacobson et al., "Affect, Verbal Content, and Psychophysiology," 987.
255. Helen S. Pan, Peter H. Neidig, and K. Daniel O'Leary, "Predicting Mild and Severe Husband-to-Wife Physical Aggression," Journal of Consulting and Clinical Psychology 62 (1994): 980.
256. Avonne Mason and Virginia Blankenship, "Power and Affiliation Motivation, Stress, and Abuse in Intimate Relationships," Journal of Personality and Social Psychology 52 (1987): 209.
257. Jacobson et al., "Affect, Verbal Content, and Psychophysiology," 987.
258. Julia C. Babcock, Jennifer Waltz, Neil S. Jacobson, and John M. Gottman, "Power and Violence: The Relation between Communication Patterns, Power Discrepancies, and Domestic Violence," Journal of Consulting and Clinical Psychology 61 (1993): 47.
259. Mason and Blankenship, "Power and Affiliation Motivation," 207.
260. Johnson, Lutz, and Websdale, "Death by Intimacy," 267-68.
261. Jacobson et al., "Affect, Verbal Content, and Psychophysiology," 987.
262. Charlene Allen and Beth Leventhal, "History, Culture, and Identity: What Makes GLBT Battering Different," in Same-Sex Domestic Violence: Strategies for Change, ed. Beth Leventhal and Sandra E. Lundy (Thousand Oaks, Calif.: Sage, 1999), 74.
263. See, for example, Sorichetti v. City of New York, 482 N.E. 2d 70 (N.Y. 1985).
264. John Braithwaite, "Youth Development Circles," Oxford Review of Education 27 (2001): 241-45.
265. Donna K. Coker, "Enhancing Autonomy for Battered Women: Lessons from Navajo Peacemaking," UCLA Law Review 47 (1999): 79.
266. Braithwaite, "Restorative Justice," 25.
267. Coker, "Enhancing Autonomy for Battered Women," 77, 86-87.
268. Braithwaite discusses the unsuccessful nature of conferences that do not allow for a full discussion of the issues in the participants' lives. John Braithwaite, "Restorative Justice and a New Criminal Law of Substance Abuse," Youth and Society 33 (2001): 238-40.
269. See Debra Kaminer, Dan J. Stein, Irene Mbanga, Nompumelelo Zungu-Dirwayi, "Forgiveness: Toward an Integration of Theoretical Models," Psychiatry 63 (2000): 354, noting that there is evidence that "forgiveness can result in psychological healing and improved mental health" and that "[h]olding the offender accountable through some form of retributive or restorative justice, however, does not negate the possibility of forgiveness."
270. See Dan J. Stein, "Psychiatric Aspects of the Truth and Reconciliation Commission in South Africa," British Journal of Psychiatry 173 (1998): 455.
271. Braithwaite, "Restorative Justice," 31.
272. Lawrence W. Sherman, Janell D. Schmidt, Dennis P. Rogan, Douglas A. Smith, Patrick R. Gartin, Ellen G. Cohn, Dean J. Collins, and Anthony R. Bacich, "The Variable Effects of Arrest on Criminal Careers: The Milwaukee Domestic Violence Experiment," Journal of Criminal Law and Criminology 83(1992): 137-69.
273. See Kaminer et al., "Forgiveness," 351.
274. Virginia Goldner, "The Treatment of Violence and Victimization in Intimate Relationships," Family Process 37 (1998): 275-78.
275. Susan J. Brison, "Violence and the Remaking of a Self," Chronicle of Higher Education, January 18, 2002, B10.
276. John P. Wilson, Trauma, Transformation, and Healing: An Integrative Approach to Theory, Research, and Post-Traumatic Therapy (New York: Brunner/Mazel, 1989), 212-16.
277. Dutton reports that increased levels of anger in men were correlated with histories of verbal and physical abuse, specifically by their mothers. Donald G. Dutton, The Domestic Assault of Women: Psychological and Criminal Justice Perspectives (Vancouver: University of British Columbia Press, 1995), 66.
278. This work is drawn from Gerald Monk, John Winslade, Kathie Crocket, and David Epston, eds., Narrative Therapy in Practice: The Archaeology of Hope (San Francisco: Jossey Bass, 1997).
279. Virginia Goldner, "The Treatment of Violence and Victimization in Intimate Relationships," Family Process 37 (1998): 263-66.
280. See, for example, Elizabeth Schneider, Battered Women and Feminist Lawmaking (New Haven, Conn.: Yale University Press, 2000).
281. Janet A. Geller, "Conjoint Therapy for the Treatment of Partner Abuse: Indications and Contradictions," in Battered Women and Their Families: Intervention Strategies and Treatment Programs, ed. Albert R. Roberts, 2d ed. (New York: Springer, 1998), 77.
282. Raymond Paternoster, Robert Brame, Ronet Bachman, and Lawrence W. Sherman, "Do Fair Procedures Matter? The Effect of Procedural Justice on Spouse Assault," Law and Society Review 31 (1997): 163.
283. These feelings are not uncommon among professionals, especially prosecutors. See, for example, Teri L. Jackson, "Lessons Learned from a Domestic Violence Prosecutor," in Domestic Violence Law: A Comprehensive Overview of Cases and Sources, ed. Nancy K. D. Lemon (San Francisco: Austin and Winfield, 1996), 561-62.
284. Cheryl Hanna, "No Right to Choose: Mandated Victim Participation in Domestic Violence Prosecutions," Harvard Law Review 109 (1996): 1870.
285. David Goodman, "Why Killers Should Go Free: Lessons from South Africa," Washington Quarterly 22 (1999): 172.
286. See Martha Minow, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence (Boston: Beacon Press, 1998), 52-90.
287. John Braithwaite, "Restorative Justice: Assessing Optimistic and Pessimistic Accounts," Crime and Justice 25 (1999): 1.
288. Goodman, "Why Killers Should Go Free," 173.
289. John Braithwaite, "Youth Development Circles," Oxford Review of Education 27 (2001): 240-41.
290. Betsy Tsai, note, "The Trend toward Specialized Domestic Violence Courts: Improvements on an Effective Innovation," Fordham Law Review 68 (2000): 1321.
291. See, for example, Julie Stubbs, "Domestic Violence and Women's Safety: Feminist Challenges to Restorative Justice," in Restorative Justice and Family Violence, ed. Heather Strang and John Braithwaite (Cambridge: Cambridge University Press, 2002), 42-61.
292. Joan Pennell and Gale Burford, "Feminist Praxis: Making Family Group Conferencing Work," in Restorative Justice and Family Violence, ed. Heather Strang and John Braithwaite (Cambridge: Cambridge University Press, 2002), 108-27.
293. Braithwaite, "Restorative Justice," 35-38.
294. The Truth and Reconciliation Commission, unlike some other truth commissions, was created by a legislative act following extensive public debate and involvement; Minow, Between Vengeance and Forgiveness, 53.
295. Lawrence W. Sherman, Janell D. Schmidt, Dennis P. Rogan, Douglas A. Smith, Patrick R. Gartin, Ellen G. Cohn, Dean J. Collins, and Anthony R. Bacich, "The Variable Effects of Arrest on Criminal Careers: The Milwaukee Domestic Violence Experiment," Journal of Criminal Law and Criminology 83 (1992): 137-69.
296. Braithwaite, "Youth Development Circles," 241.
297. See, for example, the specialized domestic violence court described in Randal B. Fritzler and Lenore M. J. Simon, "The Development of a Specialized Domestic Violence Court in Vancouver, Washington, Utilizing Innovative Judicial Paradigms," University of Missouri at Kansas City Law Review 69 (2000): 147-48.
298. See articles contained in Same-Sex Domestic Violence: Strategies for Change, ed. Beth Leventhal and Sandra E. Lundy (Thousand Oaks, Calif.: Sage, 1999).
299. As domestic abuse treatment provider Tod Augusta-Scott has argued, more than just power and control must be addressed in clinical responses to violence. Tod Augusta-Scott, "Dichotomies in the Power and Control Story: Exploring Multiple Stories about Men Who Choose Abuse in Intimate Relationships," Gecko: A Journal of Deconstruction and Narrative Ideas in Therapeutic Practice (2001): 31-68.
300. Fritzler and Simon, "The Development of a Specialized Domestic Violence Court," 167.
301. Tsai points out the inability of "experts" to predict the lethality of abusers. Tsai, "The Trend toward Specialized Domestic Violence Courts," 1293.
302. One such program has convicted offenders wear electronic bracelets set to go off if the offenders are within one hundred feet of a victim's home. See David M. Herszenhorn, "Alarm Helps to Fight Domestic Violence," New York Times, July 27, 1999, B3.
303. Sally L. Satel, "It's Always His Fault," Women's Quarterly, Independent Women's Forum, Summer 1997, at http://www.iwf.org/pubs/twq/su97a.shtml.
304. Deborah Sontag, "Fierce Entanglements," New York Times Magazine, November 17, 2002, 56.
305. Edward W. Gondolf, "Service Barriers for Battered Women with Male Partners in Batterer Programs," Journal of Interpersonal Violence 17 (2002): 221.
306. See "UCLA Survey Estimates 11 Million Adult Californians Personally Know Victim of Domestic Violence," press release, Los Angeles, February 19, 2003.
307. Braithwaite, "Restorative Justice," 30-38.
308. Burford and Pennell's work is reported in Braithwaite, "Youth Development Circles," 242.
309. Burford and Pennell's work is reported in Braithwaite, "Restorative Justice," 36.
310. James Ptacek, Battered Women in the Courtroom: The Power of Judicial Responses (Boston: Northeastern University Press, 1999).
311. Braithwaite, "Restorative Justice," 56-65.
312. Goodman, "Why Killers Should Go Free," 174.
313. Braithwaite, "Restorative Justice," 82-84.
314. My previous work on this argument is found in Linda G. Mills, "Killing Her Softly: Intimate Abuse and the Violence of State Intervention," Harvard Law Review 113 (1999): 550-613.
315. Andy Geller, George King, Kiran Randhawa, and Stefan C. Friedman, "Two Thoughts on Twin Towers: Poll Reveals Great Divide on Rebuild," New York Post, July 14, 2002, 5.
316. See the drawing by Nancy Rubins in Calvin Tomkins, "After the Towers," New Yorker, July 15, 2002, 60.