Presentation Transcript
Battered WomenWhat Can Be Done? :Battered WomenWhat Can Be Done? Brynn Seidenstricker
Mr. Vega 11A
Spring 2009
What do you think? :Drug Use? Alcohol Use? Morning Sickness? http://www.helenjaques.co.uk What do you think?
Slide 3:Domestic Violence? http://www.helenjaques.co.uk/blog/
Research Abstract :Research Abstract This project seeks to raise awareness of the public
on the issue of Domestic Violence, specifically men
towards women. To many people domestic violence is a very personal subject. For this reason domestic violence is shunned in many situations. By raising awareness of how domestic issues are classified, handled by judges and law enforcement, and ruled upon, I hope to convince my audience to take this crime more seriously. Change starts with one person’s action.
What is Domestic Violence? :What is Domestic Violence? Domestic Violence(N)- violence or physical abuse directed toward your spouse or domestic partner; usually violence by men against women ( http://wordnet.princeton.edu/perl/webwn)
Slide 6:It is the most common crime in the country.
Every nine seconds a woman is beaten.
50% of wives are beaten at least once by their spouses.
Violence is most common towards underprivileged women. Source: http://www.youcantbeatawoman.org/purpleribbon.png DOMESTIC VIOLENCE (Understanding the Problem of Men’s Violence Against Women)
The Classification of Domestic Abuse :The Classification of Domestic Abuse Most cases are classified as misdemeanors.
Most cases are heard in civil courts as a civil matter and not a crime.
This means those convicted rarely go to jail.
If they do go to jail, they face a maximum of a 1 year sentence. (Domestic Violence)
Restraining Orders and Civil orders of Protection :Restraining Orders and Civil orders of Protection Most widely used remedy for wife beating (Litsky)
Able to maintain because of Family Abuse Prevention Act
Cannot be enforced until a copy legally served to abuser (“Restraining Orders and Domestic Violence”)
Ineffectiveness of Restraining Orders :Ineffectiveness of Restraining Orders Police officers need “probable cause”
Restraining orders have bail
Punishments range by court “Orders of Protection are only worth
the paper they are written on”
-E. Yaroshefsky, Clinical Professor of Law (“Restraining Orders and Domestic Violence”)
Domestic Abuse Myths :Domestic Abuse Myths Women are masochists.
Men are sadists.
Battered women make exaggerations.
Domestic Violence falls under family privacy. (Litsky)
GPS Devices :GPS Devices Domestic violence suspects ordered to wear
Victim alerted by cell phone
Victim alerted in any location
Legislation passed in 11 states Photo: KRT Photograph by Laurence Kesterson/Philadelphia Inquirer (Eggert)
The Effectiveness of GPS :The Effectiveness of GPS Cell Phone Service
Device size
Reaction time (Eggert)
Why Do Police Get Discretion? :Why Do Police Get Discretion? Constitutionality to act
Discretion of “probable cause”
Discrimination of women “A Man’s Home
is his Castle” (Jones)
Is the Law Uninformed? :Is the Law Uninformed? Unfamiliar with state Domestic Violence Acts
Unfamiliar with specific case
Reluctant within law enforcement
Ill-equipped with resources (Litsky) Photo: http://www.mass.gov
The 14th AmendmentDue Process Clause :The 14th AmendmentDue Process Clause 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (The United States Constitution, 1868)
DeShaney Case :DeShaney Case February 1989 Supreme Court Case
14th Amendment Due Process Clause Ruling:
“to protect the people from the state, not to ensure that the State protected them from each other” (Jones)
What Can We Do? :What Can We Do? Educate judges.
Regulate law enforcement discretion.
Fund shelters.
Treat domestic issues as more than misdemeanors. http://www.thecocktailcafe.com
Works Cited :Works Cited Domestic Violence. 29 Dec. 2006. Facts on File; Issues and Controversies. 8 May 2009 .
Eggert, David. "GPS Devices Monitor Domestic Abusers, Stalkers." 2009. SIRS. South Western High School Library, Hanover. 1 May 2009 .
Jones, Ann. Next Time, She'll Be dead. San Diego: Beacon P, 1994. Rpt In. Ed. Bruno, Leone Domestic Violence. San Diego: Greenhaven P Inc., 1996. 41-49.
Litsky, Matthew. "Reforming the Criminal Justice System Can Decrease Violence Against Women." New York Law School Journal of Human Rights (1990): 149+.
"Restraining Orders and Domestic Violence." Oregon State Bar. Oregon State Bar. 11 May 2009 .
Savage, David G. "Justices Side with Accused." 2009. SIRS. South Western High School Library, Hanover. 1 May 2009 .
Understanding the Problem of Men's Violence Against Women. 2009. A Safe Place: Lake County Crisis Center. 3 May 2009 .
The United States Constitution. Apr. 1997. U.S. Constitution Online. 13 May 2009 .