Unintended Consequences Of Domestic Violence Law

This book addresses the intersection of two current major concerns in Australia: law and justice responses to domestic violence - including harsher punitive measures - and the over-representation of Indigenous Australians in the criminal justice system, which are similar concerns in New Zealand, Canada and the US. Nancarrow re-conceptualises typologies of violence and provides a means of understanding and explaining female use of violence without undermining the hard-won gains of the women’s movement. It does, however, argue for a paradigm shift, which has implications for every aspect of the system we have built to stop men’s violence against women (law, police policy and practice, counselling and advocacy for victims, and interventions for those who perpetrate violence). The book is based on quantitative and qualitative research and explores the nature of Indigenous intimate partner violence and the types of violence that domestic violence law sought to address.

That family violence injures and kills its victims both physically and psychologically was established over two decades ago by early researchers in this field. Abused and Battered heralds the second generation of domestic abuse research: it examines the implications of the legal and social responses to both victims and offenders by systematically addressing the intended and unintended consequences of programs and procedures designed to ameliorate the effects of spousal and child abuse. Contributors to this multidisciplinary volume represent the leading perspectives in public health, law and criminal justice, psychology, and sociology. They provide new and sophisticated insights regarding the etiology of the multiple forms of family abuse and they suggest innovative strategies for mitigating the anguish resulting from physical and emotional violence against adults and children within households. The results of this research will be of interest to students and practitioners in sociology, public health, psychology and family studies, and to clinicians and therapists who treat victims or offenders.

This book draws on empirical work to examine the debates surrounding domestic violence disclosure schemes (also known as Clare's Law), focussing on England and Wales with comparisons to similar jurisdictions. Clare's Law allows any member of the public the right to ask the police if their partner may pose a risk to them. This book sets out a coherent methodology for analysing these schemes which are growing in popularity. It discusses their pros and cons and the challenges with operating and regulating them. It ultimately seeks to examine whether the disclosure of information concerning the criminal history of one person to that person's intimate partner will ultimately increase the likelihood of keeping their partner safe. It speaks to academics working in the domestic violence / regulation/ criminal justice/ criminology fields as well as by policy makers in front line services and government agencies.

The law is a well-known tool in fighting gender inequality, but which laws actually advance women’s rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world’s leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law’s potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective – gender-based violence, women’s reproductive health, labour and gender equality quotas – while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women’s rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women’s rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

An eye-opening appraisal of how current Hague Child Abduction Convention agreements unintentionally harm abused women and their children

"This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children's contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser's myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement providing new opportunities for continued abuse. Countless women who have experienced Intimate Partner Violence are enmeshed in overlapping, complex and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They highlight the regular failure of legal processes and actors to comprehend the significance of non-physical abuse. Women show how legal system actors' common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity and time this often required"--

This book deals with various aspects of criminal law, including its relationship to a wide range of disciplines such as philosophy, sociology, and technology. It first considers a range of approaches and methods used in the analysis of criminal law, including economics, feminist studies, critical race theory, criminology, history, and literature. It then traces the origins of modern criminal law to medieval canon law and examines indigenous legal traditions before discussing the collapse of pre-modern criminal justice and the transition to modernity. The book also reviews the general principles of criminal liability; topics covered include constitutional criminal law, actus reus, mens rea, corporate criminal liability, consent, self-defense, necessity, duress, insanity and intoxication, as well as jurisdiction and sentencing. Different types of crimes are analyzed, including public welfare offenses, inchoate crimes, offenses against the person and against sexual autonomy, property offenses, drug offenses, regulatory offenses, and terrorism. Throughout, the book takes a broadly comparative and contextual approach that regards criminal law as a global discipline.

In the current political context, immigration law is being addressed primarily as a security issue. Gender is addressed as an issue from the State's perspective, leading to restrictive policies. This book analyzes and evaluates current devlopments in immigration law in Europe from the perspective of the women involved.