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CRIMINAL JUSTICE SYSTEMS AND SOCIAL WELFARE SYSTEMS RESPONSE TO FAMILY VIOLENCE

CRIMINAL JUSTICE SYSTEMS AND SOCIAL WELFARE SYSTEMS RESPONSE TO FAMILY VIOLENCE

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C R I M I N A L J U S T I C E S Y S T E M S A N D S O C I A L W E L FA R E S Y S T E M S

RESPONSE TO FAMILY VIOLENCE

INSTITUTION RESPONSES TO FAMILY VIOLENCE

• There are a variety of different responses depending on their specific missions• Missions are usually different but can overlap.

• Institution largely treat the symptoms of family violence.

INSTITUTION RESPONSES TO FAMILY VIOLENCE

• Response usually comes from social service agencies like shelters, not from the criminal justice system.

• Unless it is child abuse, there is little involvement from health care providers.

• There are shortcomings to the result in services.• This leads to certain populations who go underserved.

HEALTH CARE

• Health care is the prevention and treatment of disease and injury.

• Prevention and treatment varies depending on the type of violence.

• Health care providers can detect family violence:• They can recognize symptoms (such as burns or scars) of

physical abuse and neglect through regular health care visits.

• Mandatory reporting is required only for child abuse.

CHILD ABUSE

• Child abuse is heavily invested in because:• child abuse leads to long-term and expensive health

problems.

• Parenting for children can be difficult.

CHILD ABUSE SERVICES

• ExchangeSCAN:• Program designed to prevent child abuse and neglect.• Provides information and resources regarding child

development.• Specifically targets new mothers.

• Arizona Children’s Association:• Program for home visitation and family support service.• Provides tools to promote optimal development of their

children. • Provide a training manual and additional support

services.

ELDER ABUSE

• Elder care is rarely addressed by any institution because:• Elders seem less needy.• Elders deny their decline and resist care.• Elders are devalued.• Elders have more variety of needs.• Decline occurs slowly.• Provided care is inconsistent.

• Perpetrators are often family members, not strangers.• When information on prevention does exist, it is

distributed on an individual basis.• There are no temporary housing for elder victims.

INTIMATE PARTNER VIOLENCE

• There are no health care programs that focus on preventing intimate partner violence.

• Ways to provide appropriate prevention information:• Put literature on dating violence in exam rooms.

• Provide information about dating violence when people want to learn about or obtain contraceptives.

DIFFICULTIES ADDRESSING ABUSE

• Elderly and adults are not protected populations so health care providers are under no obligation to report signs of abuse or neglect.

• Laws of patient privacy and their right to their medical information creates conflict to help the victim.

• One compromise is to document signs of abuse or neglect in patient’s file for when the patient is ready to report abuse to the authorities.

BATTERED WOMEN SHELTERS

• Began in the early 1970s.

• Shelters provide:• Therapy.

• Networks to other social services.

• Help with the criminal justice system.

• Protection such as restraining orders.

INTERVENTION PROGRAMS

Pros

• Teaches the perpetrator alternative methods for discipline, childrearing, and marital or partner conflict.

• Includes mandatory education classes and other services.

Cons

• Some programs are too short.

• About half of men court-ordered do not complete or attend a single session.

• Reinforces the lack of accountability.

THE DULUTH MODEL

• Psychological-counseling model rooted in feminist understanding of battering as an expression of power.

• Developed in the early 1980s.

• Shows how physical violence is connected to male power and control.

• Classes emphasized critical thinking, and have men examine their behavior and why they acted that way while providing other solutions.

POWER & CONTROL WHEEL

EQUALITY WHEEL

THOSE LEAST LIKELY TO GET HELP

• The poor, minorities, and those without health insurance are more likely to go to urgent care clinics or emergency rooms.

• This decreasing the likelihood that they will receive prevention or detection of abuse if they had routinely gone to the same health care provider.

• Thus abuse may become more severe and elevate directly to the criminal justice system then be handled by social services.

THE CRIMINAL JUSTICE SYSTEM

• Includes everything from law enforcement to corrections.

• It is the least likely to have any significant response to family violence unless it results in significant injury or death.

• Domestic violence is usually dangerous, time-consuming, and rarely result in arrest for the police.

• Thus, they are reluctant to respond, if they respond at all.

MANDATORY ARREST LAWS

• Police book the perpetrator and hold them for 24 or 72 hours or until they can be arraigned.

• Creates space and a cooling-down period.

• Serves as a wake-up call to the perpetrator.

• However, there are problems:• If not convicted, perpetrator is left more empowered.• Victim may plea for the perpetrator to not be arrested or

provide bail money.• Victim may refuse to testify as a witness.

RESTRAINING ORDERS

• Can be either temporary and permanent.

• Parties cannot have any physical contact or come within a certain degree of one another. It may also include banning phone, email, or text messaging contact.

• They usually do not prevent further violence.

• They are only civil documents and not criminal orders.

DOMESTIC VIOLENCE COURTS

• Response to shortcomings and problems with prosecuting intimate partner violence.

• Focus on therapy, intervention, treatment, and restoration.

• They want to get the violence and abuse to stop and reconciliation• Provide successful batterer intervention program,

therapy, and income support.

RAINBOW RESPONSE

• Coalition to increase the awareness of intimate partner violence in LGBTQ relationships.

• Intimate partner violence occurs at the same rate in LGBTQ relationships as it does in heterosexual relationships.

• Seeks to educate through colleges and LGBTQ community events.

• Provides healthy relationship workshops.

PROSECUTING ABUSE

• Child and elder abuse are rarely prosecuted unless:• They involve a nonfamily perpetrator.• The violence is severe.• The violence is sexual.• The neglect is life-threatening.• The abuse or neglect has been over a long period of time

and there is enough solid evidence for prosecution.

• Intimate partner violence is rarely prosecuted because:• There is a lack of physical or medical evidence.• Victims are reluctant to testify.

• Number-one barrier to prosecuting abuse is reporting.