Victimology Ch 10 Notes
Victimology Ch 10 Notes CCJ 3666
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Chapter 10 Intimate Partner Violence Notes 1. What historical practices have aided male domination over females? Early Roman law treated women as property of their husbands making women subject to the control of their fathers or husbands, throughout most of history women had no legal standing. 2. What were the three main stages of historical interest in intimate partner violence in the United States? 1. During the mid 1600's, when the Puritans in Massachusetts enacted laws against wife beating and family violence. 2. Late 1800's when states began passing laws restricting family violence 3. 1960's to current when general social unrest and demands for equality arises. 3. How do suffrage and the Equal Rights Amendment fit into this picture? Women were no longer viewed a property of their husbands; they were no longer restricted by their sex to vote. 4. What does the term “intimate partner violence” cover? Includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. 5. Name the five types of intimate partner violence displayed in Table 10–3 of your textbook, and explain what they entail. 1. Physical Absue Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc. Also includes denying a parter medical care or forcing alcohol and or drug use upon the partner. 2. Sexual Abuse Coercing or attempting to coerce any esexual contract or behavior without consent. Includes but not limited to marital rape, attacks of sexual parts of the body, forcing sex after physical violence occurs, treating one in a sexually demeaning manner, etc. 3. Emotional Abuse Undermining an individual's sense of self worth and or self esteem is abuse. This may include but not limited to constant criticism, diminishing one's abilities, name calling, or damaging ones relationship with his or her children. 4. Economic Abuse Defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding ones access to money, or forbidding one's attendance at school or employment. 5. Psychological Abuse: Elements of psychological abuse include but not limited to causing fear by intimidation, threatening physical harm to self/partner/children/partners family and friends, destruction of pets or property, and forcing isolation from family, friends, school, and work. 6. What are some estimates as to how much intimate partner violence occurs in American society? 16% of the subjects reported at least one violent episode within the previous year. 7. What are some advantages to using the Conflict Tactics Scale to tap intimate partner violence? Standardized protocol, helps reduce memory decay, refinements and revisions 8. What are some disadvantages to using the Conflict Tactics Scale to tap intimate partner violence? 1. Only one member of a household was typically surveyed, meaning there were no comparative data against which the gauge the responses. 2. Data was limited in terms of assessing the degree of conflict 3. No information on the severity of the actual harm, if any, that was inflicted 4. Rarely any info gathered on demographic characteristics. 9. What types of behaviors does Table 10–4 of your textbook inventory as demonstrations of abuse? Putdowns, look at you or act in ways that scare you, controlling, keep you from friends/family, make all decisions, threaten you, intimidate you w/ weapons, etc. 10. What trends does Figure 10–1 show in terms of intimate partner violence over the past several years? Overall shows a decline. While female victimization rates show a more drastic decline, male victimization remains low and generally the same. Females still remain more likely to be victimized of IPV than males. 11. Link intimate partner violence with lethality. 79% of homicide victims knew their assailants. Victims are more likely to expire from injuries they sustain at the hands of people they knew. 12. What is “sexual symmetry?” That women are equally as violent as their partners 13. Are homicide victims more apt to be murdered by complete strangers or by someone they know? Someone they know 14. How does the term “intimate partner violence” expand upon the idea of “spouse abuse?” IPV expands 'spouse abuse' because it states that violence still occurs with same sex marriages. 15. What is the “battered woman syndrome?” A self defense explanation that argues that these women were so traumatized by previous beatings that they simply seized the opportunity to kill their assailants to prevent any further victimization episodes. 16. What are the three stages in the “cycle of violence?” 1. Tension building phase 2. Battering episode 3. Reconciliation period 17. Explain what takes place in the “tensionbuilding phase.” The women believes she can deflect her husbands bullying. She may calm the situation by conceding to his wishes or by staying out of his way. Her goal is not to prevent the battering behavior but to avoid it. She rationalizes the outbursts. 18. What happens during the “battering episode?” Culmination of the frustrations experienced in the first stage, the man becomes out of control and acts out in rage. 19. Outline the activities that take place during the “reconciliation period.” The batterer transforms himself into a very apologetic, tender, and loving character. He pleas for forgiveness and promises of a better future often cloud the anger and fear the victim has experienced at the hands of her partner. 20. What does “disinhibition” have to do with intimate partner violence? "Disinhibition" refers to a common rationalization regarding these volatile outbursts is the man's claim that he did not fully realize what he was doing because he had been drinking. This account acts to transfer responsibility away from the abuser and to characterize alcohol as the real culprit. 21. Explain “The Power and Control Wheel” presented in Figure 10–2 of your textbook. Power and control are in the middle because they are the purpose of IPV. A batterer uses threats, intimidation, and coercion to instill fear in his partner, which make up the spokes of the wheel. Physical and sexual violence are what hold it all together, making up the rim. 22. Compare and contrast “reasonable suspicion” with “probable cause.” Reasonable suspicion permits an officer to intrude into a situation to investigate whether a crime has been committed, is being committed, or is about to occur. Probable cause means that the facts and circumstances are sufficiently strong enough to make the officer conclude that the accused is the one who committed the crime under investigation. ***If probable cause is present, the officer can make a legitimate or lawful arrest.*** 23. What does the “misdemeanor rule” have to do with a warrantless arrest? In a misdemeanor case, an officer can make a warrantless arrest only if the transgression has taken place in his or her presence. The misdemeanor rule can hamper effective police intervention, particularly in situations in which many offenses are misdemeanors, such as IPV. 24. What is the role of an affidavit in a misdemeanor intimate partner violence case? An affidavit is an official complaint in which the victim outlines the details of the offense and swears under oath that the individual named in the accusation is the offender. The completion of this legal document and the issuance of a warrant by a judge give the police proper authority to arrest the suspect on a misdemeanor charge. 25. Historically, how have police officers used mediation or nonarrest options to handle domestic disturbance calls? Counseling, referral for social services, separate the parties, threat of arrest 26. What is the “referral” option? When the officer suggests the couple contact a minister, a counselor, or some other social service agency. 27. What was the “Minneapolis Experiment?” A study of how effective the three options were; Arrest, one party leaves for a "cooling off" period, and counseling or referral 28. What did the Minneapolis Experiment find? Found that arrest was the most efficient and effective option 29. What is an “incapacitation effect,” and how does it relate to the Minneapolis Experiment? Incapacitation refers to the fact that an offender is unable to recidivate while in confinement. 30. What is a “criminogenic effect,” and how does it relate to the Minneapolis Experiment? Means arresting an offender may cause greater subsequent offending. In the Omaha replication, arrest had either no effect or was found to increase subsequent abuse. 31. What was the law enforcement reaction to the Minneapolis Experiment? Police enforcement policies changed, and legislatures revamped their criminal codes. 32. What is the difference between “full” and “selective” enforcement? Full enforcement means the police arrest every violator for every illegal act whenever possible. Selective enforcement means the police arrest only some violators for some of their actions some of the time. 33. List two objections to patrol officer use of discretion in spouse abuse cases. 1. The lowest ranking members of the agency are the ones who determine how official policy translates into action. 2. Quite often these decision makers are the least accountable members of the agency, meaning their decisions are rarely subject to review. 34. What is a “proarrest policy” in spouse abuse cases? This means officers MUST make an arrest whenever feasible in IPV situations 35. Explain how the policy guidelines presented in Table 10–5 of your textbook reflect a pro arrest stance with regard to intimate partner violence. 36. How have state legislatures relaxed the “misdemeanor rule” in instances of intimate partner violence? State legislatures removed the "in the presence of an officer" requirement. 37. What is the purpose of a “refuge house?” The purpose of these places is to provide the battered woman a safe haven where she can live until she decides what do about the abusive marital situation. 38. Use Table 10–6 in your textbook to explain how some states fund refuge houses. They mandate surcharges on marriage licenses and divorce settlements to underwrite IPV centers. 39. What was the academic reaction to the Minneapolis Experiment? Research concerns regarding external validity arose (how generalizable are the results?). Called for six replications throughout the U.S. that led to mixed results. 40. Define the term “internal validity.” Raises the question of whether the treatment caused the outcome, or whether outside influences contaminated the experiment. 41. Define the term “external validity.” Another way of asking how generalizable are the results of a study? 42. How are the terms “internal validity” and “external validity” relevant for the replications of the Minneapolis Experiment? The Minneapolis Experiment only took place in Minneapolis creating a lack of generalization (external). Because it wasn't conducted anywhere else, there is no way of telling whether or not something within Minneapolis interfered with the results (internal). 43. What did the replications of the Minneapolis Experiment find? Sometimes arrest deterred, other times it didn't. NO clearcut findings. 44. What does the term “therapeutic jurisprudence” mean? The healing and sense of empowerment one may gain from moving forward with the case. 45. What is an “injunction?” Restraining order or a protection order against the abuser 46. What are some of the contents of a typical injunction? A form is filled out to request an injunction against a violent party. There is typically a fee that can be waived if the victim cannot pay. The judge can then issue a temporary training order on an ex parte. 47. What does “ex parte” mean with respect to a temporary injunction? Ex parte means the offender does not have to be present in order for the judge to take official action. 48. What reasons are there for the historical lack of prosecution in spouse abuse cases? Victims see that there are costs involved in going through with a case; retaliation by accused, lost time from work, last income from the accused, etc. Many victims change their minds about wanting to prosecute. Victims may feel guilty and assume some of the blame. Victims may be using the court for other reasons. 49. What is the purpose of a “nodrop” policy? The purpose is to let the offender know that is it the state, not the victim, pursuing the case, and to make abusers accountable for their actions. 50. Discuss three features of the “nodrop” policy contained in Table 10–8 of your textbook. 1. Prevents a burden of responsibility when pressing charges and prosecuting the case. 2. Gives victim coordinators the opportunity to further research a case and present a more complete profile to the prosecutor, 3. Prosecutor then has the opportunity to review the file and make betterinformed decisions. 51. What is “forfeiture by wrongdoing,” and what implications does it have for prosecuting intimate partner violence cases? If the defendant impedes the prosecution by threatening, intimidating, or actually harming the victim, then he or she forfeits any Sixth Amendment protections against statements made outside the courtroom. 52. What did the United States Supreme Court rule in Crawford v. Washington (2004)? Justices decided in favor of Crawford, admitted testimonial statements w/o affording the defendant the opportunity to crossexamine the witness amounts to a fundamental violation of the Sixth Amendment. 53. What did the United States Supreme Court rule in Davis v. Washington (2006)? Court ruled that the McCottry 911 tape was nontestimonial and, therefore, admissible w/o triggering any Sixth Amendment protections. On the other hand, the affidavit in Hammon was testimonial and the defendant had the right to conduct a crossexamination of the victim. 54. What did the United States Supreme Court rule in Giles v. California (2008)? Giles' murder of Avie was considered forfeiture by wrongdoing and ruled that he had lost his right to crossexamine her due to the fact that he murdered her. Her police reports would count as sufficient testimonials. 55. How do these three federal rulings impact nodrop policies and victimless prosecutions? Some observers think it would behoove the system to concentrate more on why IPV victims do not testify against their attackers. Making victims safer, addressing economic security, recognizing that battering is an ongoing emergency, and introducing more expert witness testimony would help. 56. What is an “IPV danger or lethality assessment?” A series of questions to determine the degree of lethality in an IPV case 57. Referring to Table 10–9, talk about four factors involved in an IPV danger assessment. 1. Is there a history of domestic violence? 2. Does the perpetrator have obsessive or possessive thoughts? 3. Has the perpetrator threatened to kill the victim? 4. Does the perpetrator feel betrayed by the victim? 58. What is a “stalking law?” "The act of following, viewing, communicating with, or moving threateningly or menacingly toward another person." 59. Where does stalking fit into the cycle of violence? It often occurs after the victim decides to end the 'cycle of violence'. **AKA PARTNER STALKING** 60. What are the three key features of most antistalking codes? 1. Threatening behavior 2. Criminal intent by the offender 3. Repetition in the activities 61. What different kinds of behaviors can constitute stalking? Cyberstalking, which includes unwanted phone calls, sending unsolicited or unwanted letters or emails, following or spying on the victim, show up at places w/o legit reason, waiting at places for the victim, leaving unwanted items, posting info or spreading rumors about the victim 62. What is the Lautenberg Amendment, and what does it try to do? Bans gun ownership/possession by any person ever convicted of a misdemeanor domestic violence charge. The goal behind this initiative is to combat violence against women. 63. What is an ex post facto law, and why do people raise objections to it? An ex post facto law is when additional penalties are applied to cases that were already concluded and to situations in which individuals had already completed their sentences. 64. What is the significance of U.S. v. Hayes (2009)? This case lent further support to the weapons ban because West Virginia did not have a domestic violence law and Hayes appealed to a conviction of owning a firearm. 65. Explore two issues surrounding courtordered mandatory counseling for convicted batterers? 1. Arrest serves as a'scared straight' tactic, makes fear the overriding motivational factor. 2. Whether the therapist will deal with one or both parties in the abusive relationship. 66. According to your textbook, what are the five stages associated with meaningful change in a person? 1. Precontemplation stage 2. Contemplation stage 3. Preparation stage 4. Action stage 5. Maintenance stage 68. What types of disenchantment with therapy are there? 1. Disenchantment Through Avoidance Arises when the counselor sidesteps the issue of violence, rather than initiating a discussion of the battering, many therapists stand back and wait for the victim to broach the topic. 2. Disenchantment Through Action Cements the woman's frustration with the therapeutic relationship, because the therapist usually opens a couples session by asking the male to give his version of what is taking place within the relationship (where he usually makes some effort to debunk the woman's rendition). This puts the woman into a position of having her truthfulness be evaluated. 69. What does your textbook mean when it says that a “onesizefitsall” approach does not work with court mandated therapeutic intervention in intimate partner violence cases? It refers to the fact that court mandated therapy will not be a cure to the problem of IPVs for everyone. 70. What is “executive clemency?” Means the state governor, either alone or in consultation with a board or panel, commutes or reduces the original court imposed sentence to a lesser punishment. 71. What is the “battered woman’s syndrome?” Contends that the lethal or violent response by the woman who is in an ongoing abusive relationship represents the culmination of the cycle of violence and learned helplessness. 72. What are the five criteria needed for clemency consideration under the battered woman’s syndrome? 1. The applicant must be a woman 2. She must be incarcerated for murder or an intimate partner 3. She must document a history of abusive behavior from her intimate partner 4. She must have completed a portion of the imposed sentence 5. She must have an acceptable outlook on her experience 73. What is the “castle doctrine?” Where the victim is cornered in their own home and is forced to fight back. 74. Link the battered woman’s syndrome with the castle doctrine. While an opportunity to get out of harm's way might have been present at the time of the incident or the immediate conditions may not have amounted to a genuine threat to the woman's overall health or wellbeing, her past experiences have convinced her that no other feasible alternative exists. She is cornered in her own home where "castle doctrine" protections apply. 75. What is a “fatality review team,” and what does it do? Fatality review teams are established to dissect cases involving domestic violence, homicides, and suicides. The purpose of these are to study domestic violence deaths and nearfatal incidents in an effort to learn about the underlying dynamics and to improve formal responses. 76.What does the Florida Statute 741 say? How Florida uses marriage fees to combat the problem of spousal abuse 77.What does the Florida Statute 784 say? The stalking statute, which defines... 1. Harassment Aggressive pressure or intimidation. 2. Credible threat Intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of his or her family 3. Cyber stalking The repeated use of electronic communications to harass or frighten someone, for example by sending threatening emails.