Retribution and Restitution. "Eye for an Eye"
Puritans made laws against wife beating however they were rarely enforced.
Man responsible for wife's behavior as when married wife's legal identity is "merged" into husband's. Wife cannot do anything legally without husband.
Summary of American law at the time.
First Case overt condone domestic violence.
The right to chastisement.
Do not strike pregnant wife
Printing press developed and quickened the pace of the media and how the news was delievered
New York courts disagrees with Delware
Right to chastisement or moral corruption.
Will not go behind the curtain without permanent injury or excess violence.
Husband can use force as long as there is no permanent injury or excess violence.
No divorce for women because of husband cruelty, brought it in on herself.
Killed because hit while drunk -- court says No
Husband cannot strike woman even if woman is drunk
Allowed prosecution of DV offenders -- equal protection of woman as to man.
Rescinded legal right of man to hit woman
First state to make wife beating ilegal
Provided legal and personal aid to women who were abused
Unwillingness to arrest white males
Right to conduct moderate chastisement is overruled in Mississippi
Husband participating in rape by third party is condemned.
Divorce because of cruelty.
By 1910 35 of 46 states had passed liberalized divorce laws like these -- domestic relations courts
25 cities adopted Chicago's Protective Agency
End of social work era
1940s-1950s rise of psychology and TREATMENT of individuals – no longer criminals and victims, rather they were CLIENTS
The Criminal and his victim.
Some people are more inclined to becoming criminal and victims
Victims usually include: rich, children, elderly
Compensation in England, not adopted in England.
Thought of as prompting victim blame in rape cases
No evidence form illegitimate searches.
First country to adopt compensation for victims.
By 1979 we had 28 others
Focused on concern for victims
Government funded in-house projects to encourage victims to participate in prosecution
Addresses workplace safety, general duty clause
Focused on services
2 are rape crisis centers (DC & SF)
1974 - funding established the first local victim/witness programs
1975 - founding of National Office of Victim Assitsance
Usually happens post-conviction.
Victims are voluntary participants, offenders not so much.
Database available 24/7
Final Report offers 68 recommendations to improve the treatment of crime victims.
on how to protect the rights of victims
Police watched victim be abused by husband before stepping in.
Thurman won the case
Abuse and neglect of the elderly made illegal
Funded with (not taxes) offender fines, rainy day backup only used 3 times in last 8 years
4 million crime victims each year
DV, sexual assault, child abuse, elder abuse, drunk driving, survivors of homicide
Federal Victim Notification System
Emergency relief to victims of terrorism and mass violence
Child abuse prevention and treatment programs
Prosecutors, law enforcement agencies and victims' advocates
DV and sexual assault victims makes up half of those receiving services -- shelters, crisis centers, child abuse treatment programs
States to assess
No VIS during sentencing
Stakeholders can attend
No statements about victim character by prosecution
By 1990 - 48 states made restitution a punishment unto itself
Universities must report campus crimes annually and accurately
Doesn't matter if stakeholder or not. Everyone can attend.
Reversed/Overturned both Booth and Gathers
Agencies must report and collect all information on hate crimes as a separate crime
Social services -- self-neglect
... by National Council of Juvenile & Family Court Justices
Violence Against Women Act
$1.2 billion between 1995-2000
Improved response to violence against women by training
Services in community
Public safety measures
Education, health and data services
STOP (Services and Training for Officers and Prosecutors) DV
Cannot own a firearm if convicted of domestic violence
Registered Sex Offenders information made public
Result of Oklahoma City Bombings
Victims have right to be present during trial
$3.3 billion over 5 more years
Renewal required cross-jurisdictional honor of TRO
Demanded efficacy for continued funding of existing programs
Expanded original STOP programs
Standards of information
Guaranteed victim rights and guidance in federal court
Shows 24% of households and 17% individuals experienced in last 12 months.
Education in teen violence, barriers removed for LGBT definitions, expanded stalking defs
1/13 OVC $8.3m Boston Marathon bombings support
Sexual Assault Kit Backlog Reduction Law – 6 states and the Feds (12 states have laws pending on this) – OVAW