Domestic Violence Exam 1

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(1871) Judicial elimination of the “husbandly protection” against prosecution for spousal abuse
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Fulgham v. State(AL)
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by 1900, created legal protection to physical violence but why hard to enforce
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local police reluctance, shame in reporting, lack of resrouces
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failure of the police to protect a women based on gender discrimination was a denial of equal protection under the laws
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Thurman V. City of Torrington
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People choose to commit IPV because they decide it is the best way to get what they want and/or because the benefits outweigh the risks.
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Rational Choice Theory – micro
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Punishment must be swift and certain in order to deter crime, expansion on rational choice
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Deterrence Theory- micro
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violent or criminal behavior is somewhat beyond the control of the individual and caused by the person’s biological or medical conditions.
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Biological theories – micro
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IPV is learned, and perpetuated in communities/cultures.
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Culture of Violence Theory – macro level
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IPV happens in communities that lack social support. Victims are especially vulnerable because resources are unlikely to exist.
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Social Disorganization Theory – macro
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IPV offender choose violence because they cannot achieve what they would otherwise want to achieve, or cannot obtain what they want. Violence is a learned means to an end.
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Strain Theory – macro
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According to the Social Learning Theory, people are not born with violent tendencies. The deviance is learned through the environment and life experiences.
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Social Learning Theories
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Relationship that develops between the infant and his or her primary caregiver affects relationships later in life.
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Attachment Theory
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types of IPV
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physical, emotional, mental, sexual, financial abuse, manipulation w/ regard to children/family
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% victims women and how many in lifetime
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85% and 1 and 3
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age range highest risk victimization
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20-24
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how often are kids also abused as well
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30-60% of home
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hospital visits annually due to IPV and cost
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2.2 million $4.1 billion in medical costs
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lose of work due to IPV
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average 8 days a year
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How long before successfully being able to leave
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6 – 8 tries
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highest risk time for domestic homicide
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30 day period after trying to leave
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murders per day due to IPV
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4
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what is used in violence – circle
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coercion and threats, intimidation, emotional abuse, isolation, minimizing/denying/blaming, children, male privilege, economic abuse
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How does IPV occur
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isolation, disbelief, intimidation, power and control
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three stage cycle of violence
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1) Tension building 2) Violent incident 3) Honeymoon phase
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All states laws against current spouses – where does it vary
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divorced/separated, reside together without marriage(gay as well), share child and pregnant, dating or engagement
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annually how many abused by current or former partner
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1.3 million
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how many women vs men victimized at some point in life
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1 in 3 women and 1 in 7 men
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greatest risk IPV victims
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young women
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race difference in IPV over lifetime – women
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4 in 10 African American, 1 in 2 Native american, 1 in 3 hispanic, 1 in 4 non-hispanic white, 1 in 2 multiracial
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most common cause of prenatal death in expectant women
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homicide
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when was consent no longer assumed making marital rape illegal
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1970s
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why is marital rape difficult to prosecute
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previously consensual, no witnesses, limited evidence
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will abused children become abusers themselves
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1 in 3, increased risk of delinquency, substance abuse, and poor school performance
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What did the Minnneapolis Domestic Violence Experiment develop
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mandatory arrest, requires arrest while probable cause exists
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when does dual arrest occur
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can’t determine aggressor, both injured, mom didn’t protect her kids
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substance abuse prevalent in abuse?
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half of incidents, victim and or abuser
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what becomes harder when substance or alcohol is involved
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arrest and prosecution
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most common weapon in IPV
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firearm
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Battered women syndrome – walker 1977
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women – retain belief he will change, become economically dependent, become socially isolated, lose self-confidence, lose hope for change, fear consequences of leaving, become emotionally unable to leave
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Arguments against BWS
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they learn to survive – shows instinct, experts on their situation – making rational choices, something clicked and made them leave
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globally rate of IPV
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more than 50% in Bangledesh, etheopia- up to 71%, peru and tanzania
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what country fewer then 20% IPV
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Japan
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what age range globally does IPV account for more death than most
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15-44
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legilsltion inconsistent internationally?
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western nations provide legal protection but in at least 53 countries, marital rape is not an offense
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laws only good when?
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officials willing to prosecute, women ability to seek enforcement
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causes for violent against women worldwide
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political inequality, economic inequality, low education of women, high rates of drug and alcohol abuse, religious beliefs supporting violence against women, low states of women generally
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Historically, was IPV defined as a problem
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not unless it represented significant threat or actual harm
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judicial precedents
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rule of thumb, curtain rule
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Womens movement
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women deserve equal protection from violence including domestic violence
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where is most U.S. legal tradition form
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England
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written laws, passed and signed by state governor
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statutory laws
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adherence to previous rulings
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common law/ precedent
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husbands were not charged or convicted until when
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late 19th century
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research methods on IPV
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quantitative and qualitative
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most consistent source of information for aggravated assault, the most sever form of IPV
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Uniform Crime Report
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flaws to UCR
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lesser assualts not included, only reports on crimes reported to police, limited relationship information
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NIBRS
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National Incident-based report system – more complete, counts all crimes, comrehensie but not every but is included.
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first quality source of data on IPV
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National Crime VictimizationSurvey
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issues faced in research
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definition, sample, and ethics
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scale that lists multiple violent behaviors ranging from minor to severe and asks respondent what they have done
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conflict tactics Scale
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two kinds of theories explaining IPV
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Macro – societal and micro – individual
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The positive school
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biological theories, sociological theories, ad psychological theories
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law is seen as which the ruling class maintains its control
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the conflict school

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