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Question: Crimes involving domestic violence include both, "... felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common,

19 Oct 2022,5:17 AM

 

Crimes involving domestic violence include both, "... felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction." (Department of Justice, 2020)

To prosecute these offenses, many prosecutors' offices have specially trained staff to address the unique challenges raised in prosecuting domestic violence cases such as property disputes, child support and custody issues.

Notwithstanding the existence of special units within law enforcement and prosecutors' offices, there is debate among advocates of domestic violence survivors as to whether the response from government is sufficient to address the complexities of these cases.

In the attached article, Redefining the State's Response to Domestic Violence: Past Victories and Future Challenges, Prof. Epstein suggests that crucial challenges exist in the state's response to domestic violence cases. Specifically, "...efforts to increase state responsiveness resulted in an "overcriminalization" of domestic violence, with an almost automatic initiation of criminal prosecution occurring regardless of the needs and desires of the victim and her family?" (Epstein, 1999).

Do you agree with the author that the state's response has resulted in an overcriminalization of domestic violence cases and why or why not? Do you agree that statutes terminating the discretion of the responding police officers in favor of "mandatory arrest laws" are a proper response to domestic violence cases and why or why not? Do you find that “no drop” policies in prosecutor’s offices is an appropriate response to handling domestic violence cases, notwithstanding a victim’s desire to no longer proceed with the case- why or why not?

 

Expert answer

 

Do you agree with the author that the state's response has resulted in an overcriminalization of domestic violence cases and why or why not?

I do not agree with the author that the state's response has resulted in an overcriminalization of domestic violence cases. The state has put in place measures to protect victims of domestic violence and help them get the resources they need. This is a necessary step to take to address this issue.

 

The state has created laws and policies that protect victims of domestic violence and provide them with resources they need. These measures have helped to reduce the incidence of domestic violence, and I believe that they have been effective in addressing this problem.

 

There is always room for improvement, but I believe that the state's response has been appropriate and has helped to make progress in addressing this issue. Thank you for bringing this important issue to our attention.

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