No Right to Choose: Mandated Participation in Domestic Violence Prosecutions

  title={No Right to Choose: Mandated Participation in Domestic Violence Prosecutions},
  author={Cheryl Hanna},
Throughout the country, prosecutors have begun to mandate victim participation in domestic violence cases. In this Article, Professor Hanna examines the tensions that arise when the state uses its powers to compel women to assist in the prosecution of their batterers. Although feminist theory has been responsible for increased attention to domestic violence, it does not adequately address the tensions between state accountability and victim autonomy. Professor Hanna illustrates these tensions… Expand
Feminist Prosecutors and Patriarchal States
In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminalExpand
An analysis of mandatory arrest policy on domestic violence
Women are more likely to be beaten, raped, or killed because of domestic violence. Men have beaten their wives and partners for centuries with no payback from the criminal justice system. RecentExpand
Catch‐22: Exploring Victim Interests in a Specialist Family Violence Jurisdiction
Research and advocacy over the past few decades have combined to draw attention both to the inadequacies of criminal justice intervention in domestic violence as well as the law's positive potential.Expand
No-Drop Prosecution in Domestic Violence Cases
  • A. Nichols
  • Political Science, Medicine
  • Journal of interpersonal violence
  • 2014
Examination of perspectives and practices of victim advocates in no-drop prosecution cases revealed a survivor-defined approach to advocacy emphasizing the individual situations and choices of battered women, and a social change approach focusing on changing the social structures that tolerate violence against women. Expand
Protecting Prosecution
  • R. Römkens
  • Political Science, Medicine
  • Violence against women
  • 2006
It is argued that current tendencies toward criminalization in domestic violence interventions can have an unintended violent impact for victims who are either excluded from the program or are forced into a criminal justice regime that might not be in their primary interest. Expand
Continued State Liability for Police Inaction in Assisting Victims of Domestic Violence: A Reflection on the Implementation of South Africa's Domestic Violence Legislation
Abstract Now that it has been in operation for 20 years, it is necessary to reflect on the impact the South African Domestic Violence Act has had on women's lives. This article analyses this keyExpand
The Agencies of Abuse: Intimate Abusers' Experience of Presumptive Arrest and Prosecution
Presumptive arrest and prosecution policies are designed to eradicate domestic violence by disrupting abusive relationships and transforming the subjectivities of victimized women and abusive men.Expand
Obstacles to Victims’ Cooperation With the Criminal Prosecution of Their Abusers: The Role of Social Support
Findings showed that tangible support, severity of violence in the relationship, and the presence of children in common with the abuser all significantly predicted victims’ cooperation with the prosecution of their abusers. Expand
Mandatory Arrest and Prosecution Policies for Domestic Violence
New laws and policies in domestic violence cases, such as mandatory arrest and no-drop prosecution, have been implemented despite empirical evidence that arrest and prosecution may not in fact deterExpand
Engaging With Criminal Prosecution: The Victim's Perspective
Despite more than a decade of policies that encourage prosecutors to proceed without the victim's input or actions in cases of intimate partner violence (IPV), prosecutors still often rely on theExpand