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Domestic Violence Laws. P If you have issues viewing or accessing this file contact us at NCJRS.gov. o. National Criminal Justice Reference Service This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. \: (/ 1.0 :: IIIII~ IIIII~ • \';::;:-z.. w I~ 11111 w ~ 13.6 &:.i~ 14.0 L:1. ......- ... .. ., "III I I " ~&.:u· III"~ " (J. O· 1.6 . IIIII~ II"I~ ~/// > ~;"'J MICROCOPY RESOLUTION TEST CHARJ NATIONAL BUREAU OF STANDARDS-1963-A ) ~, ! ., f Microfilming procedures used to create this fiche comply with the standards set forth in 41CFR 101-11.504. Points of view or opinions atated in this document are those of the author(s) and do not represent the official position or policies of the U. S. Department of Justice. .. National Institute of Justice Unilled States Department of Justicle Washington, D. C. 20531 , i ! ,,~ I ! t --------------.--~----------------.--------------------------------------------------~, , / Under the Rule of Thumb Battered Women and the A.dministration of Justice A Report of the United States Commission on Civil Rights January 1982 u.s. COMMISSION ON CIVIL RIGHTS The U.S. Commission on Civil Rights is a temporary independent, bipartisan agency established by Congress in 1957 and directed to: U.S. Department of Justice • Investigate complaints alleging that citizens are being deprived of their right Natlonallnst/lute of Justice to vote by reason of their race, color, religion, sex, age, handicap, or national This document has been reproduced exactly as received from the origin, or by l'eason of fraudulent practices; person or organization originating It. Points of view or opinions stated In this document are those of the authors and do not necessarily • Study and collect information concerning legal developments constituting represent the Qfflciai position or policies of the National Institute of discrimination or a denial of equal protection of the laws under the Constitution Justice. because of race, color, religion, sex, age, handicap, or national origin, or in the Permission to reproduce this ~d materiai has been administration of justice; granted by Public Domain/LEAA • Appraise Federal laws and policies with respect to discrimination or denial of u.s. Commission on Civil Rights equal protection of the laws because of race, color, religion, sex, age, handicap, or national origin, or in the administration of justice; to the National Criminal Justice Reference Service (NCJRS). • Serve as a national clearinghouse for information in respect to discrimination Further reproduction outside of the NCJRS system requires perm!s­ sion of the cepyt!§ht owner. or deniai of equal protection of the laws because of race, color, religion, sex, age, handicap, or national origin; • Submit reports, findings, and recommendations to the President and the Congress. MEMBERS OF THE COMMISSION \ Arthur S. Flemming, Chairman Mary F. Berry, Vice Chairman i' Stephen Horn Blandina Cardenas Ramirez Jill S. Ruckelshaus Murray Saltzman .. John Hope III, Acting StaffDirector , , o - , .. - ---~--------~- f LEITER OF TRANSMI'ITAL U.S. COMMISSION ON CIVIL RIGHTS Washington, D.C. January 1982 THE PRESIDENT THE PRESIDENT OF THE SENATE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES Sirs: will assist local officials in coming to grips with a problem that has (11l!legated too The United States Commission on Civil Rights transmits this report to you many women in this country to a status as second-class citizens in th45! eyes of the pursuant to P.ublic Law 85-315, as amended. Jaw. Under the Rule of Thumb, a report on battered women and the administration of justice, is based on a 1978 Commission consultation held in Washington, D.C., as well as field studies and public hearings held in Phoenix, Arizona, and Ihrrisburg, Resp!~ctful1YI Pennsylvania, in 1980. The report evaluates the treatment of women who are victims of domestic violence by the criminal and civil justice systems and by various social service agencies. Although wife beating is a crime in every State, the law has often failed to protect Arthur S. Flemming, Chairman these victims. The Commission's report reveals that at each stage of the criminal Mary F. Berry, Vice Chairman justice system a significant number of abused wives are turned away, with the Stephen Horn result that few ever obtain relief. Police officers, prosecutors, and judges often fail Blandina Cardenas Ramirez to take appropriate action, treating spouse abuse not as a crime against society, but Jill S. Ruckelshaus as a private family matter. Murray Saltzman The report also fmds that a woman who must flee her home to escape assault often has complex financial and emotional needs, served by inadequately supported social service programs, including shelters. John Hope III, Acting Staff Director When the Commission's project was designed, the U.S. Law Enforcement Assistance Administration was funding many local projects on domestic violence within police departments and prosecutors' offices around the country. Many of the suggestions made by the Commission in this report were originally intended to be recommendations designed to facilitate the work of these projects under the auspices of LEAA. With the demise of that agency, however, much of the work remaining to be done in the area now rests squarely on the shoulders of State and \ local officials. In instances, however, where State and local officials fail to accept their responsibility, there may still be a need for more direct Federal involvement in this issue and the report contains the Commission's recommendations for such Federal action. The Commission is hopeful that the suggestions made in this report , iii ii , ~ ,.. : ' o . ... ,--------------------.-------------------------------------------~----........ "--~-----.-...--.-- -----­ ----- ~--~--~--- PRElt"'ACE The Commission undertook this study of the problems of battered women in For reasons undeltermined in the context of this project, instances of abuse accordance with its legal mandate to "study and collect inform~tion" and to against adult women constituted the overwhelming majority of cases in the "appraise the laws and policies of the Federal Govern,ment WIt~ ~esp~ct to jurisdictions studied. Although it is true that husbands are sometimes the targets of discrimination or denials of equal protection of the laws. .10 the adminIstratIon of spouse battering, this report focuses on female victims for several rE'.asons. The justice."l Throughout its exislo.~'Jlce, the Commission has studied tbe treatment of incidence of abuse of women by men is much greater than the abuse of men by various social groups by the justice system and asse~s~d t~e cons~qu~nces of the women. Women ate, as a group, more likely to be economically dependent upon practices and policies of those involved in the admmlstration of.Justlce ~or both their sl10uses and therefore unable to escape an abusive relationship without suspects and victims. While the Commission's recent report on practIces and poh~e protection from the legal system and support from various service organizlItions. the delivery of police services addressed issues of concern t~ a~l, t?IS report foc~ses only on female victims and male abusers who are involved 10 10Cldents of phYSICal Finally, the common law legacy of women as objects of property alnd as , violence while in a spousal relationship. It is the existence and extent of ~ssaults of irucompetents unalble to conduct their own legal affairs continues to color the " that nature as well as the treatment of both victim and abuser by the justice s~st~m atl~itudes of police officers, ptosecutors, and judges. that the Commission explored in this project.:! In January 1978 the Commlsslon The project cu!lminating in this report built upon the 1978 consultation. It. was sponsored a consultation on public policy issues .affecting bat~ered .w?me~. T?at designed to elicit further information on the nature and extent of law enforcement consultation brought together nationally recogmzed experts 10 crtm10al Justice, practices that trelilt battered women differently from other assault victims. In the attorneys, victim advocates, and Federal officials for .2 days of dis?ussion .of the preparation of this report, Commission staff conducted field studies and hearings in problem and alternatives for reform. Although speakmg from a WIde vartety of Phoenix, AriZOUSl, and Harrisburg, Pennsylvania. Phoenix was selected because backgrounds and perspectives on the problems of battered women, these e~p7rts Arizona was recognized as a State with a traditional criminal law approach in ji' were united by their conclusion that the legal system's response to women vIctims which battered wife cases are handled under laws available to all victims of violent / of domestic viole11ce and their abusers differs markedly from its typical response to crime; Harrisburg was selected because of Pennsylvania's attempts to ins.titute other assault victims and perpetrators. Numerous participants both within and reforms in the treatment of these cases,3 The Phoenix hearings were held on outside the legal system described the policies and attitudes of police, prosecutors. and judges in such cases. They made it clear that domestic assault cases receive February 12 and 13, 1980, and the Harrisburg hearings on June 17 and 18. 1980. singular treatment
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