The Extent to Which Victims of Domestic Violence Get Protection from the Criminal System - Research Paper Example

Domestic Violence Summary of the article 1 The article talks about domestic violence against women. Domestic violence is a social concern which has been socially silent for a period. The document captures violence against women though it reports that the Bureau of statistics (2007) claims that domestic violence against women reduced as from 1993 to 2005. In 2005 in every 320 households, a woman has been affected by intimate violence. The statistics do not report exact happening on the domestic violence as per the National Organization for Women (2007) report. This suggests that much women violence occurs in the households but is not fully covered by the National Statistics bureau. The organization reported that about 2million women face domestic violence but the statistics failed to capture this. The paper thus reviews the extent to which victims of domestic violence get protection from the criminal system. The police take charge of the criminal activities in the society and protecting all the people from all forms of violence. It also examines federal case law and other situations where police are in charge of responding to the incidents of domestic violence. It also examines the reasons for the liability to damages caused in the process of arresting the domestic violence perpetrators. In 2005, it was reported that the supreme court in Town of Castle Rock v. Gonzales (545 us 748) barred police from arresting the perpetrators of domestic violence. This was revealed especially when statutory law provides alternatives of dealing with that act of injustice. Introduction Domestic violence is a situation when one adult in the society or a relationship takes advantage of the power and misuses it to control another. It emanates through the establishment of fear and control in a relationship by use of violence and other forms of abuse. The violence emanates from sexual assault, physical abuse and even threats. In most cases, the violence is geared towards women by their male counterparts as they are regarded less energetic than men and therefore cannot resist the violence. This is why the number of women who face domestic violence is more than the male who face the same violence. Durant and Miguel explain that the domestic violence is normally linked to the violence against women especially those who are in their matrimonial homes. This makes it a barrier to the women empowerment, bearing consequences to women’s health, strength and even their activities The article on police response to domestic violence victims contains new and significant information relevant in addressing and justifying the publication. The study has original ideas that analyses and clearly presents the approach. It reports that the decision made by the Castle Rock created an aura of uncertainty in the relationship to policies of pro-arrest. As a result, it fuelled victim advocacy groups. This promotes advocacy for equal rights for more aggressive police response to domestic violence and abusers. The ideas generated by the paper also reveals civil damages by the police and also the law practitioners as they try to deal with the issue of domestic violence and the civil violence in general. These ideas are relevant when it comes to the issue of domestic violence as it promotes equality between women and men. The presumptive and mandatory arrest policies generated by the paper concerning police and the domestic violence are significant in addressing the issue of domestic violence in general. The article sums up to the body of knowledge in that the ideas presented are crucial when it comes to managing the matters of violence both domestic and other abuses of power in the society. The article also generates knowledge to the police and those who deal with criminal injustice on how to go about procedural and due process of law violation. It elaborates the times when police officers are not oblige to protect domestic violence victims constitutionally. The article addresses the objectives clearly as the issue of domestic violence is clearly depicted, and the relationship between the police and procedural arrest to domestic violence perpetrators is clearly presented in the article. The confiscation of firearms is presented clearly where the police cannot confiscate firearms which have been used. For example, discretion of confiscating the firearms was reported in Green Versus of New Philadelphia (2004), Hawkins versus Eslinger (2008) and Sheets versus Mullins (2002).The statement of the problem is well structured and relevant to the study. It is also significant to the study. Relationship to the literature The study is significant and it demonstrates adequate understanding of the literature that is relevant to the study area. Although the sources that are cited are relevant to the study, the sources are not adequate to cover the topic and thus some information significant to the study may not have been captured. However, sources like the book by Koss et.al, 1994, La Violette and Barnett, 2000 which explains the domestic violence are relevant to the study. The domestic violence explained by the sources relates to myriad of behaviors which includes isolation, threats to children, intimidation, and economic control among other behaviors (Durant and Miguel 327). This knowledge leads to creation and generation of ideas that assist in understanding control of violence. Dobash explains that violence is normally perpetrated against men, women and even children, and the perpetrators can be either of the gender. The sources concerning police arrest generates important knowledge that assist law enforcement unit to deal with violence victims. Methodology The paper’s argument is well built on the base theory as the theory of Lexis Nexis querry of due procedural and substantive process is geared towards the police. The Case citation for Town of Castle Rock v. Gonzales (545 U.S 748) presents concept and ideas which are relevant to the topic of violence. The theory explains how the concept of violence came into being and how the police can deal with violence perpetrators without any bias or generating damages to the individuals in the process. The inquiry on the theory generated a total of 27 decisions which are relevant to the matter of domestic violence and how to handle it appropriately. The equivalent intellectual work based on the paper is relevant and thus the designed is well presented. The Lexis Nexis query of procedural and substantive due process is appropriate to the study as it presents quick analysis of the domestic violence and procedures of dealing with them. Results The results concerning the domestic violence and the liability of the police are presented well. These results enumerate the issues of domestic violence. They also highlight the reasons why the police are sometimes liable to the damages caused in the process of trying to arrest and deal with domestic violence perpetrators. The results such as empty promises to the violence, inadequate response to 911 calls for assistance, weapon confiscation and the judicial interpretation of domestic violence laws and statutes are relevant to the study. The conclusion ties together the issues of domestic violence and the police liability to damages in the process of arrest of domestic violence perpetrators. Implication for research, practice and society The research is relevant to the society in that it explains the importance police, domestic violence and how domestic violence is controlled in the society. It links the gap between the theory and practice and explains the reasons why police become liable to damages in the process of dealing with violence and how their efforts can be effectively utilized. The research can be used in teaching institutions to provide ideals on how to tackle domestic violence and the police can get insight on how to deal with violence perpetrators effectively. Quality of communication The communication is appropriately used and relevant to the journal readership. However, the jargons used might not be understood by other users of the journal. Limitation and future study The study does not provide limitations, however; the limitation might collection of information where, all the information concerning the violence might be captured. The relevant institutions might reveal the required information concerning the extent of violence, number of victims and how the police take it when they cause damage in the process of arresting the perpetrators. Further studies can be done the extent of how men face domestic violence in their matrimonial homes. Works Cited Frantzen, Durant, and Claudia S. Miguel. "Mandatory arrest? Police response to domestic violence victims." Policing-an International Journal of Police Strategies & Management 32.2 (2009): 319-337. Print. Summary of the Article 2 The article introduces a research-based factual analysis of the deaths associated with domestic violence in the US. The author starts by explaining how domestic violence is attributable to suicide and homicide. The author’s argument on the domestic violence and related deaths are based on research reports and articles documented on the study topic. At the introduction of the article, the author starts with a quotation on the need for a thorough examination of the underestimated domestic violence. The 2003 Massachusetts Domestic Violence Report, the author’s source of the quotation, confirms that the research cannot claim to have identified all the domestic violence homicide incidents. The claim excludes the associated domestic violence suicide. Through this, the author makes a justification of the underestimation of domestic violence associated deaths and thus validates the need for an objective investigation into the matter of domestic violence in the US. The US domestic violence issue is multifaceted and more complex than it was thought of. Consequently, various organizations and researchers concerned with this issue fail to identify the tragic scope and impact of domestic violence in the US. Introduction There is no doubt that the article deserves publication as a scientific article. Cases of domestic violence, homicide and suicide in the world today are in the rise despite the various efforts put into place. As the articles reveal, intimate partner issues precipitate up to 30% of the suicides committed in the US. The severity of the problem led the 110th house of congress to raise awareness on domestic violence. However, the author of the article brings into readers awareness that, the efforts of the 110th house of congress are deemed to fail because of their neglect on men as potential victims of domestic violence. The article is original in its idea of the need to incorporate men in domestic violence issues as they are potential victims and are not the ultimate cause of the menace as connoted (Davis 46) An attempt deemed to address a problem or reconcile a conflict between two or more parties will always be likely to succeed if it is inclusive. An inclusive approach to problem solving requires that the various stakeholders points of views need to be considered in an attempt to mediate their problems. Neglecting men in an attempt to solve domestic violence problems and yet they are stakeholders is practically wrong. This study proves practically helpful and adds to the knowledge the need for men inclusion in domestic violence bracket as both victims and stakeholders. Policies on domestic violence are usually passed but with little concern on men, therefore, this study can serve as a basic justification in reviewing such policies. The objectives of the study are addressed clearly since they are specific, measurable, and accurate and time bound. The problem statement is clearly explained and adequately addressed by the literature documented in the article. The implications of policy making as addressed by the article are justifiably developed because they result from the study problem. Relation to literature The article relates to relevant literature in that it gives a chronology of literature on the prevalent thinking on domestic violence and its associated deaths in the US. For instance, the article gives the following description and analysis of literature on the topic. Domestic violence is more widespread and injurious to the health of men and women beyond the previous thinking. The violence against of women and children is thought on the context of the feminist ideology, which depicts that such violence originates from the use of force with the aim of taking control. It is from this feminist ideological point of view that the article identifies that the scope of domestic violence in the US is underestimated. This is a reputable way of identifying a research gap from existing literature. The literature in the article is justifiable enough on the explanation of the existing thinking on the victims of domestic violence. The argumentation of the existing knowledge on the topic based on the literature of the article is representative and reputable as the author describes the situation further. Right from the various researchers of domestic violence to the National Coalition Against Domestic Violence (NCADV), an organization recognized as the national voice in the US for the organizations against domestic violence, the feminist ideology is evident. It makes them blind to the wider scope and impact of domestic violence. NCADV itself has its goal as protecting women and children against domestic violence. This, therefore, connotes that, the victimization of domestic violence is limited to women and children and the exclusion of men in their protection means that men are the culprits of this violence. This is the conclusive part of the literature because it depicts the connotation of the vocal organization concerned with domestic violence in the country. It is from this literature that the author makes a clear justification of the possibility of the existing knowledge on the victims of domestic violence to be erroneous and misrepresented. The article covers a wide source of literature on domestic violence and its effects. The coverage includes a clear analysis of the various documented researches and reports on the topic of domestic violence. Methodology The study incorporates both qualitative and quantitative research design and uses the existing literature and data as the basic source of data for the study. The argument of this paper is based on existing ideas and concepts concerning the topic on domestic violence and its associated deaths. The concepts and ideas are clearly identified and represented in a chronological order, proving the well employment of study methodology. The flow of the literature and its concepts is an evidence enough to show the existence of equivalent intellectual work in the article. Results The chronological presentation of the ideas of the concepts depicted in the research topic is a clear indication of the presentation and analysis of the results of the study. As the author concludes the paper, the various concepts are tied up with the conclusion as the author redirects the readers to referring the validity of the data to the listed references. Implications for the research The results of the study clearly identify policy making as the implication of the study in society. The study objectives are relevant as it bridges the gap between the existing concepts on the topic and the practice in the society. The knowledge garnered from the study can be put into use in revisiting and making policies concerning gender violence. The implications are consistent with the findings and conclusion of the paper in that they affect directly to the practices and the existing knowledge on the topic of study. Quality of communication No doubt that the language used in the study is scientific and academically credible for publication. The technical language of science is expressed empirically and explained in a language relevant to the readership of the social journal. The author shows evidence of clear attention on the clarity of expressions and readability of the sentences and the entire text. Limitation of the study The study does not clearly state its limitation. The study is limited to the various cases documented concerning the US. It is also limited to the existing literature which the author considers not effective in terms of scope coverage. \ Works Cited Davis, Richard. "Domestic violence#related deaths." Journal of Aggression, Conflict and Peace Research 2.2 (2010): 44-52. Print. Read More