Domestic Violence as a Separate Criminal Offense - Report Example

The Case for making Domestic Violence a new and separate Criminal Offense Executive Summary This report will discuss why it is recommended to make domestic violence a separate offense in British law. As part of the discussion, different dynamics surrounding the topic will be covered. These include factors affecting efforts to reduce cases of domestic violence in the United Kingdom, why domestic violence is a serious concern for British leaders, and the lessons the UK can take from other countries that are grappling with the same problem. Relevant recommendations will be provided and then, finally, the paper will be concluded with a reflection on the subject matter and the issue covered. Introduction In July 2014, United Kingdom’s Prime Minister, David Cameron, promised to make domestic violence a separate offense as part of his government’s commitment to tackle social challenges facing UK citizens. Although some critics felt that Cameron was using a national problem to generate political mileage, the fact that he felt the need to address the issue is evidence of the country’s worrying trends of domestic violence. Domestic violence is not just a concern in the UK. Other developed countries have also found the issue both sensitive and difficult to address because of the numerous perspectives it generates. In spite of this, UK politicians and leaders have taken steps to ensure that domestic violence is brought to a definite end. Some measures have been highly effective while most have been unsuccessful. However, the latest move aimed at making the vice a separate criminal offense seems to possess a lot of potential to improve the situation, and that is why it warrants assessment in this paper. Thesis Statement: Making domestic violence a separate criminal offense would facilitate efforts to reduce cases associated with the crime. Discussion Across the world, different countries have solved various social crimes by giving them greater legal attention. This involves, specifically, defining such crimes in the most explicit legal terms so that they are understood by both the judicial system and members of the public. The best way to do this is through amendments, which allow legislators to make changes to existing laws so as to accommodate new provisions that improve the effectiveness of anti-criminal measures. In the United States, for example, several amendments have been made in the areas of gun control and gender balance in order to reduce crimes associated with the two aspects. Domestic violence is prevalent in almost all countries, but different strategies have been used to control it. Making the crime an independent offense is highly beneficial to the UK’s attempts to address the problem. This is informed by several reasons, each of which pertains to a particular dimension of domestic violence. Firstly, it has become increasingly evident that law enforcement officials lack both the understanding and the powers to deal with domestic violence cases. Secondly, it has also been determined that the public, especially victims, have a narrow understanding of what domestic violence entails, and that is why they face a lot of challenges when reporting violations associated with the crime. Finally, the government allocates limited resources to addressing domestic violence cases, showing that it is not given the attention it deserves. The three reasons illustrate why it would be in the best interests of all stakeholders for domestic violence to be given a distinct legal definition, standing, and approach. It is worth noting that this is not a new strategy that requires extensive research to implement. History has shown that social problems are easily tackled if they are treated in the same manner. For example, in the United States, the government has been fighting drug-related activities by enacting legislations that specify the use and sale of drugs as crimes that carry harsh penalties for guilty persons. At the start of the war on drugs, for example, possession of marijuana was a criminal offense which was included in the broader legislation targeting peddlers. With time, however, the government realized that members of the public abused this statute by maintaining possession of the drug in their homes, cars, businesses premises, and person by taking advantage of the fact that there were no legal implications for individuals who were not interested in selling the drug. In response, the federal government enacted new legislations that made the possession of marijuana illegal, regardless of whether one was intending to sell it or not. These legislations were strengthened to make them clear and distinct so that members of the public and law enforcement officials would have no excuses for misunderstanding the issue. A similar approach is overdue in the United Kingdom with respect to domestic violence. Domestic violence is not limited to violence per se as majority of people assume. Threats, whether made verbally or in writing and any form of emotional abuse also falls under domestic violence, but they go unpunished because most victims and law enforcement officials think that they are not associated with violence. If the UK parliament were to make domestic violence a distinct crime and then include these acts as clauses in any enacted act then neither the police nor members of the public would use ambiguity to justify miscarriage of justice. The biggest beneficiaries would be victims of domestic violence, who are often denied justice because of poor interpretation of laws pertaining to the crime. On the other hand, the biggest “losers” would be perpetrators of the crime, who would no longer exploit the ambivalence of the law to their advantage. Although this strategy is reactive rather than proactive, its effectiveness cannot be doubted. To make it even more effective, the government should “normalise” it as much as possible. That majority of UK citizens understand education acts and clauses more than domestic violence legislations is not only a failure on the part of the government but an injustice to victims of domestic violence. Students, legal practitioners, law enforcement officials, members of the public, and government officials ought to have a good grasp of the meaning of domestic violence and the legal dimensions associated with the crime. In 2014, the United Kingdom’s Law Commission suggested that the country should create a specific criminal offense to address incidents of domestic violence. These sentiments were later supported by Yvette Cooper, Labour’s shadow home secretary, who argued that the enactment of an offense aimed directly at dealing with domestic violence cases is the least that victims and the judicial system deserve. Implementing this suggestion would ensure that any new crime would be a reaction to common concerns that domestic violence is poorly policed. In addition, it would notify social welfare services in future to the aspect that an individual had a record of violence against others. Besides the misconceived latency in all unnecessary acts of violence, domestic violence entails crimes specific to it. These include violation of trust and the damaging of the piety of a relationship. It is also worth noting that the prosecution of domestic violence incidents is instrumental in correcting the imbalance of power between men and women. When supported by separate new clauses on minor assaults and the transmission of infectious diseases, a separate offense on domestic violence would also help to shatter the widespread myth that domestic violence is largely a crime against family relationships that is different from “real” acts of violence. The current provisions on domestic violence are archaic at best, and that is why prosecutions of cases of domestic violence are not increasing despite an increasing in criminal activities. Legal concepts such as misdemeanor and felony, which are included in domestic violence jargons, are statutorily outdated and play a major part in the decline in the number of prosecutions of domestic violence incidents. At the moment, UK domestic violence laws include almost obsolete violations like “impeding escape from a shipwreck”. Recommendation Conclusion References Read More