Image from Google Jackets

Domestic violence : barriers in the justice system Goldsbury, Kay

By: Material type: TextTextAnalytics: Show analyticsPublication details: Hamilton University of Waikato 2004Description: 46 leaves ; 30 cmOther title:
  • Honours dissertation
Subject(s): DDC classification:
  • 345.04
Summary: This dissertation explores the barriers in the justice system that prevent the perpetrators of domestic violence from being held accountable and the victims from being protected from further violence. It also evaluates the changes that have been made in policy and legislation over the last 20 years. The first two sections look at the attitudes and practices of police and prosecutors. Traditionally these groups have not treated domestic violence as seriously as other violence and this has resulted in the introduction of pro and mandatory arrest and prosecution policies. The third section covers barriers in the criminal court, including evidence issues, the role of lawyers, and barriers faced by battered women who kill their abuser and thus become a defendant in the court process. The final section looks at the civil court and the domestic violence legislation that was introduced into New Zealand in 1995. The author notes that changes in policy and legislation have helped to reduce the barriers and improve the awareness of domestic violence as a serious issue. However, research and case law show that there are still cases where the violence is overlooked, the batterer is not held accountable, and the victim is not protected from further violence. The paper concludes that the discretion in the justice system should be reduced even further and suggests that domestic violence education should be a significant and compulsory part of all training programmes for those in the justice system.
Holdings
Item type Current library Call number Copy number Status Barcode
Thesis / dissertation Thesis / dissertation Vine library TRO 345.04 BAR 2004 Copy 1 Available A00672319B
Thesis / dissertation Thesis / dissertation Vine library TRO 345.04 BAR Copy 2 Available A0066863AB

Dissertation (LL.B. (Hons.))

This dissertation explores the barriers in the justice system that prevent the perpetrators of domestic violence from being held accountable and the victims from being protected from further violence. It also evaluates the changes that have been made in policy and legislation over the last 20 years. The first two sections look at the attitudes and practices of police and prosecutors. Traditionally these groups have not treated domestic violence as seriously as other violence and this has resulted in the introduction of pro and mandatory arrest and prosecution policies. The third section covers barriers in the criminal court, including evidence issues, the role of lawyers, and barriers faced by battered women who kill their abuser and thus become a defendant in the court process. The final section looks at the civil court and the domestic violence legislation that was introduced into New Zealand in 1995. The author notes that changes in policy and legislation have helped to reduce the barriers and improve the awareness of domestic violence as a serious issue. However, research and case law show that there are still cases where the violence is overlooked, the batterer is not held accountable, and the victim is not protected from further violence. The paper concludes that the discretion in the justice system should be reduced even further and suggests that domestic violence education should be a significant and compulsory part of all training programmes for those in the justice system.

nz