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M930 Criminology And Law
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M930 Criminology And Law
0 Download5 Pages / 1,227 Words
Course Code: M930
University: Coventry University
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: United Kingdom
Questions:
1. What theories will you draw on to explain why this crime or harm occurs? OR 2. What theories will you draw on to explain why this approach or response has been taken?
Answers:
Contemporary concern
The Crime Survey for England and Wales (CSEW) provides an estimation of the male and female victims of domestic violence which include threats, force, physical abuse, sexual assault, stalking and such others. It has been estimated that 7.3% i.e. around 1.2 million women and 713,000 men have suffered domestic violence in the year 2017. The domestic violence accounts for 8% of the total crime, 33% of assault with injury and 49% of the total recorded crimes related to harassment.
Despite civil and criminal provisions for severe punishments to the offenders, the crime rate is not reduced to a commendable extent. In spite of the efforts being made by the government, by launching various legislative proposals, the rate of domestic violence is still not under control.
Comparison
In this context, England and Wales will be compared with the legal provisions in the US regarding domestic violence. It has become a contemporary concern in both the countries in spite of lots of efforts being taken by both the countries in this regard.
Nature and extent
The problem of domestic violence is a serious concern in both the countries as, along with victims their whole families and children get disturbed because of the violence.The civil and criminal remedies are in existence for sufferers of domestic violence. In England and Wales, section 76 of the Serious Crime Act 2015 criminalizes the forms of intimidating conduct wherein, they are committed against close partner or family member. Despite such legislations, 82 women and 13 men were killed by a partner or former partner in 2016-17 in England and Wales. The cases remain unreported to the police because of various reasons such a fear among victims for not being believed, no place to go, intimidation and such others.
The criminal offences applied to this range include rape, murder and manslaughter through assault and threatening behaviour. In a similar manner, civil procedures include non-molestation orders, domestic violence protection orders and occupation orders. Furthermore, the Protection from Harassment Act 1997 provides civil as well as criminal remedies which include non-harassment and preventive orders.
According to the British Crime Survey Statistical Bulletin, 1 in 4 females and 1 in 6 males are affected in their lifetime, which accounts for 16% of all the violent crimes; however, such a violent crime is still least reported to the police. It has also been assessed that domestic violence prices for £23 billion every year, which include costs to the justice system, to healthcare, social maintenance and to housing.
From the point of view of National Statistics Domestic Violence fact sheet, around 20 peopleare substantially abused by their intimate companion in the US every minute, which becomes around 10 million people including males as well as females in a year. The range of domestic violence includes rape, murder, children and domestic violence, economic impact, physical and mental impact. However, in US, the violence against women is focused more upon and there is an office on Violence against Women that does not provide services directly to general public but, there is national hotline numbers, which can be accessed in the situation of emergency. In US, the domestic and family violence laws of the jurisdiction provide protection against domestic violence.
Explanations
As rape, assault and cruelty is various forms of violence against women along with domestic violence, and the common elements of violence against females are gender and power. The feminist theorists believe in feminism which means a movement for complete equality between males and females per day. Another is individualist approach wherein, problem is located within the individual understood from the point of view of individual preferences, features, interests and many more. Neo-Darwinism, Machismo cultures & approval of male violence, Battered women’s syndrome or learned vulnerability approach has been developed as a feminist explanation to assist females to recognise the changing aspects and influence of domestic violence. This theory is considered as reductionist and vulnerable to be misused because it does not comprisesensible social, cultural and economic preferences which might lead to the judgment of the victim to stayin relationship with their culprits.
Women-blaming explanations usually rely on supposition of gendered roles prospects of improper behaviours of female in performing her duties towards family and husband. The propensity to blame the sufferer has strongly predisposedthe way of psychological analysis, which led the researchers to search for the clarification for doer of violence to become a victim.Another theory known as Male pathologies, consider domestic violence as the deviant behaviour of psychologically disturbed males and their personality characteristics include lack of empathy, narcissist and prone to rage.
Furthermore, familial or system approaches consider domestic violence to be as the reason behind conflicts between family or systems and it suggests that behaviour of a member of a family is influenced by the reactions and opinion of other members.
Responses
The traditional view to domestic violence was that it was a domestic or private matter and not a police matter. However, legal view is different as 93,590 prosecutions of domestic violence in the year 2017 have been successfully resolved.
After going through the literature and explanation part of the report, it has been realized that the main reason behind domestic violence being uncontrolled whether in the US or England and Wales is the lack of strict provisions in jurisdictions of all the countries. It has been realized that in England and Wales, there is still provisions of punishment in civil as well as criminal law but in the US, there is no such provision in criminal law.Therefore, on the basis of theconclusions regarding explanation and mechanisms, the major interventions will be presented and critiqued and the emphasis would mainly be on:
Analyzing the criminal procedures for domestic violence in both the countries
Analyzing the civil procedures for domestic violence in both the countries
To evaluate the civil and criminal procedures for the sufferers of domestic violence not only for females but for males and children victims as well.
The theoretical mechanism will be outlined and the relevant research evidences will be assessed.
Learning Outcomes
It has been identified that the government strategy for ending the violence against individuals is effective in England and Wales as well as in USA. Further assignment will be focused on the efforts made by government by making civil and criminal provisions in this regard.
Bibliography
Government of Scotland, ‘Theories Used to Explain Male Violence against Women Partners and Ex-Partners’ (The Scottish Government, 2006)
NCADV, ‘National Coalition against Domestic Violence’ (Ncadv.org, 2018)
National Organization for Women, ‘Violence against Women in the United States: Statistics’ (Now.org, 2018)
Shodhganga, ‘Theories and Causes of Domestic Violence’ (Shodhganga.inflibnet.ac.in, 2018)
Speakcdn. ‘Domestic Violence’ (Speakcdn.com, 2015)
Strickland PG Allen, ‘Domestic Violence in England and Wales’ (Researchbriefings.files.parliament.uk, 2018)
U.S. Department of Justice, ‘Domestic Violence’ (Justice.gov, 2018)
W-Fowler A, ‘Domestic Abuse Statistics’ (Lwa.org.uk, 2018)
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