Violence can be prevented, but not stopped; so why do people think that intimate partner violence can be stopped? That is the dream. Unfortunately, just like how a thief is not going to stop stealing because he could go to jail, an abuser is not going to stop abusing. All we can hope for is to be able to protect the victims after the violence and try to help them persevere. Prevention is important, but it is also important to know what the Canadian Criminal Justice System is doing to protect the victims. This paper discusses intimate partner violence (IPV) and the protection of victims by the Canadian Criminal Justice System. Protection orders, services, Criminal Justice System responses, and victim responses to the Criminal Justice System will all be examined. Couples who are in “intact relationships and possibly living together” are seen as less dangerous than split relationships; but police officers, contrary to their training, believe the opposite of this (Dawson & Hotton, 2014, p. 677). Police believe that the best way to avoid endangerment to someone, is to remove the threatening individual — usually by arresting them (Dawson & Hotton, 2014, p. 677). This is the first thing that the Criminal Justice System (CJS) can do to protect a victim. In Canada, we have multiple organizations within the community …show more content…
Therefore, responses to intimate partner violence by the Canadian Criminal Justice System regarding victim protection are extremely important. Over the years significant changes have been made, but there is still a long way to go. Victims of intimate partner violence do not view the justice system as comforting and empathetic (with exception of a few); and so, when they are in need of protection, they may not feel that they can get it. This needs to change. Our Criminal Justice System needs to further research and understand the needs of victims and address it. Serve and
The Canadian criminal justice system is often represented by the balanced scales of justice. These scales symbolize the need for the law to be viewed objectively in order to ensure a fair determination of innocence. Ideally, the criminal justice system should incorporate the values of the scales of justice to control crime and impose penalties on those who violate the law (Jordan, 2014). When dealing with crime, this system mainly uses methods of retributive justice in order to achieve its goals. However, despite justice being supposedly impartial, there is an overwhelming amount of injustice in all stages of the criminal justice process, from the charging of the individuals in court to their sentence in prison (Jordan, 2014). To combat this
Brownridge, D. A. (2003). Male Partner Violence Against Aboriginal Women in Canada: An Empirical Analysis. Journal of Interpersonal Violence, 18, 65-83. Retrieved f rom DOI: 10.1177/08862605 02238541.
Intimate partner violence has been a significant issue for centuries in all countries. "Since 1974, nearly 2,600 spousal homicides have been recorded in Canada" (Bunge, 2002). Of these homicides, more than three-quarters have been against women. Although through feminism and the women's liberation movement, there has been a slight improvement in the incidences of violence against women, there has also been a drastic change in the perception of the issue by society. After reviewing the most recent literature on violence against women and victimization through intimate partners, it has become prevalent that there are now two crucial stances that are taken. The first position is that of the women being victimized as the
For centuries domestic violence has been perceived as a private matter private of which the government has not been concerned about nor was it considered the government’s business to intervene on behalf of a battered spouse. The unlawful nature of this failure for state or federal government intervention against this crime contributed to the systematic abuse of women in the family. The traditions, customs, and common law found in both British and American societies continued right up until the last decade of the 20th century and left the battered wives and very frequently, her children, at the mercy of the husband. It wasn’t until the 1990’s when the government began to do something to protect mothers, wives, and lovers from intimate
Out of the shadows and into the limelight, the once hidden crime of domestic violence has recently emerged within the Australian community as a widespread criminal issue. This abuse of power occurs in a relationship when one partner attempts to physically or psychologically dominate and control the other. Inflicting physical harm upon another human being is undoubtedly a breach of the criminal law, yet the Australian legal system takes little measures to protect the wider community from this type of violence. According to Family Lawyer Richard Ingleby, domestic violence has often been condoned by the legal system due to the fact that assaults occur in the ‘private’ realm of the home where legal measures are regarded as inappropriate, and interventionist. However, by overlooking domestic violence as a criminal offence, does the Australian legal system fail to adequately protect the family unit from this form of violence? Recent studies from the Australian Bureau of Statics have revealed that 23% of women who have ever been married or engaged in a de facto relationship have experienced violence by a partner at some time during the relationship. Due to the secrecy that once surrounded this kind of abuse, victims often feel unable to speak out and seek help, therefore even large surveys cannot provide accurate estimates of the extend of domestic violence within the Australia community (Domestic Violence and Incest Resource Centre, 1998). Despite the high incidence rate of
The Canadian criminal justice system consists of multiple roles in order to sustain a well-working government system. The system is put in place in order to keep safety, equality, peace and fairness. There are four main functions of the criminal justice system that are interrelated segments that help protect a society from crime. The criminal justice system consists of policing, courts, corrections and parole. The component of the Canadian Criminal Justice System that will be discussed is about the process and function of the courts.
Aboriginal women more often prosecuted of both sole and dual arrested women. They concluded that dual arresting women is a cause for concern because only 19% of the cases are prosecuted. Leniency from the court is concluded to be greater for women than men because only 30% of female intimate partner violence cases go to trial while 53% of male intimate partner violence are prosecuted. The first limitation given is that the cases only come from one jurisdiction, so it cannot be generalized to other areas. The next limitation is that only female cases were examined and same-sex intimate partner violence cases were excluded. The
Article 1 focused on two key questions; ‘does the decision to imprison differ between domestic and non-domestic violence cases when perpetrators are sentenced under similar circumstances’ and ‘whether domestic violence perpetrators receive prison terms similar to non-domestic violence offenders’(Bond & Jefferies 2014, p856). The research relied on adult lower court data. The results from a sample of 64,238 cases found that domestic violence cases differ significantly from non-domestic violence cases, on most characteristics. Offenders in domestic violence cases are on average older, more likely to be indigenous and less likely to be female. Judicial use of incarceration is slightly (but statistically significant) higher in domestic violence cases compared with non-domestic violence cases, of
This essay will critically analyse the significant changes that have occurred within domestic violence which is viewed as a vital subject within the criminal justice system. It will explore the way that domestic violence has progressively become a concerning issue in the criminal justice system from being relatively acceptable in recent history. In addition to this, the essay will explore legislation changes in relation to domestic violence and how the police have arguably been forced to change their attitudes towards a problem that was once thought of as a private regard. It will critically analyse the theories put forward as to why domestic violence occurs in today’s society. It will explore the weaknesses within the criminal justice system, especially the police in regards to domestic violence, the police previously viewed domestic violence as a matter of which they should not get involved. However as mentioned in the essay, after many reviews within the system, many improvements have been made to help protect the victim.
As a Canadian, we have many rights and responsibilities. They include the Charter of Rights and Freedoms, digital rights and responsibilities, and Youth Rights. The charter of rights and freedoms apply to everyone in Canada. The digital rights apply to the information on the internet. And youth rights apply to the youths in Canada who have committed a crime. This chapter will explain these rights, responsibilities and freedoms in a greater depth, and explain the different levels of the Judicial system of
Domestic violence and sexual victimization is not just a national problem but an international and global issue that has no boundaries and no borders. This is also consider a public health concern that have crossed many generations and last a lifetime, still exist. This is a concern not just about women, but men, teenagers and children involved. It’s all about maintaining power and the control over the other person. Domestic violence takes place in all types of intimate relationships, not just within the same sex partner, but also females, dating or married partners, even between past or current relationships. This could be in forms of physical injury, verbal, emotional abuse, psychological trauma, economic, religious, sexual abuse and worse
Domestic violence happens when the abuser thinks the abuse is acceptable or the abuser feels he/she is unlikely to be reported. There are many reasons someone may stay in an abusive relationship. The victim may feel trapped through isolation, power and control, fear, shame, or to protect children. Domestic violence can also be called Family violence, relationship violence, or Interpersonal violence.”Family violence includes many different forms of physical and emotional abuse,as well as neglect carried out by family members or intimate partners. It may include a single act of violence, or a number of acts that form a pattern of abuse. Family violence can have serious-and sometimes fatal-consequences for victims and for those who see or hear the violence.”(Government of Canada; Department of Justice; Electronic Communications. “About Family Violence.” Government of Canada; Department of Justice; Electronic Communications, 26 July 2017, www.justice.gc.ca/eng/cj-jp/fv-vf/about-apropos. html) All these forms of violence are a pattern to either gain or maintain power and control.
By far one of the biggest ways in which the legal system has responded to violence against women is by combining with the government to create and launch the ‘Violence Against Women, Australia Says No’ campaign. This is a campaign to raise awareness of the issues of domestic violence and sexual assault in Australia. A 24 hour help line has been set up and there are numerous advertisements, particularly on television, to advertise these issues and encourage people to report such incidents and receive practical assistance to people wanting to change violent behaviour that they are experiencing.
Domestic violence has been a main issue throughout history, and all over the world, abuse has been recurring on children, the elderly, women, and even men. However, a significant portion of domestic abuse cases are seen against women. Globally, women are facing struggles physically, socially and mentally because they are constantly being abused by men and significant others since it can be done by their female partner or even their parents/in-laws. In the past few years, the issue of domestic violence has gained the attention for research; studies have shown that it is a global issue that impacts negatively on the social and health status of individuals, women in particular. A survey of domestic abuse in Canada signifies that 29 per cent of married women have been abused by their partners at least once (Nwosu, 2006). However, there are several services that contribute towards preventing abuse against women. There are public interest groups and social workers who provide to solve these issues. Citizens who want a change in the society form a public interest groups that is providing for the whole community. Public interest groups promote issues that are affecting the society. Likewise, social workers are involved in women’s issues as they are playing a part to decrease the inequality that is becoming more perceived. They are doing this by counselling women and men, hence guiding them on the right path. Correspondingly, in politics it requires equal participation of both
By touching upon the feminist theory approach, this paper criticizes the patriarchy society and discusses how feminists faced many obstacles along the way since the mid 20th century. To better understand the violence against women, Abraham and Tastsoglou (2016) look at the micro, meso, and macro levels of this issue. Women who were victims of domestic violence were discriminated based on gender roles and stereotypes; hence why they started the anti-violence movement to promote pursuit of equality and justice in the society. This feminist movement successfully gained the support of the state and the criminal justice system in both the US and Canada. Also, there has been many different organizations, policies and legislations made for supporting victims of domestic violence. However, this paper also argues that not all women who are victims of domestic violence get involved with the criminal justice system, due to their dependence on their partner or other insecurities. Therefore, the paper states that there must be other policies and strategies put in place to deal with this issue more in-depth. Women from lower social class, minorities and immigrants are shown to be more likely to be victims of domestic violence. The article discusses the steps taken by the feminist groups as well as the state to address these issues.