The Impact of Domestic Violence Cases in the Criminal Justice System: Is Justice Being Served?

ABSTRACT

Domestic violence is a social phenomenon that has substantial impacts on both genders, and the criminal justice system strives to contain it. According to Kaur, R., & Garg, S. (2008), domestic violence is a physical, psychological, sexual, or economic forcefulness that transpires inside an intimate or family-related and develops an outline of harsh and guiding behavior. Similarly, domestic violence is one of the most insidious predicaments that society faces, especially in familial relationships. In England and Wales, for example, police take a call on domestic violence every minute, depicting the widespread acts of violence. This paper seeks to establish how courts deal with domestic violence cases and whether the penalties are sufficient to act as deterrence against domestic violence.

Furthermore, the paper also takes a critical analysis of the effectiveness of the American Legal System in handling domestic litigations. According to Thornberry, Roberts & Burrill (2010), jurisdictions have been developed to establish courts that focus on domestic violence to guarantee follow-through on issues, support domestic violence fatalities, and hold criminals answerable, with the help of the justice systems as well as the community service agencies. As a result of focusing on domestic violence crimes, these courts intend to practice cases more professionally and distribute more reliable rulings concerning domestic violence ruling.

             Keywords: Domestic violence, sexual forcefulness, domestic crimes, psychological abuse, physical abuses, legal court system

CHAPTER ONE

1.1  Introduction and Background

Domestic violence is considered a severe societal problem and legal reforms brought forward in the past few decades have addressed. Some Jurisdictions have created courts dedicated to solving domestic violence cases. According to Erez (2002), women make the largest group of domestic violence victims; this is because of the vulnerable nature of women that makes it less challenging to be violated both in the home setup and also outside the home. Substantial evidence indicates that among married couples, women form the most significant part of violent domestic victims; they face distinctive difficulties in access to the legal court system (Neubauer, & Fradella, 2018).

Domestic violence initially was taken lightly and until the increase in recent cases that aided in its emphasis. It follows the statistics that most men batter abuse and mistreat their wives or intimate partners for the prolonged period leading to deaths and other severe compilations amongst the victims (Goodmark, 2013). The law identifies domestic violence as a crime, and due to the recurrence of domestic violence, specialized courts for domestic violence have since been established to enhance victim safety as well as putting in place defendant accountability. Other than establishing the courts, the justice systems in the United States have responded to the offenses through the Federal Violence Against Women Act. One of the responses includes mandatory arrest laws, increasing the funding service for the victims as well as creating a specialized domestic violence prosecution and police units (Goodmark, 2013). Prior research indicates that domestic violence arrests have increased in many law enforcement departments after the implementation of mandatory or pro-arrest laws and policies. Arrest rates from data collected in the 1970s and 1980s were generally in the 7% to 15% range. These rates, however, have been observed to be 30% or higher (Hirschel, D., Buzawa, E., Pattavina, A., & Faggiani, D. 2007).

Integrating Domestic violence courts, especially in the United States of America, is a fulfillment of the Western State University Law review in response to the apparent situation of process domestic violence cases just like any other case (The National Institute of justice, 1978). Currently, the nearly 300 courts nationwide in the United States have been developed in the ability to enhance unique processing mechanisms for domestic violence cases. The courts receive technical aid such as training of professionals engaged in these systems like lawyers, civil attorneys, expertise, and problem-solving strategies to meet the challenges of addressing sexual assault, domestic violence room- the center for court innovation which is funded through the office on Violence Against Women (The National Institute of justice, 1978). Developments of the courts in the United States have impacted domestic violence cases by promptly responding and handling each case. Introduction of the Violence Against Women Act (“VAWA”). This Act, and the 1996 additions to the Act, recognizes that domestic violence is a national crime and that federal laws can help an overburdened state and local criminal justice system. Since the Acts, the courts have initiated punishments such as jail time and a fine, which deter potential offenders from committing domestic crimes (Goodmark, 2013). The law has enhanced greater awareness of domestic violence and criminality, as well as the liability associated with it. For instance, between 2000-2002, 47 Federal defendants were prosecuted for engaging in interstate domestic violence in the United States, and 91% received a prison term of about 60 months, which is equivalent to five years (Durose et al., 2005).

The American legal system has developed specialized courts that advocate and prosecute domestic violence cases. Some states like California, Florida, and North Carolina have statutory have mandatory sentences and even compulsory monitoring for those convicted with domestic violence (Labriola et al., 2012). States such as New York have specialized courts and prosecutors to deal with issues of domestic violence. The advantages of specialized courts and prosecution systems are numerous. First, there is a higher level of consistency in the handling of these cases since judges and prosecutors have a comprehensive understanding of domestic violence issues and thus gain expertise with litigations as a consequence of the profound experience.

There has been an idea of having an Integrated Domestic Violence Court (IDVC) that helps solve a myriad of disputes in one courtroom. The advocates of this system postulate that victims can testify in a court and be helped to obtain child support in the same litigation. This idea first was implemented by the state of New York in 1996 when it became the first state in the USA to set in place such a court. Since the inception of the Brooklyn Felony Domestic Violence Court, no victim related to an open case has been murdered. Additionally, systems such as the 911 emergency call system where individuals can report incidences of domestic violence for a quick response have enhanced reporting. Closing on merits of the IDVC, Judges with a greater familiarity to a particular case enhance efficiency with regards to handling the case, which is dispense justice faster when the evidence is compelling.  For instance, in Erie County in New York under the Brooklyn IDVC, repeated domestic violence offenses were reduced by 10% (Helster, 2008). The system of combined courts has not been inclusively effective; many defendant rights issues have been raised, and victims have been required to cooperate with sometimes delayed prosecution process to gain civil relief.

Domestic violence was significantly viewed as a private matter it was seen as victimless as it did not disrupt the public order and thus was of little concern to the criminal justice system (Hartman & Belknap, 2003). However, criminal justice started treating it as an aspect that disrupted public order because of the cases occurring not only in the home but also in society. More significant progress was made when domestic violence started being given specific attention to IDVCs and dedicated litigators. Most  of the states in the united states have adopted the idea of specialized courts.

1.2  Problem Statement

Domestic violence in our world today encompasses the whole family setting. In this century, cases of men having their lives taken while their rights are deprived are progressive. It is assumed that the criminal justice department will provide the proper diagnosis or intervention for domestic violence offenses. Women, who are most affected by these violence cases, have in most times, been failed by the criminal justice system. The failure of justice not been served does not just occur in the courtrooms (Pitts and Kawahara, 2018).

Domestic violence is as much criminal justice flaw as it is a social concern. These two notions are inseparable but continuously directly related to bringing this crisis to an end. The issue of unclear legislation and policies regarding these violence cases is one weakness of the criminal justice system. Many are the times that domestic violence cases witness arrests, long and tedious court sessions, but fail to provide convictions (Pitts, and Kawahara, 2018). It is also complicated for most of the victims in these cases to obtain a permanent protection order, which is their right in bids to preserve their lives. In some instances, these departments fail due to the lack of proper documentation to present evidence to aid the judges during the proceedings to rule favorably. It can therefore not be assumed that the justice system is failing in many ways to address the dire need of the society in these cases.

1.3 Purpose of the Study

The aid of the study is to gain an understanding of the effectiveness of the criminal justice system concerning domestic violence. Preserving the institution’s reputation and credibility is perceived to be one objective of the criminal justice system. Domestic violence is a public health concern that entails a violation of human rights. Research findings by the World Health Organization (WHO) and the World Bank prove that domestic violence is at a crisis level and that still, the criminal justice system is failing in providing a diagnosis (Pitts & Kawahara, 2018). It has been ascertained that one in every three women in the world has been a victim of domestic violence. This reaffirms the need to develop the system. Many are the times that women are victims of forced, coerced physical or sexual violence. The court systems and police departments fail in providing convictions of the criminals as well as to effectively prevent these heinous acts in the confines of homes and private spaces.

The lack of well-trained officers, attorneys, and judges in handling these domestic violence cases is paramount in the flaws seen in the system (Weisberg, 2019). The police officers are found to be inexperienced, and forensic tools are, in many cases, deficient, insufficient, or not found in there at all. Expert units to effectively aid in the collection of evidence also lack. In some cases, due to mistrust and fear, many of the battered women will restrain themselves from testifying in courtrooms against their offenders (Herman, 2015). This issue even worsens the criminal justice effect as convictions can hardly be made lacking proper evidence from the victims.

1.4 Objective of the Study

The main objective is to verify and ascertain that the criminal justice system has failed in providing closure for the domestic violence victims and survivors. Every system has to check on the various ways in which it finds itself underperforming, as well as meet the risk factors present in providing reliable services. Another focus point lies in reviewing the results of the failure of the system. The parties responsible for the failure of the proper dispensing of responsibilities are also a factor that is worth looking into. The victims to be addressed in the ramifications process are also crucial in establishing the failures witnessed (Weisberg, 2019). The legislations and laws present hinder significantly in meting out justice, thereby provoking the public outcry and mistrust of the criminal justice system.

1.5 Research Question

Is Justice being Served? The pervasiveness of domestic violence, especially against women, is a concern that needs to be addressed. The criminal justice system’s failure to sanction the offenders with proper sentences is worrisome. The issue of laws been deficient in providing security and policies to affect prosecutions for cases of coercive controls, which eventually lead to a series of highly abusive behaviors, is also notable. The system is also failing in the provision of protective and restraining orders. The rise of the police departments’ failure to use their powers provided by the human rights watch and constitutions to tackle domestic violence, rape, and other forms of sexual abuse is also notable. The poor coordination of investigation agents and units is also prevalent in the failure of the justice system. The research problem seeks to address the issue of justice lacking in from the criminal justice systems in regards to domestic violence.

CHAPTER TWO

2.1 Literature Review – Introduction

Domestic violence refers to the physical, emotional, and economic friction that transpires within a family or an intimate set-up. The subjects of domestic violence include the wife, the husband, and the children (Des Rosiers et al., 2018). However, the society looks at domestic violence on the lenses of physical, economic, or emotional battering that is perpetrated by a spouse towards another spouse, harassment by way of unlawful dowry demands to the woman or her relatives. Looking at it from the lenses of criminal justice and law enforcement, justice on domestic violence can be dispensed on mainly four fronts. These fronts include reporting of the cases the arrests of perpetrators of domestic violence, availability of domestic violence support services, and the access to legal redress to domestic violence. The following is a Literature Review of the effectiveness of these processes in the American justice system.

2.1.2 Reporting Cases of Domestic Violence

As previously stated, an arrest is a critical part of the dispensation of justice for any form of a criminal offense. The police and law enforcement agencies are the first line of defense for victims of domestic violence. When one experiences domestic violence at home, the first step they should do is report the case to the law enforcement authorities (Des Rosiers et al., 2018). Given the complexity of the issue of domestic violence, the majority of the cases are not reported to law enforcement or community support services. The majority of the cases of domestic violence are handled internally and within the institution of marriage and friends. Gover et al. (2011) carried an experiment to determine the rate at which victims of domestic violence report their plight to the police, law enforcement authorities, and community support. The experiment was in the form of an interview and questionnaire. The experiment had a panel of 80 respondents responding to questions modeled to determine the reaction in the case the respondent was faced by domestic violence. The experiment found that 30% of the respondents consider domestic violence as a part of marriage as a result of the difference in character between the wife and the husband. 35% of the respondents claimed that they could tolerate an abusive spouse for the sake of their marriage. The rationale for this was that disagreements in marriage are part and parcel of the marriage arrangement.

Regarding their first response in the case that they are victims of domestic violence, 40% claimed that the first response would be to talk to friends and family of their spouses to find a domestic solution to the problem. 20% claim that they would stay with their spouses and attempt to mend things by themselves; a further 20% claimed that the first thing they would do is report to community support services police or law enforcement officers. The rest of the respondents claimed that they did not know what to do in the case that they were involved in domestic violence as victims. The results of this experiment show that it is more likely that a case of domestic violence goes unreported than it is reported.

2.1.3 The arrest of Perpetrators of Domestic Violence

Reporting cases of domestic violence to the law enforcement agencies is the first thing that victims of domestic violence should do. Once this happens, law enforcement officers should arrest the perpetrators and follow the due process that will enhance the dispensation of justice. However, according to Logan et al. (2006), law enforcers have bad attitudes towards male victims of domestic violence, which is they do not respond to the cases of male victims the way they respond to those of female victims. Police and law enforcement officers being the first line of defense for victims should provide an environment that makes the victims feel comfortable and safe when they report their cases. Logan et al. (2006) conducted research that was aimed at determining the attitude of the police towards male and female victims of domestic violence. The research, in this case, was based on the responses from survivors of domestic violence. The questions were framed in a way that enhanced determining how the respondents felt once they went to report their cases to the police. The panel of respondents was made up of thirty women and thirty men. From the analysis of the data from respondents, the researchers concluded that women received a better reception from the police once they went to report cases of domestic violence. Eighty percent of the female respondent claimed that the police gave them ample time to explain themselves when they came to export their cases. Of the total respondents, 60% claimed that there reporting led to the arrest of their husbands. On the other hand, men claimed that the police did not give them a good reception when reporting cases of domestic violence. Reporting cases of domestic violence by men portrayed them as weak. 60% of the male respondents claimed that faced with the same situation in the future, they would not report their plight to the police but rather walk away from their spouses. This experiment showed that women had a softer landing with law enforcement in as far as the environment provided during reporting than men (Fleck-Henderson, 2010).

2.1.4 Availability of Community Rescue Services

Rescue services are support systems in communities that provide shelter for domestic violence victims. From the information gathered from the research carried out by Gover, A. R., Pudrzynska Paul, D., & Dodge, M. (2011), it is clear that reporting to the police and law enforcement is the last option that victims take. Another option available is taking shelter in community rescue services. According to Campbell et al. (2012), community rescue services are mainly available for women, or rather men do not use these rescue services. The main reason for this is those societal retrogressive aspects that perceive men as family heads and decision-makers. A case where a man has been battered and taken shelter in the community rescue facilities portrays him as weak. Campbell et al. (2012) conducted a study to determine the likelihood of women and men to visit community rescue services to take shelter in the case of domestic violence. The research was used questionnaires administered to survivors of domestic violence. From the responses gathered from the panelists, it was clear that women felt much safer both emotionally and physically upon taking shelter in rescue facilities (Fleck-Henderson, 2010). However, men felt unsafe emotionally for seeking refuge in rescue centers; it shows that they are failing as men in their homes and families. For that reason, they are likely to either walk out of abusive marriage or stay and fight for the marriage. This means that rescue facilities are not fully utilized by men in communities because of the cultural expectations.

2.1.5 Dispensation of Justice in Judiciary

The dispensation of justice involves the Speed at which cases of domestic violence are handled in the justice system relative to other cases. It is important that the justice system accords the right penalty to perpetrators to deter criminal acts to help solve the problem of domestic violence in the communities and in our societies. Delays of cases of domestic violence in the court lead to the escalation of the problem. The problems associated with domestic violence begins way before the court stage. According to Epstein (2009), on average, a case of domestic violence in court takes approximately twice the amount of time other cases take to resolve. Epstein (2009) carried out research to determine the optimism that victims of domestic violence whose cases are before the court have towards resolution. The research found that the optimism for resolution was low, and the judicial system prefers the cases to be settled outside the court of law. This is a setback on the fight against domestic violence, given that outside court settlements are aimed at finding compromises rather than a long-term solution for the problem. Legal redress such as divorce and time in prison is rarely given in American courts where domestic violence is the conflict.

CHAPTER THREE

3.1 Methodology

3.1 .2 Data Collection and Analysis

3.1.2.1 The Experiments

Four variables of interest will form the basis of this research. This includes reporting cases of domestic violence to the authorities, arresting perpetrators of domestic violence in the society, the use of rescue facilities, and the dispensation of justice in courts of law. Regarding the reporting cases of domestic violence variable, Gover et al. (2011) carried an experiment to determine the rate at which victims of domestic violence report their plight to the police, law enforcement authorities, and community support. The experiment was modeled in the form of an interview and questionnaire. The experiment had a panel of 80 respondents responding to questions modeled to determine the reaction in the case the respondent was faced by domestic violence. The main question was, “what would you if you found yourself a victim of domestic violence?” the question had four multiple answers, Report to the polices, solve the problem internally using family and friends, report to the authorities, and I don’t know. 40% claimed that the first response would be to talk to friends and family of their spouses to find a domestic solution to the problem.

Regarding the arrest of perpetrators by law enforcement authorities after victims have reported, Logan et al. (2006) conducted research that was aimed at determining the attitude of the police towards male and female victims of domestic violence. The research, in this case, was based on the responses from survivors of domestic violence. The questions were framed in a way that aimed at determining how the respondents felt once they went to report their cases to the police. The panel of respondents constituted 60 participants, thirty women, and thirty men. The main question was, “how does it feel while going to the authorities to report a case of domestic violence?” the question had two multiple answers. These include comfortable and in a show of strength and uncomfortable and a show of weakness. 60% claimed that there reporting led to the arrest of their husbands.

Regarding the access and availability of community rescue facilities variable, Campbell et al. (2012) conducted a research to determine the likelihood of women and men to visit community rescue services to take shelter in the case of domestic violence. Similar to other researches, this research was also based on questionnaires administered on survivors of domestic violence. The question was, “would you go to a domestic violence rescue center if you were a victim of domestic violence?” the multiple answers were a simple yes or a no and a description of why. Regarding the dispensation of justice in the law courts, Epstein (2009) carried out research to determine the optimism that victims of domestic violence have towards the dispensation of justice in courts. The question was, “how optimistic are you that a case of domestic violence will be settled in a court of law. The responses were between absolutely optimistic and little optimism. The results according to Campbell et al. (2012), community rescue services are mainly available for women or rather men do not use these rescue services.

CHAPTER FOUR

4.1 Data Analysis

4.1.2 The Points of Interest in the Experiments

The study would be looking for the following information in the experiments. As for the reporting of cases of domestic violence, the relevant information here would be the preference of the respondents, what the respondents would rather after experiencing domestic violence. Would they report to the police, solve internally with family and friends, or would they stay and hope for the best. This information would be useful in determining whether the cases of domestic violence are capable of reaching the corridors of justice after they happen (Walker, 2012). Through this information, the study will be able to achieve the percentage of cases that get to the judicial system after they have been reported.

Regarding the arrest of domestic violence perpetrators, the relevant information here would be to find out how the police act of domestic violence cases against men and cases of domestic violence against women. This bit of information will help in understanding the role of the police in promoting justice despite the gender of the victims (Walker, 2012). This will be achieved by finding out how the police make the victims feel like while they are reporting their plight and whether the way that victims are handled encourages other victims to come forward and report their cases. The study also directs your focus on the difference between how men reporting domestic violence are treated and how women are treated.

Regarding the access and availability of community rescue services, there would be various pieces of information that would be of interest. The first bit of information of interest is to find out if there exist specialized rescue facilities designated for men and women in society. The other piece of information that would be relevant is the effectiveness of the shelters in helping victims of domestic violence and justice. Particularly, there would be an interest in whether men would be comfortable taking shelter in community rescue facilities when they face domestic violence at home. Regarding the dispensation of justice in the courts of law, we would be interested in finding out whether there is a delay in the dispensation in cases of domestic violence. The research would be interested in determining whether the presence of delays in the completion of domestic violence cases negatively affects the fight against domestic violence.

4.1.3 Information Obtained from the Experiment

For the reporting cases of domestic violence variables, the experiment found that 30% of the respondents consider domestic violence as a part of marriage as a result of the difference in character between the wife and the husband. 35% of the respondents claimed that they could tolerate an abusive spouse for the sake of their marriage. The rationale for this was that disagreements in marriage are part and parcel of the marriage arrangement. Regarding their first response in the case that they are victims of domestic violence, 40% claimed that the first response would be to talk to friends and family of their spouses to find a domestic solution to the problem. 300% claim that they would stay with their spouses and attempt to mend things by themselves. Further, 20% claimed that the first thing they would do is report to community support services police or law enforcement officers. The rest of the respondents claimed that they did not know what to do in the case that they were involved in domestic violence as victims. The following graph shows the responses as recorded from the respondents.

Source: (Gover et al., 2011)

Regarding the arrest of perpetrators of domestic violence variable, the respondents, the researchers concluded that women received a better reception from the police once they report cases of domestic violence. Eighty percent of the female respondent claimed that the police gave them ample time to explain themselves when they came to export their cases. Of the total respondents, 60% claimed that there reporting led to the arrest of their husbands. On the other hand, men claimed that the police did not give them a good reception when reporting cases of domestic violence. Reporting cases of domestic violence by men portrayed them as weak. 60% of the male respondents claimed that if they faced the same situation in the future, they would not report their plight to the police but rather walk away from their spouses. The following graph shows the responses as recorded from the respondents

 Source: (Logan et al., 2006)

According to Campbell et al. (2012), community rescue services are mainly available for women, or rather men do not use these rescue services. The main reason for this is that society places a man as the head of the family and the decision-maker in the family decision. A case where a man has been battered and taken shelter in the community rescue facilities portrays him as weak. Women felt that it was much safer for them emotionally as well as physically upon taking shelter in rescue facilities. However, men feel unsafe emotionally if they go to rescue centers; it shows that they are failing as men in their homes and families.

As for the dispensation of justice in court, optimism for resolution was low, and the judicial system prefers the cases to be settled outside the court of law. This is a setback on the fight against domestic violence, given that outside court settlements are aimed at finding compromises rather than a long-term solution for the problem. Legal redress such as divorce and time in prison is rarely given in American courts where domestic violence is the conflict.

4.2 Case Studies

Johnson, R. R. (2008). Correlated of Re-arrest among Felony Domestic Violence

             Probationers. Fed. Probation, 72, 42

Introduction

Domestic violence has become one of the most prevalent crimes in the criminal justice system. For example, In the year 2004, more than 1,144,900 incidents of domestic assault were reported, and only 948,000 resulted in arrests. Among those convicted, the majority are given a sentence to complete a batterers program and to serve on probation a period of community supervision. As a result, research in identifying recidivism risk factors among domestic batterers was carried on probationers and probation programs. Therefore, this study sought to determine the risk factors correlated with recidivism amongst a sample of felony domestic batterers serving 24 months’ probation in the suburban county in Illinois. The study would help policymakers determine the appropriate sentence for felony domestic batterers and also assist probation departments in developing rehabilitation care plans (Johnson, 2008).

Method

The present study examined male offenders on probation about domestic violence felony in a suburban county in Chicago. Besides, this data was reviewed as part of a court program evaluation associated with domestic violence (Johnson, 2001). Thus, there was a review of electronic court records for all felony offenders with a count of domestic battery sentenced by the county in the period between 1992 and 1999. The records indicated 91% of these offenders to be male, with 26 of them receiving supervision probation. Further review indicated that in the court system, the standard sentence for domestic offenses was 24 months of supervised probation and a 26 weeks counseling program. Also, since the number of females was small, only male offenders were included in the analysis, producing a final sample of 273 male offenders sentenced for a felony of domestic violence.

The dependent variable was to establish whether or not these offenders were re-arrested. Despite the existence of limitation, the prudent option of establishing and measuring the new violent charges was determined by searching the judicial automated circuit system. Nonetheless, evidence suggests that police are reluctant to initiate incidents of domestic violence (Buzawa & Buzawa, 2003), indicating a possibility that some offenders in the sample who were not re-arrested for new acts were not caught. Due to the issues of victim privacy, it was challenging to gather information from the victims if there was any new incidence of abuse from the offenders. Therefore, the reliance on the records of the judicial circuit system was the only option.

Results

The findings were consistent with models revised in previous studies. Morgan (1993) reviewed 24 studies published before the year 1990 and found that nine offender characteristics were the leading cause of committing new criminal offenses while still on probation. Some of those likely to be re-arrested were males, young offenders, and unmarried. Further, formal education levels reduced the likelihood of being re-arrested, approximately 68% of the offenders had a high school diploma, with only 11% having a two-year college degree. It is worth noting that the sample was generally more educated, unlike the typical sample of felony offenders, which can is attributed to the suburban county environment that has an average level of education and income. Also, employment instability led to offenders being re-arrested, such that the more job changes the offender had, the more likely he was re-arrested. This sample data was available from the previous job that the offenders held 36 months before sentencing. On the other hand, violent offenders who were staying with their victims were more likely to be re-arrested than offenders who were not (Morgan, 1994).

In addition, Hanson and Wallace-Capretta (2004) reviewed a Canadian sample of 320 male domestic offenders who were attending a counseling program, at the same time serving supervision probation, and found that some of the factors associated with recidivism on probation were financial, residential and employment instability. A further examination indicated that the mean age of the offenders who were re-arrested was 30 years, while those not arrested was 33 years. Meaning, young offenders were more likely to be re-arrested. Nonetheless, detecting and determining these risk factors will help probation officers to identify which offenders required closer supervision due to public safety.

Discussion and Conclusions

From these findings, policymakers should take caution when inferring a recommendation. While the study was only limited to male offenders in a Midwestern State, differences may exist by having female offenders from different countries. Furthermore, the study relied more on the re-arrest for a new offense and not victim reporting nor conviction. Therefore, likely, these offenders will never be convicted. Nevertheless, the findings did identify several characteristics of felony domestic batterers, and the fact that the findings are similar to several researchers is quite encouraging and increases confidence in the present study.

Community-based supervision probation has extensively been used as a form of sentencing for domestic batterers and felony offenders. Therefore, the judicial system needs to identify factors predictive of re-offending. Judges also need to have a clear understanding of the Defendant’s characteristics that suggested elevated risks of re-offending. Likewise, probation officers should have a case planning of the findings of this study to increase the efficiency of the legal response to domestic violence.

Erez, E., Ibarra, P. R., & Lurie, N. A. (2004). Electronic monitoring of domestic violence     

         cases-a study of two bilateral programs. Fed. Probation, 68, 15.

Introduction

            According to Conway (2003), the criminal justice system has been using electronic monitoring (EM), as a form of house arrest as a sanction option. EM involves equipping an offender with a receiver and a transmitter that sends signals to a monitoring center, which then registers the presence or absence of the offender from home. Further, EM is more efficient in times of overburdened budgets and facilities since it lowers the cost of institutional confinement and also ensures that offenders continue to work and support their families. Nonetheless, there has been little research on electronic monitoring of persons charged with domestic violence offenses, where they use technology for victim protection and not just surveillance purposes.

In the context of domestic violence offenses, bilateral EM (BEM) has been seen to extend the mandate of unilateral EM (UEM) by protecting specific victims as opposed to addressing public safety interest. Courts impose BEM with the hopes of strengthening protection orders, whereas the victims’ co-operation and participation are vital for the BEM programs to function properly. This study addresses the gap in research with the use of EM for domestic violence cases using two BEM programs by expounding on the key aspects of their design and implementation. Studies have indicated that victims of domestic violence report the incidence when they have had enough (Fischer & Rose, 1995). However, taking action by reporting the issue to the police places women at a higher risk of separation assault, since the courts have responded to the problem by issuing protection orders. However, these protective orders carry some benefits but can be difficult to execute. For example, some offenders do not comply with protective orders due to anger.

Moreover, some of the women assaulted still have contact with the offender despite having protection orders. The police also have been known to lack the responsibility of enforcing the protection orders. Therefore, BEM has been designed to address this limitation that is associated with protection orders, with the principal premise being the Defendants having “no contacts” cannot approach certain geographical areas due to detection. In this case, many offenders will conform to the protection orders when they are aware that they monitored.

Method

            Data was collected using the following methods. First, was using the official records kept in the probation departments to document information such as offense history, EM status, and Defendant’s demographic characteristics. Secondly, interviews were administered to the victims, convicted offenders, police, probation officers, including criminal justice personnel. Thirdly, field observation was conducted on how the BEM equipment was installed at the participants’ residence, including the familiarity of the program to the victims and the Defendants.

Results

            The study of the BEM program was done at two Midwestern States; River county and Lakefront probation department.  Both sites utilize a radio frequency (RF) technology, with a receiver in the Defendant’s residence. The victim is given a pager to alert her of any messages from the monitoring center. However, the equipment does not provide physical protection to the victim; it only provides a warning when the Defendant is nearby. From the observation, the personnel emphasized on the limitation of the gadget during installation. Further, the rationale by the River county court personnel attested to having the most volatile period when using EM during the pretrial phase of domestic violence cases.

Consequently, the police indicated that some batterers are prone to further abuse and manipulation towards the prosecution witnesses. On the other hand, the Defendants complained of harassment from the victims. Some women admitted to the harassment allegation, claiming they wanted assurance that equipment was operational. In some instances, a probation officer made a surprise visit to the Defendants home and found the victim in the shower. Although some women felt the equipment was helpful and impressive, they feared that the same was not “childproof,” as children were more attracted to the flashing lights. They also complained that the equipment was bulky, while some cited interference with their phone calls. Nonetheless, the women offered suggestions for improving the program by issuing a detailed guide and handbook on how the equipment operated. Also, they suggested a support group of victims who had undergone domestic violence, and they even exchanged phone numbers during their interviews.

Discussion

The EM program in both sites adopted varying approaches in enforcing protection orders in domestic violence cases. More broadly, the results show the cycle of violence in intimate relationships and why increasing victim protection may bolster criminal justice goals. However, the purpose and conception of BEM raise questions on applying matched criteria in assessing the effectiveness of EM technology across programs.

Espinosa, M. C. (2014). Domestic Violence and the Legal System: A Case Study of 10

               Mexican Women and the Process of Seeking Legal Recourse.

Introduction

This study focuses on the understanding of the cultural, social, economic, and structural context of ten Mexican women seeking legal recourse with varying immigration statuses. Also, the study examines the strategies they develop to overcome the constraints of being battered and how immigration status has played a role in these barriers. Kimberly Crenshaw’s (1989) theory of intersectionality helps us understand the multiple forms that oppression manifests itself in the lives of women.  In the U.S, few studies have explored the plight of Mexican immigrants’ women seeking legal redress for domestic violence offenses. Researchers argue that these women are less likely to seek legal help. (Erez et al., 2009). Some of the reasons for these include; lack of support from family and friends, fear of deportation, cultural barriers, language barriers, and the attitude of the women.  Furthermore, there are personal barriers such as commitment and love or the hope that the abusive situation will improve.

The vulnerability of these immigrant women can be caused by undocumented status and over-dependence on their male partners (Mejivar & Salcido, 2002). Under these circumstances, the male partners use the lack of knowledge and over-dependence to demand compliance. They use isolation tactics on the victims, such as limiting their language and school attendance. Ultimately, these women are disempowered to even conform to the immigration policy. The fear of the offenders becomes higher than their rights. One of the cited reasons for women staying in this abusive relationship is an economic dependency. In this case, the battered immigrant women tend to rely on their abusers, and these conditions have exposed them to the struggles with the dualities of being illegal, battered, and how they can acquire justice. Thus, the United States immigration policies have created gendered migration patterns that have grave consequences towards the immigrants’ women. South Asia immigrants are considered as highly educated, whereas the Mexican immigrants are at the bottom of the hierarchy and equated as cheap labor.  (Salcido & Adelman 2004)

Method

Data was generated from qualitative interviews with ten Mexican women with varying immigration status. Also, a nonprofit agency, Safeway Pathways, was able to provide resources and volunteer to provide information. Safeway Pathways offers education and prevention programs, including counseling sessions to women and children affected by domestic violence. The matter is sensitive, and the author had to make a case study and present it to both the organization and prospective participants to build trust. Further, pamphlets were distributed to the participants. The sample group consisted of ten women who, at the time of the study, were clients of Safeway Pathways. Their ages varied from 29-64 years, and all had children.

Out of the ten, two were U.S. citizens, one by naturalization and the other one by birth. Also, the marital status of all the women varied, with three of them undergoing divorce proceedings. In a nutshell, the study involved asking interview questions in either English or Spanish, in the presence of senior staff from the agency.

Results

For all these women, staying in an abusive relationship appears safer than preceding the relationship, due to the threats issued by the abusers that hinder the safety of the victims. Each of the women had a different reason for staying in an abusive relationship, but when it came to leaving, all of them cited one reason, being the last straw. In two cases, the last straw involved the children, and the other cases involved their partners opting to kill them as the last straw. Further, women employ various strategies for protection, and they solicit formal and informal groups for support. They have also sought support from the law, but all of them resorted to using Safe Pathways to seek and obtain legal recourse. However, the lack of legal status places them in a lesser status. Also, the legal process is a means that the offenders use to assert their power over the victim, with deportation threats. The only legal remedy that the women sought was the order of protection followed by U Visas and divorce. However, even though these orders are the fastest legal recourse, all the women admitted that the process of acquiring them is exhausting as none of them had an advocate representing them.

Discussion

Despite the numerous adversities, the women in the study faced, they showed admirable resilience. The study shows the challenging problems, immigrants, women face in deciding against seeking legal recourse. The presence of agencies such as Safeway Pathways has had some overall positive reflections on all of them. Therefore, the judicial court systems must continue to put in efforts to support Latinas and immigrant women in general by evaluating the cultural and social backgrounds and acceptability of this minority group.

Alex Mayes, Ania Moroz, and Thea Thorsgaard Frolunde  (2017). Victims and survivors of domestic abuse experience the criminal justice system. Retrieved from

https://www.victimsupport.org.uk/sites/default/files/VS_Survivor%E2%80%99s%20justice.pdf

Introduction

Domestic abuse can have a severe impact on the physical and emotional well-being of individuals. While it is difficult to provide a specific figure, the Crime survey for both England and Wales estimates that almost 1.9 Million adults experienced domestic abuse in 2016. Overall, only 26% of women and 14% have experienced domestic abuse since the age of 16. Further, almost one-third of violent crimes recorded by the police are domestic abuse-related. (National Statistics, 2017). Although men and women experience domestic abuse, women are more affected. However, there are more female survivors to males. In addition to the adverse effects of domestic violence, it is a costly affair for society. It is estimated that the negative impact of this vice is £15.7 billion a year (Walby, 2004).

Given the extent of the domestic abuse, it is essential that the criminal justice process is effective and responsive and treat victims and survivors with utmost care. Every year, almost 100,000 cases come to the attention of the police. However, a high proportion is not reported to the police, meaning, some survivors may never get the opportunity to achieve Justice. This study elaborates on why this is the case.

Method

Both the qualitative and qualitative approach method was used to collect data between June and October 2017. The qualitative data comprised of 35 in-depth interviews, where 33 participants were female, and 3 were male. All the respondents were current and former Victim Support (VS) service users, residing in England and Wales, respectively. At the time of the interview, all the respondents were no longer in a relationship, and each relationship was heterosexual. The respondents have questioned their experiences with the police, courts, sentencing, and compensation during investigations. The quantitative data was administered through a survey of 196 VS caseworkers, which captured their knowledge and experience in regards to domestic abuse.

Results

The research found that the reasons why survivors do not report domestic abuse incidence are both interconnected and specific to individual groups. The figure below summarizes the reasons for not reporting.

Fig 1:  Barriers to reporting domestic violence cases

Discussion

Despite numerous improvements in the corridors of justice, the court system has a long way to meet the needs of the victims and the survivors. Many of these victims find it difficult to access the court system and support from such engagements. Therefore, the criminal justice agencies and the Government should break down these barriers by ensuring that survivors have safe accommodation, and they will receive the utmost care and be taken seriously when such cases are reported.

CHAPTER FIVE

5.1 Discussion

5.1.2 Legal Response

The development in law structures has seen significant improvements in the fight against domestic violence. Across the world, societies have been developed in beliefs that had ‘normalized’ domestic violence and viewed domestic violence as proof of dominance in marriage and intimate relationships (Corradi & Stöckl, 2016). Different jurisdictions have developed laws that tend to address the issue of domestic violence. The laws governing the actions to be taken in the event of domestic violence, however, vary significantly between jurisdictions. The definition of domestic violence varies between the different jurisdictions, and the laws have to take into consideration the adverse cultural beliefs concerning marriage and intimacy. Some couples have accepted domestic violence as a ‘normal’ practice in the marriage and that either partner has an absolute right to punish their partner when a need arises. Several communities have been made to uphold paternal structures that do not recognize the role of women in the society and only view domestic violence as the right tool to be used in disciplining women who go against the structures of the community. However, the few cities that specify domestic violence as a crime only view women as the immediate victims of domestic violence. The idea that domestic violence is only a concern for women leaves men with no defense, especially when they are the victims of domestic violence. Several cases have been reported across the world of men who have been battered by their wives, but society seems to pay less attention to addressing the issue. Different laws practiced in favor of domestic violence as a crime tend to ignore the fact that domestic violence is not a crime against women only, but it is a crime towards a member of a domestic setting (Osofsky, 2018). The laws governing domestic violence cover the different forms of domestic violence that include child abuse, senior abuse, female genital mutilation, and forced marriages.

Domestic violence is meant to bring justice either by punishing those involved in gender violence or setting free, the victims of framing due to domestic violence. Although international and national agencies conduct much of the campaigns against domestic violence, several domestic offenses are dealt with at state levels to close the gaps that could be caused by regional differences in terms of cultural and social beliefs. Although statutes will differ significantly between states due to the regional specifics, the general aims of the different laws will be similar for every country (Bugejaet al. 2015). Domestic violence laws are aimed at protecting victims from threats and physical harm that could be caused by partners or members of a domestic setting. Also, the laws have a general-purpose of ensuring justice prevails in the event violence has already occurred. Laws on domestic violence form a basis that is used by judges in analyzing evidence tabled for use in domestic violence cases. In a bid to avoid confusion in allegations involving domestic violence, suspects are advised to honor court orders first before making any individual contact with the accusers. The responsibility of the courts remains to prove the authenticity behind any allegations. Under standard law settings, court orders involve restrictions that prevent the physical interaction between the accusers and the accused, and therefore suspects should be careful not to create additional charges by adhering to the court orders. Most accusers will tend to use any means necessary in an attempt to collect evidence against the accused, and thus the charged are advised to refrain from holding communications that could be traced. The immediate legal response that an accused should take is hiring an attorney for advice towards the proceedings to understand the different options that could be available for defense. Victims of accusations always have two ways of dealing with court cases; one, the accused to deny involvement in the said crime completely, or the accused decided to accept being guilty in exchange for more lenient punishment. The only option of an action to be taken by a victim of domestic violence is seeking legal action against a perpetrator either independently or with the help of an attorney.

5.1.3 Weaknesses in the System

Court systems in the United States prove to be unsatisfactory due to the laxity of evidence in dealing with domestic violence cases. Though the laws have been set in place to ensure efficient delivery of justice, the systems are failing terribly in the bid to ensure that justice prevails for victims of domestic violence (Babcock et al. 2016). The general environment surrounding the hearing of domestic-related cases only exposes the victims of domestic violence to the offenders. Also, the procedures used to gather information from victims could be termed a hindrance to the free provision of information. In most cases, the process used to engage victims involves a situation where victims are asked to recall and explain the occurrences that happened immediately before and after the said offense. The victims could have difficulties in narrating such incidents in public for fear of exposing private information, or in cases involving intimate violence; victims could have problems testifying against their partners. Other factors that cause significant challenges in the judicial systems in the United States are the nature of cases reported. Most cases from domestic violence end up being withdrawn due to a lack of evidence and deliberate withdrawal by victims. A woman who has been through abuse by a husband could be afraid of filing a case against their husband, especially if the husband is the sole breadwinner in the family. The judicial systems could have developed an interest in the case due to public participation, but the fear of losing a breadwinner to the severe jail sentences associated with domestic violence could keep the woman from pursuing justice. The judicial systems in the United States suffer from the weakness that well-set structures have not been put to seek justice even in the absence of the victim, or giving the victims the protection and support needed to pursue justice.

Judicial systems have also failed in providing security to the victims of domestic violence during the period of the case proceedings. People in an intimate relationship will tend to wait until the end of the link before reporting acts of violence committed against them. In such instances, the close relationships have faded, and victims are at a higher risk of being harmed by the offenders (Smyklaet al. 2016). The judicial systems in the United States, however, seem not considerate on matters concerning the safety of the victims by giving lenient bailouts and bonds to offenders who could, in turn, harm the victims or maybe threaten the victims against providing the required evidence. Setting offenders free before the end of court rulings could provide an avenue for physical interaction between the victims and the offenders. When a victim and an offender interact, two things could happen: the two could reconsider settling their differences, which is a form of restorative justice, or the two could be involved in disagreements that could lead to fights and even physical and emotional harm. Another weakness seen in the judicial system is the type of sentences given to offenders. Often, offenders are fined or released on bonds, a situation that puts the lives of the victims at a higher risk of being harmed by the perpetrators. The punishments given in cases involving domestic violence should be considerate of the safety of the victims after the ruling has been made.

Judicial intervention in matters of domestic violence is essential and comes in to save the victims who could be surrounded by a society that does not give attention to the rights of people in marriage or intimate relationships. Domestic violence cases are the ultimate test for the ability of judicial justice since the court makes rulings that could be seen as to infringe the rights of a partner’s authority over the other. The judicial systems have, however, failed to a certain extent in providing justice to victims of domestic violence. Generally, justice has been served where the judicial systems have managed to deal with the gaps in the law efficiently.

5.1.4 Domestic Violence Reform

The cases of domestic violence have become prevalent all over the world, with both genders engaging in battering, abusing, and mistreating their partners, although the male gender is often the most likely perpetrators. Domestic violence has since been perceived as disrupting public order; therefore, quantifying intervention by the criminal justice system.

The methods of arresting and prosecuting the perpetrators of domestic violence have influenced the criminal justice system because, through the government, there was the establishment of legislation that permitted warrantless arrests for an assault that was considered a misdemeanor. Therefore, there were reforms in police policies that allowed arrests whenever there was a probable cause of domestic violence.

There has also been the establishment of strategies that allows prosecutors to pursue cases even if the victims decline to testify either for the prosecution or on behalf of the assailant. The majority of the victims often fail or refuse to testify in a criminal court for one reason or another. It is usually due to fear of more violence from the offender or due to cases of Stockholm syndrome. According to Wallace, P. (2007), Stockholm Syndrome is recognized as a psychological phenomenon whereby victims identify and ally with their perpetrators. In such instances, the criminal justice system endeavors to deliver justice by trying and prosecuting the cases relying on the evidence they possess at the time.

The sentencing has also changed where courts mandate that domestic violence offenders attend counseling programs designed for batterers. Also, the probation agencies have created ways to monitor and supervise the conduct of domestic violence convicts to ensure minimum chances of new offenses.

The various cases of domestic violence have also ensured a more inclusive criminal justice system where the courts work in collaboration with community organizations. Elias (2015) notes that it provides that the victims are involved in the prosecution and sentencing process through liaisons with the victims that increase their sense of empowerment in the criminal justice system.

The lethality assessment is another impact of cases of domestic violence on the justice system where the law enforcement structures partners with anti-violence advocates to ensure assessment tools to determine the severity of physical abuse and act as a calendar for incidence records. It is also a system that sets out the essential questions for the victims (Carlson, Harris & Holden, 1999). The danger assessment, therefore, offers a chance to determine the level of danger the victims are in, whether extreme, variable, or severe.

However, there are also negative impacts of domestic violence cases on the criminal justice system in the United States. As mentioned by Elias (2015), it is imperative to note that there has been an increased frequency in the criminal courts dropping domestic violence cases. This phenomenon has portrayed the criminal justice system as ineffective. The “incompetence” of the legal justice systems could be due to inadequate cooperation from victims, lack of financial and other support structures like proper liaison and communication between the police and the court. It is therefore imperative for the criminal justice system to revise police guidance systems that are appropriate to ensure that the out of court disposal and approaches for the domestic abuse issues are for successful prosecutions

The other influence of domestic violence cases in the justice system is the development of domestic violence protection order, which is an order that seeks to protect victims of domestic abuse through restrictive laws imposed on the perpetrators when for one reason or another, they can’t prosecute them. The domestic violence protection order’s primary role is to prevent reoffending. The rule has been widely criticized where it prevents reoffending. Various research has shown that the chances of the protection orders preventing reoffending by the domestic abusers are very minimal (Dugan, 2003). The likelihood of the offenders slipping through the police and other security structures and committing a re-offense is high. Victims of violence often live in fear if the offenders have not faced any form of punishment of incarceration. The constant anxiety and worrying, therefore, amount to limited delivery of justice by the criminal defense system.

Challenging some form of justice has been served to the victims of domestic violence because the changes in the policies and procedures of the criminal justice system regarding domestic violence have broadened the cultural and social change in the society. Such challenges consequently transform the common understanding of domestic violence issues. For example, the women understood that being abused by a partner is not normal, and it is not part o being a wife or that it is not because they “asked for it.” They also realize that the court recognizes that it is not their fault that they are abused in a relationship. Therefore, they develop a strong sense of self-esteem as well as personal integrity (Erez, 2002). However, this form of awareness is not enough to ensure the eradication of the crime of domestic violence. Although the criminal justice system has guaranteed various penalties and punishments for offenders like incarceration, community service, compensation, among others, the domestic offender’s behavior rarely changes. Thus, the chances of the offender resorting back to his/her abusive ways are very high. It is, therefore, imperative for the criminal justice system to adopt further reforms or additional policies, especially those that focus on restorative justice to not only punish but also change the inward attitudes and behaviors of the offenders, thus becoming more effective in delivering justice. An example of a corrective justice policy would be victim-offender mediation, where an understanding of feeling towards the violence is expressed and offers a chance for peacemaking and forgiveness.

In conclusion, it is evident that the criminal justice system faces the challenge of ensuring an effective response to domestic violence. The inconsistency is due to the constant emergence and discovery of new issues regarding the subject and the persistent questioning of accepted knowledge regarding the topic due to the influence of cultures and traditions that viewed domestic violence as usual. The continuous quest for ways and means to combat domestic violence, therefore, requires constant adjustment of policies and practices because new knowledge and skills training in handling domestic violence emerge. It is also imperative for a combination of various policies at a go for efficient justice and eradication of the vice.

5.2 Conclusion and Recommendations

he occurrence of domestic violence continues to escalate throughout the country. Despite having various preventive measures, the courts’ system must have protection orders in place to ensure the safety of domestic violence victims. Primary measures involve taking action to prevent this vice before it occurs, as it has been an emerging trend in the case studies above. They have to involve appropriate support systems and services in coming up with special measures that can make the courts accommodating to the victims and survivors. Moreover, the court should find ways of criminal compensation regimes to meet the needs of domestic abuse survivors.

5.2.1 Conclusion

From the provided information, it is clear that the processes that are followed in delivering justice for victims of domestic violence in the United States have been compromised, meaning that justice is not dispensed appropriately. The social set up in communities creates a situation where victims would rather solve these problems internally with friends and relatives rather than taking them to the authorities and through the judicial system. This creates a fertile ground for perpetrators to continue engaging in activities that amount to domestic violence. This is because the chances of being reported are minimal. Regarding the role of the police, the police are a critical aspect of the judicial system. They are charged with the responsibility of investigating reported cases of domestic violence and taking suspects to court for judicial proceedings. It is also the responsibility of the police to create a friendly environment where everyone would feel welcome and encouraged to report their problems of domestic violence. To ensure that justice is being dispensed to the victims of domestic violence, it is important to consider a healthy environment for both men and women that encourages reporting cases of domestic violence. About the availability and access to rescue services in communities, these rescue shelters provide a platform where victims of domestic violence can be found in large numbers. However, research shows that these facilities are mostly frequented by men due to the hostile environment that men, victims of domestic violence go through in these shelters. Given the importance of these shelters in the process of dispensing justice from the courts, it is important that they are made friendlier for men so that they can take refuge in the face of domestic. This will ensure that thousands of men who go through domestic violence and are not in a position to find support services can seek justice for crimes committed against them. Finally, the rate at which cases of domestic violence piling in the court system are cleared is also a huge indicator of whether justice will be served for domestic violence victims (Lemon, 2011). A court system where cases of domestic violence are handled and solved swiftly, implies that there are no backlogs created as a result of delayed rulings. In the case where the judicial system is slow, cases will form a backlog. When this happens, perpetrators of domestic violence will see the system as toothless and not able to curb their violent behaviors. The experiments described in the literature review show that the judicial system is slow in dispensing justice to victims of domestic violence. The literature review points out that most of the cases in the courts end up being solved out of court.

5.2.2 Recommendations

Young people should be encouraged to live a lifestyle that simultaneously promotes positive attitudes among men who form a significant part of domestic violence perpetrators. Additionally, technology interventions should be applied to enhance efficiency on applications for domestic violence focus, for example, through providing solutions for reporting violence and immediate response. Further, the Justice System in the United States should focus on removing barriers to access Justice, such as improving the police response by training them on domestic abuse and ensuring victims and survivors get fast support. On the other hand, all criminal courts should improve their services by equipping themselves with separate entrances and waiting rooms to ensure the confidentiality of the victims. Therefore, all Judges and professionals dealing with domestic violence offenses should undergo specialist training to improve on the court experiences and ensure that Justice is served.

5.3 Ethical Consideration

Generally, victims of domestic violence are majorly women though men still become victims on several occasions. The events termed as domestic violence vary significantly between jurisdictions depending on the laws governing the different areas. The social setting, as well as societal, cultural beliefs, tends to play a significant role in defining domestic violence. The judicial intervention in matters of domestic violence is vital in a bid to save the victims who could be surrounded by a society that does not give attention to the rights of people in marriage or intimate relationships. The form of domestic violence that involves couples is referred to as Intimate Partner Violence (IPV). Domestic violence cases are the ultimate test for the ability of judicial justice since the court has to make rulings that could be seen as infringing the rights of a partner’s authority over the other.

Domestic violence cases require high maintenance of ethical standards by judicial officials. For example, court rulings should be made after a critical analysis of the tabled evidence. Domestic crimes tend to receive severe punishments with severe accompanying consequences, and caution should be taken in analyzing the evidence to avoid mistakes that could lead to the prosecution of innocent persons. Cases of framed charges have been common throughout the world, and unfortunately, rulings have been made on compassionate grounds leading to ignorance of critical details that could have been used in the administration of justice. Judges, for example, should desist from making rulings on compassionate grounds since differentiating between authentic charges and framed charges could appear to be completely impossible.

Ethical consideration is a prerequisite for any successful study that involves human subjects. Participants should have all the detailed information about the research before beginning the study. This paper reviews the ethical guidelines for research participants and mainly informed consent. Informed consent mainly constitutes communicating the purpose of the study, duration, and the right for participants to decline and even to withdraw from the study at any given time. Additionally, the guidelines emphasize the use of research information, any incentives, for example, to compensate participants for their time and avoiding any deceptive techniques, especially when the study might cause any physical or emotional pain to the participants.

Markedly, participants in the research are human beings and thus the need to provide necessary measures not to avoid harm. For instance, informed consent was employed in the study so that participants can understand the primary purpose of the research and if they will be in a position to provide the right kind of information. Additionally, aspects such as confidentiality were also considered when conducting the study. It is sufficient to note that participants will usually have different views, and thus they will need assurance that the information that they will provide will not be used against them. In this, one is held accountable for their actions that might result in harm to the participant. All these issues were provided to participants before the research so that they have enough time to decide whether to participate or not. Moreover, after embarking on the research, participants were debriefed about how their freedom of choice is the ongoing meaning they can decide to leave and also the consequences.

Confidentiality is one of the ethical considerations of the research. Information gathered was secured to prevent unauthorized access that might cause harm to participants (Morse & Coulehan, 2015). There a myriad ways applied to enhance confidentiality, including upholding anonymity. Moreover, the research directed its focus on obtaining information that will aid the success of the research and not be used outside. Furthermore, data obtained is used to realize the purpose of this research.

In the study, participants were recorded for the primary purposes of only ensuring that it aids data analysis. However, the recording was only done with client consent. Electronic means were used to store the data and also integrated strict data management practices to limit unauthorized access.

Participation was entirely voluntary. This means it was a matter of choice to participate or not. Additionally, participants were at free will to opt-out of the study even when it was ongoing and can prevent the use of the information they provided.

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