Essay Question: Should restorative justice be used in cases of Domestic Violence? A comparative analysis of the effects of domestic violence on female victims and child witnesses.
Introduction: Domestic violence is a widely discussed topic in society with its effects far-reaching and destructive. However, since it is a crime that generally goes underreported in crime statistics various means of research have allowed us an understanding of this crime and its effects on the individual as well as society. (Hayes & Prenzler, 2012) In order to obtain a greater understanding of domestic violence and the ways in which we can deal with it we will compare the effects of domestic abuse on women who have suffered domestic abuse to the children of these women, allowing us to come to an understanding as to whether restorative justice should be used to punish offenders and help rehabilitate victims. The International Violence Against Women Survey (Mouzos & Makkai, 2004) conducted between December 2002 and June 2003 involved telephone interviews with a total of 6677 Australian women between the ages of 18 and 69 years regarding their experiences of violence by a male. The results indicate that 34% of women who had a current or former intimate partner had experienced at least one form of violence during their lifetime from a partner. While this is disturbing, the children of battered women are also severely affected. Mouzos and Makkai (2004) conclude that physically abusive behavior is transmitted across generations, thus violence learnt through witnessing domestic abuse as a child increases the risk that this behavior will be reproduced as an adult, and that the child may suffer behavioral difficulties The process of punishing domestic violence offenders has often been criticized and many theorists and researchers have attempted to determine how to punish these perpetrators in an efficient manner. In recent times restorative justice has become more widely discussed in literature surrounding domestic violence, although it is commonly used with young offenders and small crimes, it is a criticized yet recommended method within cases of domestic violence. Restorative justice is ‘a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future’ (Marshall, 1999, pg.5). It is important that we assess and evaluate the principals behind this form of justice and decide whether it is appropriate to use in cases of domestic violence
Article 1: Aziz, S., (2010) Should restorative justice be used for cases of domestic violence? International Journal of Restorative Justice, 6(1). 1-48
In this article Aziz looks at whether restorative justice should be used in domestic violence cases. Since many sources have highlighted the alleged failure rates of other methods of dealing with cases of domestic violence, Aziz proposes to look at whether restorative justice would be an effective way of dealing with such cases in an essay form. The main focus of this essay is to assess whether restorative justice should be used to address cases of domestic violence and whether it is an effective and appropriate method of conflict resolution. This article will be very useful as a starting point to my major essay since it uses a multitude of studies to gather information about both women and children and the appropriateness of the use of restorative justice in such cases. Not only is the content useful because it shows both the pros and cons of restorative justice but the many additional sources provide a web of information on both women, children and restorative justice in domestic violence.
Article 2: Mckinney, C., Sieger, K., Agliata, A.K., & Renk, K. (2006) Childrens exposure to domestic violence. Journal of Emotional Abuse, 6(1), 1-23
In this article Mckinney, Sieger, Agliata and Renk...
References: Marshall, T. (1999) Restorative justice: An overview, Home Office: London
Mouzos, J. & Makkai, T. (2004) Womens experiences of male violence: Findings from the Australian component of the international violence against women survey, Research and Public policy series no.56, Australian Institute of Criminology: Canberra.
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