Legal and Social Issues Surrounding Closed-Circuit Television Testimony of Child Victims and Witnesses

Summary

Prosecution of crimes involving child victims and witnesses is particularly difficult because of the age of the children involved. Facing the alleged offender in court and the experience itself of testifying in an open court with dozens of onlookers are acutely difficult. The effect on children may be traumatic, with the potential to produce substantial psychological and emotional harm. Various court procedures have been implemented in the United States in an effort to minimize these effects. Court procedures can include erecting screens to shield the child victim or witness, presenting videotaped testimony, or testifying via one-way or two-way closed-circuit television. Closed-circuit television (CCTV) testimony, which is especially controversial, involves both legal issues surrounding the constitutionality of such testimony and social issues regarding the effectiveness of closed-circuit television testimony. Substantial variation across states in provisions for closed-circuit television testimony for child witnesses is problematic. Consideration is given to how social science research directly influenced the Supreme Court's decision in Maryland v. Craig(1990), and the current state of research regarding use of CCTV and court outcomes. Some research suggests a pro-defense bias when CCTV is used.     

Innovative Approaches to Child Custody and Domestic Violence in New Zealand

Summary

In 1995, as part of a major review of domestic violence law, the New Zealand Parliament amended the legislation under which disputes about custody of and access to children are determined by the Court. Specifically, the amendment introduced a rebuttable presumption that a parent who had used violence against a child or against the other parent would not have custody of, or unsupervised access to the child unless the Court could be satisfied that the child would be safe during visitation arrangements. Three years after the implementation of this legislation, it is timely to reflect on the impact of this major domestic violence law reform initiative. Our findings indicate that there are indeed advances. Psychological violence is now clearly being considered when Courts are assessing the issue of children's safety. As well, the delineation of mandatory risk assessment factors has led many judges to see a continuum of power and control tactics as relevant in domestic violence related visitation proceedings; the previous emphasis on physical violence has given way to an analysis which more closely reflects accords with women's and children's realities of the abuse they are exposed to. Some of the old problems continue to exist despite the law changes. There are still recent cases where perpetrators of serious violence are awarded unsupervised access and where their violence continues to be construed as “out of character,” arising because of the perpetrator's “despair” about the breakdown of his relationship. These and other issues are discussed.     

Characteristics of Male Batterers in Treatment

Abstract

This article presents information on the characteristics of a clinical population of male perpetrators of intimate partner violence (IPV) court-ordered for batterers' treatment, and how these characteristics co-varied with treatment attrition. The average demographic profile of male batterers in a midwestern treatment program that met present-day treatment guidelines was similar to that found in other studies. In addition, relationship length and status, alcohol/drug use, self-reports of past treatment and mental health issues, and self-report of witnessing or experiencing violence within the home during childhood was also similar. Batterers' self-reports of their own violent behavior were found to vary by data collection technique, with face-to-face interviews eliciting greater admission of violent behavior than paper-and-pencil questionnaires. However, the only predictors of successful treatment outcome were living arrangement at the time of treatment and racial category. Implications of these findings are discussed, and “local effects” program evaluation approaches are suggested.     

Collaborating on Family Safety

Summary

The problems of child maltreatment and violence against women have traditionally been viewed and treated as two distinct issues. In response to these two forms of family violence, two separate service systems with different approaches to prevention, treatment and intervention have developed. This article outlines sources of conflicts between child protection workers and battered women's advocates, and elaborates on these conflicts using child protection workers' and battered women's advocates' own words elicited in a series of focus groups. Models of cross-system collaboration in the United States are then described, and recommendations are made for practice and policy which support collaboration across systems.     

Barriers to Addressing Substance Abuse in Domestic Violence Court

Substance abuse commonly co-occurs with intimate partner violence among both perpetrators and survivors. Specialized courts that focus on intimate partner violence provide a unique opportunity to address both problems simultaneously, but research has yet to identify whether this happens. In this qualitative study of a domestic violence court in a large midwestern metropolitan area, key informants were interviewed to understand how the Court treats substance abuse. Results indicate that substance abuse typically is not identified among perpetrators or survivors going through the Court unless it is mentioned in a police report. Barriers to such identification are the organization of the Court, bounded definition of actors’ roles in the Court, limited resources, and negative attitudes towards survivors. These results suggest that specialized courts that attend to only one problem may overlook the possibility of addressing issues that commonly co-occur.     

Women with Children in Violent Relationships

Summary

Custody issues for battered women means continuing involvement with a violent, abusive, intimidating partner. This article explores the continuing power and control dynamics of the domestic violence relationship after the woman with children leaves, and presents some preliminary findings. The custody of the children, visitation and financial arrangements often become the basis of terrorism as the man attempts to continue to control the woman's behavior with threats against the children. Fear of losing her children may force a woman to stay in a violent relationship, or return in spite of danger to her children and herself. On the other hand, the history of violence may make it difficult for the mother to cooperate with the court orders regarding joint custody or visitation even when safety appears not to be an issue. It is important for professionals working with children of violent families to understand the continuing effects of domestic violence after separation in order to provide assistance to children “caught in the middle” in custody disputes.     

Occupational Therapy's Role with Victims of Domestic Violence

ABSTRACT

Occupational therapists encounter individuals who are victims of domestic violence in many different settings. The role of the occupational therapist with each client depends on that client's specific needs, the treatment setting, and the skills and beliefs of the therapist. This article presents a theoretical argument for why the occupational therapist should choose to be involved in the treatment of domestic violence. The Model of Human Occupation provides a framework for understanding functional issues related to domestic violence. Methods of assessment and treatment are presented using this model. A continuum of levels of involvement including referrals for resources or treatment, direct and indirect treatment and program consultation is offered. Each level is illustrated with case vignettes demonstrating the therapist's role. Issues related to the challenge of working in domestic violence and reasons that women may refuse intervention are also discussed.     

Consider the Children

Summary

In this article, we consider interventions for children exposed to family violence in light of the research on children's problems associated with witnessing family violence. Next, we review risk and protective factors related to these children's adjustment with the view that all children are not similarly affected by exposure to family violence. Against this background, we then move to consider directions for interventions from a systemic perspective. We take into account not only the exposure to interactions between their mother and father, but also children's relationships with their mother, father, and siblings, as well as within broader systems such as the peer group, the school, and the community. We consider the critical challenges within each of these important systems for children exposed to family violence, and we propose some potential interventions to address the problems. Finally, we summarize an evaluation of an intervention that incorporates some of the elements identified by a systemic perspective. The evaluation revealed a significant improvement in children's self-reports of depression and anxiety over the course of the program. Mothers rated their children as significantly improved in emotional and hyperactive behaviour problems. There was no relation between mothers' involvement in counselling and children's improvement. Overall, the results suggest that the Peer Group Counselling Program effectively provided support to children exposed to family violence. Finally, we discuss the steps necessary to support children and families in moving toward violence-free lives.     

Psychological MaltreatmentL

SUMMARY

Current issues regarding the definition of psychological maltreatment and its impact on children are discussed. The argument is made that psychological maltreatment can be understood as parenting and socialization practices that leave a child's basic psychological needs unmet, and that children exposed to interparental violence should be viewed as victims of psychological maltreatment. A needs analysis based on developmental theory and research is presented as a context within which to view psychological maltreatment. Using that conceptualization, research findings concerning the behavioral, cognitive, and social-emotional difficulties of children exposed to marital violence are examined. Based on this developmental analysis, recommendations are made regarding research that is needed in the areas of these children and psychological maltreatment.     

An Exploratory Study Examining Teen Dating Violence,Acculturation and Acculturative Stress in Mexican-American Adolescents

Abstract

Little is known about dating violence in Mexican-American adolescents. This exploratory study examines 82 Mexican and Mexican-American high school students' experiences with and attitudes about dating violence, and the relationship of these experiences and attitudes to acculturation and acculturative stress. Medium acculturated adolescents (as measured by language preference), compared with high and low acculturated adolescents, had less tolerant attitudes towards dating violence. In addition, acculturative stressors (e.g., conflicted ethnic identity, family acculturation conflict) generally related to more tolerant attitudes and higher rates of perpetration of dating violence. The pattern of results suggest that dating violence is a problem among Mexican-American adolescents and that acculturation and acculturative stress are important factors to consider in the context of dating violence.     

Female Offenders in Domestic Violence

SUMMARY

It is well accepted that large numbers of men batter women. Although some data also reveal that women report assaulting men in large numbers, interpretation of the latter data has been fraught with controversy. The present article reports on a sample of women arrested for domestic violence. When questions were asked about frequency of violence initiation, which partner began the overall pattern of violence in the relationship, and the women's reasons for using violence, it was found that about two-thirds of the women were battered and using violence to protect themselves or to retaliate for previous violence against them. Implications of these findings for conceptualizing women's violence as well as for training law enforcement personnel are discussed.     

Direct and indirect effects of family violence on child-to-parent violence / Efectos directos e indirectos de la violencia familiar sobre la violencia filio-parental

Abstract

This study analyses the impact of family violence on adolescent maladjustment and child-to-parent violence in a community sample. It also explores a possible mediating effect of adolescent behavioural and/or emotional problems in the relationship between family violence and child-to-parent violence. The sample included 485 adolescents of both sexes, with an age range of 12 to 18 years. Two structural equation models are presented in the data analysis. The results support previous findings indicating that all forms of family violence appear to contribute to adolescent maladjustment. Moreover, indirect effects of family violence on child-to-parent violence through behavioural and emotional problems were found. The implications of these results are discussed.     

The Family Peace Project

Summary

Intimate partner violence-assault by a spouse, ex-spouse, intimate friend or ex-friend-is the most common cause of injury for women and a serious public health problem. As a result, the American Medical Association has recognized physicians' ethical obligation to diagnose and treat partner violence, and called for new models of training. In this article, we review literature on the health care system's response to domestic violence. We then describe the Family Peace Project, a community oriented model for training health care professionals to identify, treat and prevent partner violence in primary health care settings. This training program provides knowledge, clinical skills and a sense of professional empowerment. Unique features of this program include: involvement of community mentors (survivors of family violence) as program faculty; training in specific clinical skills and protocols for screening, assessment and intervention; a hands-on assessment of community resources; coinmunity service; and, creation of an award winning web site to promote dissemination of the training program.     

The aftermath of Ford v. Wainwright

Whatever happened to Alvin Ford? This paper describes the aftermath of the Supreme Court's 1986 ruling in Ford v. Wainwright. The Ford decision held that exempting the mentally incompetent from execution is a matter of constitutional right, and hence the determination of who is competent for execution cannot be left solely in the hands of the executive branch of the government. We describe the hearing in Ford's case in federal district court that occurred after the Supreme Court's decision, the judge's ruling, and Ford's subsequent (and final) appeal. We conclude that despite the decision in Ford, it remains all but impossible for defense attorneys to prove that psychotic death row clients are incompetent for execution.     

Feminist Issues in Couple Therapy

Abstract

The authors reviewed the feminist couple therapy literature from 1995 to 2006. They summarized this large body of work into several key themes. The first revealed that feminist couples therapists are continuing to discuss and deconstruct gender issues in couple therapy. The second showed that feminists believe that therapists should be educated both academically and personally about culture and diversity so as to support couples in their therapy around their own issues of diversity as well as learning to deal with issues of social justice as a couple. In the third theme, the authors introduced readers to feminists' emphasis on connection and empathy within couple and sex therapy. And, in the fourth, the authors explored feminists' work with power in couple therapy as they applied to couple therapy in general as well as around the specific topics of: balancing family and work and therapy for familial violence.     

The Contextual Role of Depression within Couples Experiencing Partner Violence

Despite previous research suggesting a link between intimate partner violence (IPV) and depression within romantic relationships, few studies have examined the role of depression in couples experiencing violence. Using dyadic data of 129 heterosexual couples seeking couples therapy for high conflict including physical IPV, depressive symptoms were evaluated as a moderator in the association between psychological and physical IPV. Results indicated that moderate and high reports of women's depressive symptoms provided a context, while men's psychological abuse toward them moved from low to high, for women to be more physically abusive toward their partners. Further, low reports of women's depressive symptoms provided a context, while men's psychological abuse toward them moved from low to high, for women to be less physically abusive toward their partners. Better understanding the role of depression and how it may offer a context for physical violence assists helping professionals in holistically addressing violence within romantic relationships.     

Family‐based Intervention for Legal System‐involved Girls: A Mixed Methods Evaluation

The increased proportion of juvenile court‐involved girls has spurred interest to implement and evaluate services to reduce girls’ system involvement. The purpose of this study was to examine the effectiveness of a family‐based intervention by using a dominant sequential mixed methods evaluation approach. First, we examined quantitative data using a quasi‐experimental design to determine whether the family‐based intervention reduced recidivism among court‐involved girls. Propensity score matching (PSM) was used to construct statistically equivalent groups to compare one‐year recidivism outcomes for girls who received the court‐run family‐based intervention (n = 181) to a group of girls on probation who did not receive the intervention (n = 803). Qualitative interviews (n = 39) were conducted to contextualize the quantitative findings and highlighted the circumstances that family‐focused interventions for court‐involved girls. Girls who received the program had slightly lower recidivism rates following the intervention. The qualitative findings contextualized the quasi‐experimental results by providing an explanation as to the girls’ family circumstances and insights into the mechanisms of the intervention. Results highlighted the importance of family‐focused interventions for juvenile justice‐involved girls. These findings have practical and policy implications for the use interventions—beyond the individual level—with adjudicated girls and offer suggestions for ways to improve their effectiveness using a community psychology lens. In addition, this paper includes a discussion of evaluating of juvenile court programming from a community psychology perspective including strengths, challenges, and considerations for future work in this area.     

Safety Planning Based on Lethality Assessment for Partners of Batterers in Intervention Programs

Summary

This chapter outlines a process of individualized safety planning with the partners of batterers in intervention programs that is based on the principles of empowerment and autonomy, and takes into account the context of the woman's situation. Assessing context is operationalized as considering the potential lethality of the situation from her partner, her relationship and emotional status, available resources, and her children. The safety planning process is described as an opportunity for the abused woman to gain information in order to strategize her responses. It is also a way for the program staff to gain more accurate information about the batterer's level of violence and dan-gerousness, and to work with women to enhance retention of abusers in the program.