This is mentioned by Julian Leigh in a book about the different viewpoints of domestic violence: “Because the police are often reluctant to become involved in domestic violence cases, more than half the states now require law enforcement officers to arrest those accused by their partners of domestic violence.” (Roleff 107). Usually, when abuse is reported, it gets dealt with. But many still won’t tell anyone for various, substantial reasons. Some being that they blame themselves for the unhealthy relationships, they have an emotional attachment to the abuser, and, if they have children, the fear that the abuser will take custody if they leave or report them. Domestic violence can be hard to recognize by an outside person because the victim might be isolated or can act like nothing is happening behind the scenes.
This amounts as well to an ‘evidence of family violence.’ The court should hence come to the conclusion that it is in the best interest of Noah to end the right to physical custody for Mr. Smith. The court can change the custody decree on the basis of section 403.340 of the Family Code. The custodial parent must agree to the change, and because both parents agreed that the actual agreement is not favourable they conclusively agreed to change it. Additionally, the actual environment must endanger seriously the physical, mental and emotional health of the child. This is the case due to the unacceptable behaviour of Mr. Smith towards Noah.
Domestic violence is so far beyond the “ken of the average layman,” and so ingrained in our beliefs that it is a private, family matter, an expert is essentially required to fit this into commonly held views of reasonableness. Using testimony about a “syndrome” to explain what a reasonable person would do is a contradiction in terms—it is a legal fiction that the legal community has developed to allow experts to testify in trials of battered women. Such an expert testimony might actually prevent the unjust result of sending a victim to prison for acting out of necessity, but doesn’t require changing the actual substantive self-defense laws. This use of expert testimony to explain reasonableness, though logically baffling, is the only realistic option for introduction of evidence of battering under the current evidentiary laws. The ability to present expert testimony at trial for a battered woman who has
Other reasons for victims to not cooperate or fear to report are as follows: "fear of disbelief from authorities, fearing that without significant injuries that the rape will not be taken seriously, harmful publicity, retribution from the rapist, insensitive treatment by law enforcement and hospital staff, rejection by mate or family, blame for the rape". (Crisis Intervention in Criminal Justice and Social Service, Hendricks & Hendricks, P.295). A study was also done that found that age, race and marital status of the victim can play large role in reporting the
These statistics are alarming and it makes a big issue for our society. We should deal with it and make appropriate punishments for juveniles which would dissuade them from crime. The other side believes that a young offender does not really understand what he or she did. They argue that their brain is not fully developed. (Schiraldi) We as humans have sense for right and wrong.
They will refuse to admit that anything is wrong. At times it may be because they are embarrassed or they actually think they caused the abuse and if they keep changing it will get better. There are four stages in the battered women’s syndrome: denial, guilt, responsibility, and enlightenment. Denial When a victim of abuse is unable to admit and acknowledge that they are being subjected to domestic violence, the denial of the abuse occurs. In many instances, a battered woman does not realize that they are being subjected to domestic violence.
Currently, as we can see gun control is the controversial issues for many people; especially in America. Due to the mass shootings, people have different opinions about why or why not gun is a useful tool or detrimental. According to Diane Dimond’s essay “Kids and Guns and Public Safety”; he presents about the gun owner needed more personal responsible with conscience of how they using it rather than gun control. Moreover, he believes that it is not all about what parents want their child to do so, when the things happened. Then, he tries to say that this is everyone responsible for him/herself
4 Criticism and Challenges The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends
Sushma Swaraj, India 's foreign minister considers this a legal and ethical problem. ethos As the head of “a panel that examined the legal and ethical issues involved in commercial surrogacy and drafted the bill”, Swaraj said that “ ‘ It is a matter of great worry because there were instances where a girl child or disabled child have been abandoned soon after birth’ ”(Lakshmi). The children born into this kind of situation are routinely abandoned, because no one is willing to take custody of them.pathos Second, the contracts surrogate mothers sign do not adequately protect their legal rights, often because they do not understand the contracts they sign (Rama). The industry of surrogacy is big business, estimated to bring in $400 million to India each year (Rama).logos Clearly someone is benefiting from the arrangement, but probably not the surrogate mothers. In addition, the surrogate mothers are not suitably protected from fraud.
Nonetheless, for the purposes of the research, it is important to define splitting as a tendency to see things as either good or bad. Alongside projective identification, it is considered to be the most primitive defence mechanism. For instance, a child who is the victim of sexual violence inflicted by parents uses splitting and separates the experience of parents s/he depends on and loves from that of parents who are sexually abusing her/him. In that case the child retains the image of parents as good, while identifying with the bad, believing that s/he is bad and that’s why such things are happening. The splitting mechanism may be used to explain body-related feelings attested to by trafficking victims.
Is the trial court prohibited from dismissing the complaint under Juv.R. 29(F)(2)(d)? 3. Did the trial court commit an abuse of discretion when it dismissed the complaint under Juv.R. 29(F)(2)(d) even though the record was contrary to the best interest of the public and the child?