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Historical Analysis and Analysis of Relevant Criminological Theories

Shawnette Howard

SNHU

CJ520

Historical Analysis

Domestic abuse is the public policy problem to be discussed. Domestic violence consists of one individual's manipulation, oppression, stigmatization or humiliation by interpersonal relationships by mental, physical and sexual means.

Trends

In this section, the trends in domestic violence within the American criminal justice system will be identified. Earlier, the system condoned domestic violence as it was not viewed as a crime or a problem in society. In the 1800s, women were abused by their romantic partners despite the women’s rights movements. Over time, the act became socially unacceptable and society started treating domestic violence as a problem. Most domestic violence ordeals were fueled by the desire to portray power and control (Chapman & Monk, 2015). During the early 1900s, although domestic violence was acknowledged, it was treated as a private family matter. In the 1960s and 1970s, the Women’s Liberation Movement pushed for the recognition of domestic violence as a crime. That led to the development of laws and regulations and the formation of policies that advocated against domestic violence. Today, domestic violence is treated as a very serious issue that is punishable under the law in the US.

Court Cases

Several court cases have helped in the formulation of public policies against domestic violence. The first court case is the case of US v. Castleman, which was decided in the Supreme Court of the US. The decision of the court case led to the barring of gun ownership by the perpetrators of domestic violence (Corbin, 2015). Such public policies aimed at reducing domestic violence. When the perpetrators of domestic violence possess a gun, it increases the likelihood of severe domestic violence occurring. The second court case that will promote policy formulation against domestic violence was the case of Alvera vs. CBM Group, which was decided in the US District Court for the District of Oregon in 2001. The case advocated the minimization of discrimination against domestic violence victims. It led to the formulation of policies that would ensure that the victims of domestic violence recover successfully.

Public’s Perception

Over time, the public started viewing domestic violence as a criminal and dangerous act. Earlier, it was just tolerated by with time the public started pushing for changes that would enable favorable public policies against domestic violence were formulated. The Women’s Liberation Movement is an example of an organization that was founded to promote the public perception that domestic violence should not be seen as a private matter and it should be addressed amicably (Krizsán & Roggeband, 2017). Further, the feminist advocates brought the problem of domestic violence to the attention of the public and policy makers so that the issue would be addressed. They criticized the criminal justice system for not taking the issue seriously.

Future Direction

The policies on domestic violence are likely to continue evolving as time passes. The future public policies advocating against domestic violence are more likely to be serious and have more stringent consequences. Therefore, in the future, the issue of domestic violence will be taken more seriously, and the perpetrators will face harsher consequences. Thus, more public policies will continuously be formulated to address the issue until it is evicted completely.

Criminological Theory

A criminological theory that can be used to explain the development of public policies related to domestic violence is the strain theory. Strain theory identifies that public policies and national welfare should be used in the reduction of crimes and social problems (Agnew & Brezina, 2019). Therefore, the strain theory explains why there were public policies that were developed in the quest to reduce domestic violence in the US. Such public policies were essential as they would help in addressing domestic violence in the US. As more public policies were formulated, the problem of domestic violence was publicly acknowledged thus being addressed and minimized in society.

Theory and Departmental Policy

The strain theory indicates that public policies are used to reduce the social problems that are experienced in society. In this case, the departmental policy would be used to address domestic violence and reduce it. That indicates that as the departmental policy works effectively, it portrays the strain theory. Thus, both the departmental policy and the strain theory are used to help address domestic violence and reduce it in society.

State and Federal Public Policies

The state and federal public policies that were formulated were used to reduce domestic violence in society. An example of a federal public policy that was formulated was barring gun ownership to domestic violence perpetrators. That goes in tandem with the strain theory, which also seeks to reduce domestic violence through policy formulation.

References

Agnew, R., & Brezina, T. (2019). General strain theory. In Handbook on crime and deviance (pp. 145-160). Springer, Cham.

Chapman, A., & Monk, C. (2015). Domestic violence awareness. American journal of psychiatry, 172(10), 944-945.

Corbin, B. A. (2015). Goodbye Earl: Domestic Abusers and Guns in the Wake of United States v. Castleman-Can the Supreme Court Save Domestic Violence Victims. Neb. L. Rev., 94, 101.

Krizsán, A., & Roggeband, C. (2017). The gender politics of domestic violence: Feminists engaging the state in Central and Eastern Europe. Routledge.