Legal Criminal Justice Strategies to Reduce Interpersonal Violence Essay

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Violence is an intentional aggressive action against another person that can present as a physical attack, sexual assault, or psychological abuse. Some forms of violence also include nonactions in the form of neglect. Interpersonal violence is usually described in one of two ways: as community violence or as family violence. Several unique acts of violence fall under each of these headings. Interpersonal violence negatively affects our society by leaving emotional and psychological wounds on families and communities and draining our community and financial resources. The costs of medical care, counseling, and lost wages from missed work due to violent acts are astronomical. Although the criminal justice system cannot address every issue involved to eradicate interpersonal violence, there are criminal justice strategies in place to assist victims and to hold perpetrators accountable for their actions.

Community Violence

Community violence entails violent acts between strangers or acquaintances that emulate a victim– offender relationship. It may describe an assault committed by a neighbor against someone else in the community or a random act of violence involving two strangers. Community violence takes many forms, which include various types of violence in a multitude of settings. Particularly, interpersonal violence occurring at colleges and schools has recently increased at an alarming rate.

Campus Violence

Traditionally, colleges, schools, and other institutions were not held liable for acts of violence committed on their property. However, there has been an increase in the number of civil actions against colleges and universities as a result of their failure to take the necessary precautions to ensure the safety of their students. As a result of these suits, there has been a major shift toward strengthening security in educational institutions. These institutions now have a greater sense of responsibility to ensure the safety of their students, faculty, and staff. Currently, legislation such as the federal Students Right-to-Know and Campus Security Act mandate that colleges and universities publish reports regarding their campus crime rates so that students and their families can make their own determination regarding the safety of the school.

One form of interpersonal violence in a school setting is hazing. Hazing is a form of initiation or testing for new recruits who are interested in joining a particular campus organization, most notably fraternities, sororities, and athletic teams. The hazing practices often involve physical assault and/or psychological abuse against the interested pledge to test his or her loyalty and dedication to the group as well as his or her stamina. Most states recognize certain types of hazing behavior as a crime, although the definition of criminal hazing varies by state. Currently, there are 44 states that have enacted statutes in an effort to decrease the occurrence of violent acts of hazing.

Hate Crimes

Interpersonal violence includes hate crimes. Hate crimes are violent acts that are committed because of a victim’s religion, ethnicity, sexual orientation, disability, race or ethnicity, or a combination of these factors. Hate crimes can be committed through physical attacks against the victim, malicious destruction of property, and harassment—to give a few examples. Unfortunately, there is a severe amount of intolerance embedded in our society that is exemplified by the increasing number of hate crimes committed each year. In response, 43 states and the District of Columbia have enacted criminal penalties for committing such crimes. Furthermore, several of these states now mandate enhanced penalties for hate crime offenders. These enhancements often include a victim– offender restitution program, which aims to deter offenders from committing acts of violence in the future. In addition, many states require hate crime offenders to complete a diversity awareness program as part of their sentence. Other states have implemented training for court personnel, law enforcement, and even school district officials in identifying, reporting, and prosecuting hate crimes. Organizations and agencies are also being penalized in many states for failing to report hate or bias crimes. All of these measures demonstrate an effort to decrease incidents of hate crimes.

Family Violence

Family violence includes acts of child abuse, child neglect and maltreatment, violent acts between intimate partners, and elder abuse.

Elder Abuse

Elder abuse is an intentional or negligent act, most often committed by a caregiver, which causes harm or serious risk of harm to a vulnerable adult. Elder abuse, like other forms of family abuse, is often underreported. Currently, a national database to track the exact number of elder abuse cases does not exist. However, based on various surveys and samples, estimates of the frequency of elder abuse are recorded and criminal sanctions are in place for persons found guilty of elder abuse. The exact penalties vary from state to state; however, most states have legislation that determines the penalty according to the type and severity of abuse. The charges and penalties may range from simple assault to manslaughter or murder. Studies show that elders are usually abused by members of their family, particularly at the hands of a spouse.

Intimate Partner Violence

As previously mentioned, intimate partner violence is a form of family violence. Intimate partner violence includes both a single act of physical or emotional maltreatment by one intimate partner against the other and a pattern of repeated abuse. In addition, it includes conduct by one partner intended to assert or maintain control and power over the other through the use or threat of physical harm, financial control, and emotional manipulation.

Intimate partner violence has recently received some much needed recognition, and as a result, there is now an increased understanding of the detrimental effects on children who witness violence. In most states, courts have established programs that help identify victims of intimate partner violence and refer them to other service organizations. These services often include counseling, medical care, and safety and financial planning. At the same time, some states are initiating services specifically tailored for the batterer and have implemented criminal justice strategies to address intimate partner violence. The victim may pursue assault or criminal charges against the abuser. If found guilty, these state programs have joined forces with facilities that offer rehabilitation services for batterers, such as anger management classes and batterer counseling. Completion of these programs is often incorporated into the abuser’s sentencing and terms of probation in an effort to decrease the likelihood of future incidents of violence. In addition, all states offer some type of civil restraining order that requires the batterer to refrain from abusing or threatening to abuse the victim along with various other terms of relief. In most jurisdictions, violation of the terms of the order may cause the offender to face criminal liability, including jail time.

Most states have implemented a collaborative effort between the criminal and civil courts, law personnel, and counseling professionals to effectively address interpersonal violence within the community.

Bibliography:

  1. Boucher, J. (2005). Hazing and higher education: State laws, liability, and institutional implications. Stop hazing: Educating to eliminate hazing. Retrieved May 30, 2017, from http://www.stophazing.org/hazing-and-higher-education/
  2. Lees, M., Deen, M., & Parker, L. (2000). Why do young people join gangs? Research Review: Gang Violence and Prevention. Retrieved May 30, 2017, from http://www.cuomosite.com/law%20pages/HW%2021%20readings.pdf
  3. Littleton, H. (2005). Interpersonal violence on college campuses: understanding risk factors and working to find solutions. Retrieved May 30, 2017, from https://www.ncbi.nlm.nih.gov/pubmed/24481751
  4. National Center on Elder Abuse. (2005). Elder abuse prevalence and incidence. Retrieved May 30, 2017, from https://ncea.acl.gov/
  5. National Criminal Justice Reference Service. (2006). Special Feature: Family Violence. Retrieved May 30, 2017, from https://www.ncjrs.gov/family-violence/

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