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Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer
Understanding The Victim: A Guide To Aid In The Prosecution Of Domestic Violence, Jennice Vilhauer
Fordham Urban Law Journal
As one of the most prevalent crimes in the country, domestic violence is one of the most frequently handled cases for prosecutors across the nation. Despite their commonality, however, domestic violence cases can raise the anxiety level of even the most experience prosecutors. There are several causes of such anxiety. First, domestic violence cases are often plagued by evidentiary problems that occur when a victim does not desire prosecution. Second, even in states where mandatory prosecution laws have been enacted, it can still be difficult to successfully prosecute a case when a victim is hostile, uncooperative and acting in direct …
Women, Children And Domestic Violence: Current Tensions And Emerging Issues
Women, Children And Domestic Violence: Current Tensions And Emerging Issues
Fordham Urban Law Journal
A symposium in which the conference speakers give a clear and disturbing picture of how we ascribe a kind of omnipotence to mothers vis-a-vis their children. If children are hurt, it is assumed that those at fault must be the mothers, and they are likely to be blamed even when it is the father who strikes the blows, lands the punchers or terrifies the child. Somehow, we imagine they should have been able to snatch the children out of harms way. The answer to this problem ultimately lies in making sure the ways victims of domestic violence think about their …
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Fordham Urban Law Journal
Domestic violence harms children and families. In the past several years, efforts to recognize this harm have led to the passage of new state laws that allow for concurrent criminal and family court jurisdiction in domestic violence cases, mandate arrest in domestic violence situations and require courts to consider domestic violence as a factor in custody decisions. Unfortunately, the heightened awareness of the harm domestic violence causes children has also resulted in a punitive policy towards battered women in the child welfare system. Increasingly in New York City, abuse and neglect proceedings are brought against battered mothers. Their children are …
The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza
The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza
Fordham Urban Law Journal
The Uniform Child-Custody Jurisdiction and Enforcement Act ("UCCJEA") is the revised version The Uniform Child Custody Jurisdiction Act ("UCCJA"), which states are now being asked to adopt immediately in its stead. The UCCJA was the original model act for states to determine when they have jurisdiction to decide a custody case and when they must give full faith and credit to the custody decrees of other states. When the National Conference of Commission on Uniform State Laws ("NCCUSL") wrote the UCCJA in 1968, it sought to correct two major problems of its day: child abductions by family members and jurisdiction …