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Cornell University Law School

2011

Criminal Law

Arrest in Domestic Violence

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Biases In Domestic Violence Criminal Decision Making: Are System Actors Lenient In Domestic Violence Cases?, Silvana Del Valle Apr 2011

Biases In Domestic Violence Criminal Decision Making: Are System Actors Lenient In Domestic Violence Cases?, Silvana Del Valle

Cornell Law School Inter-University Graduate Student Conference Papers

This essay makes a review of studies about the presence of biases against victims in the Judicial Decisionmaking of Domestic Violence (DV) crimes. The global recognition of the phenomenon has promoted a legal reform movement, in which the United States has been part. The first reform in the topic in the US was the Violence Against Women Act (VAWA) of 1991. This federal statute detected biases not only in the judges, but also in other criminal prosecution actors -police departments and prosecutors. Then, it introduced research funds and legal tools to fight against biases, under the premise that DV is …