Domestic Violence
Underlying Issues in Domestic Violence Cases While domestic violence is truly a problem for a lot of women, current practices make it virtually unnecessary to prove allegations of abuse. Unlike any other crime in the United States, those accused of domestic violence are presumed guilty before having to prove themselves innocent. The evidence of guilt in these cases is often nothing more than the testimony of the alleged victim. While juries are always asked to convict based upon evidence and testimony that shows guilt beyond a reasonable doubt, domestic violence issues are for some reason treated differently. Often these cases are left for juries to decide based upon the alleged victims' and abusers' testimony. Surely a jury would need more evidence to convict than a case of "he said/she said". Domestic violence cases should not be judged by different standards than other crimes. Why would anyone accuse someone of a crime they did not commit? Incentives for such accusations can be purely emotional; however, the state does make provisions for guidelines on government aid to be lifted if a woman claims to be a victim of domestic viole
Given this information, it is not unreasonable to draw the conclusion that someone already receiving aid may be likely seek a way out of losing it once they have become dependant. Battered Women's Syndrome is a real problem for many women who have been abused. This is interesting, considering that the next page goes on to say that people who have been battered or subjected to extreme cruelty are exempt from the time limits on government financial aid that non-battered people are subject to (149). Yet, there is no scientific evidence on how to treat this syndrome. Also, many cases of domestic violence are brought to court only after the relationship has gone sour, where the woman is given a cushion by claiming that she suffered from Battered Women's Syndrome. In Complex Issues in Child Custody Evaluations, Philip M. According to Ira Daniel Turket, Malicious Mother Syndrome is described as a mother who unjustifiably punishes her ex by attempting to alienate their children against the father, involves others in malicious actions against the father, and engages in excessive litigation. Scientists researching social conditions have diagnosed this syndrome, which may explain why some people could be prone to bring false accusations of abuse. A woman who suffers from this syndrome and makes false accusations of abuse has police, prosecutors, and judges alike believe that the man charged is a batterer and thus deserves harsh punishment. From a clinical perspective, families that involve Malicious Mother Syndrome are subject to serious episodes of stress and distress. This disorder affects numerous families, court systems, and law enforcement personnel throughout the U. The Friend of the Court Domestic Violence Resource Book states, "Studies show that a significant percentage of welfare recipients are victims of domestic violence" (148). When custody issues are also involved in domestic violence cases, the judge should take into consideration Malicious Mother Syndrome.
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