An international review and normative examination of the collateral consequences of criminal record disclosures for domestic abuse
Bibliographic Data
| ID | 12900677 |
|---|---|
| Authors | Katerina Hadjimatheou (0000-0002-6848-7244, University of Essex, corresponding author) |
| Year | 2023 |
| Volume | 23 |
| Issue | 4 |
| Pages | 648-668 |
| Publication date | 2023-04-18 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Criminology & Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1748-8958 • E-ISSN: 1748-8966 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/17488958231162514 |
| OpenAlex | W4366279966 |
| Language | EN |
| Citations received | 2 |
| References cited | 32 |
Domestic abuse disclosure schemes allow members of the public to request and receive information from police about the criminal histories of their partners, if they are at risk of abuse. In doing so, they open new pathways for disclosure of criminal record information beyond the spheres of employment and access to public services. This article reviews existing domestic abuse disclosure schemes and addresses their normative implications. Specifically, it examines the extent to which moral and legal criticisms that are frequently levelled at other kinds of criminal record checks apply equally to domestic abuse disclosure schemes. It is argued that, while domestic abuse disclosure schemes are less susceptible to criticisms of unfair disadvantage or disproportionate punishment than employer checks or other forms of third-party disclosure, they sit uneasily with respect for the moral agency and dignity of people with histories of abuse. These insights reveal the limits of a one-size-fits-all approach to analysis of criminal record disclosures, highlighting the need for more granular, crime-specific research in this field
Agency (philosophy · Business · Collateral · Criminal justice · Criminal law · Criminal record · Criminology · Dignity · Disadvantage · Domestic violence · Normative · Poison control · Political science · Public disclosure · Punishment (psychology · Sociology · Suicide prevention · Child Abuse and Trauma · Homicide, Infanticide, and Child Abuse · Intimate Partner and Family Violence · Law · Medicine · Psychology · Social Psychology
Making good
The Ends of HarmThe Moral Foundations of Criminal Law
The Culture of Control
Digital Punishment
Stigma
Using criminal histories to empower victim–survivors of domestic abuse
Punishment and Modern Society
The efficacy of Clare’s Law in domestic violence law reform in England and Wales
Legal systems abuse and coercive control
Scarlet Letters and Recidivism
Legal protections against criminal background checks in Europe
Are criminal convictions a public matter? The USA and Spain
Penal subversions
Legal Punishment and the Public Identification of Offenders
No black and white answer about how far we can go’
Has He Been Violent Before
Are Police Records Criminal Records
Rehabilitation as a Positive Obligation
Violence in Marriage
Redemption in the Presence of Widespread Criminal Background Checks
The Predictive Value of Criminal Background Checks
Criminal Labels, the European Convention on Human Rights and the Presumption of Innocence
Risk society
| Citations per year | 2 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |