Prosecuting Domestic Violence

A Philosophical Analysis

Bibliographic Data

ID19964938
AuthorsMichelle Madden Dempsey (0000-0002-3899-0914, Lecturer in the Faculty of Law at the University of Oxford, corresponding author)
Year2009
Pages278
Publication date2009-03-19
Open AccessNo
TypeBOOK
VenueProsecuting domestic violence (SOURCE_BOOK)
PublisherOxford University PressOxford (PUBLISHER)
DOI10.1093/acprof:oso/9780199562169.001.1
OpenAlexW2487505788
Open LibraryOL23148161M
ISBN9780199562169
LanguageEN
Citations received12

What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This book defends the claim that (within the realm of justified/permissible action) prosecutors should respond effectively; which is to say that ceteris paribus domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. In defending this claim, the book first sets out a general theory of prosecutorial practical reasoning and then considers the prosecution of domestic-violence offences in particular. Along the way, it provides an original account of the nature of prosecutorial action, the values that can be realized through such action, and the relationship between these values and the practical reasoning of criminal prosecutors. Moreover, it provides analyses of two key concepts — domestic violence and patriarchy — and explains the relevance of the latter to a proper understanding of the former. Putting these insights to work in answering the question stated above, this book provides an account of what prosecutors would be justified in doing in such cases and what prosecutors should do in order to be effective as domestic violence prosecutors. Later chapters apply this general framework in addressing the rights and duties of domestic violence victims to participate in criminal prosecutions and responding to some general objections that might be raised against envisioning the role of domestic-violence-prosecutor-as-feminist

Action (physics) · Ceteris paribus · Criminal law · Criminology · Domestic violence · Economics · Epistemology · Medical emergency · Order (exchange) · Patriarchy · Physics · Poison control · Political science · Proposition · Realm · Relevance (law) · Sociology · Value (mathematics) · Gender, Security, and Conflict · Homicide, Infanticide, and Child Abuse · Human Factors and Ergonomics · Intimate Partner and Family Violence · Law · Mathematics · Medicine · Multicultural Socio-Legal Studies · Psychology · Decision making · Family violence · Feminist jurisprudence · law and legislation · Philosophy · Prosecution · Social aspects · united states

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