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experiences of immigrant women with the neo-criminalization of wife abuse
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Martin, Dianne L.
- Creator
- Mosher, Janet E.
- Thesaurus
- strafrecht, huiselijk geweld, allochtonen, Canada
- Description
- Aggressive criminal justice intervention in cases of wife abuse, characterized in particular by mandatory charging and no-drop prosecutorial policies, is frequently held out as offering two broad promises to women: protection for individual women experiencing wife abuse: and the transformation of the norms which currently sustain men's violence against women. The authors argue that not only has aggressive criminal justice intervention failed thus far to deliver on these promises but that it is, by its very nature, incapable of doing so. While its inability to do so is related to many factors which are discussed in the paper, perhapes the most significant is the multitude of harms that aggressive criminal justice intervention brings in tow for women, particularly those who are socially and economically marginalized.
locating R. v. Lavallée, battered woman syndrome, and the 'new' psychiatric expertise on women within Canadian legal history
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- White-Mair, K.
- Thesaurus
- getuigen, mishandeling, psychische stoornissen, huiselijk geweld, Canada
- Description
- This article examines historically the nature of medical 'experience' and the role of the expert witness in the trials of Canadian women charged with killing their - abusive male partners. The author argues that we can add conceptual depth to our reading of R. v. Lavallée and other contemporary cases where battered woman syndrome (BWS) is raised in a self-defence claim by looking to past practices of engaging medical expert opinion evidence in the courtroom and the historical development of psychiatric expertise in such cases. Within the context of Canadian legal history, this analysis reveals how 'new' medical-legal innovations, such as BWS not only reinvent old theories about women's behaviour but also perpetuate the artificial dichotomy between 'expertise' and 'common sense'. By turning the gaze inward and focusing on the courtroom, this analysis highlights a number of the more subtle legal processes that get in the way of correcting deep gender biases in the practice interpretation of Canadian law.
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 2001
- Magazine Number
- 1
- Creator
- Minaker, J.C.
- Thesaurus
- strafrecht, huiselijk geweld, Canada
- Description
- Strong punitive measures and an aggressive criminal justice response have been at the forefront of contemporary approaches to domestic violence across Canada. If current justice policies in Canada are taken as an indicator of the needs of women in abusive relationships, then women are calling for a 'get tough' approach to domestic violence, including amplified police surveillance, harsher punishments for male abusers, and an extension of criminal law. Is this what female victims of abuse are seeking? This article re-introduces women's needs as a significant component in the analysis of the successes and/or failures of the criminal justice response to woman abuse. The article is based on qualitative interviews conducted with women who have been victimized by intimate violence and have called upon the criminal justice system for assistance. The main objective was to learn what the women identified their needs to be and whether, if at all, the criminal justice system responded to those needs. The interview data were used to analyze the extent to which, and the manner in which, the criminal justice system responded to the needs they articulated and then to consider whether the criminal justice system is structurally capable of responding to these needs. A re-thinking of 'women's needs' and a clarification of the corresponding notion of 'choice' emerged from this analysis.
a dialogue reading of experiences of survivors of domestic violence with legal representation
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1995
- Magazine Number
- 2
- Creator
- Seuffert, Nan
- Thesaurus
- huiselijk geweld, Maori's, Nieuw-Zeeland
- Description
- This article considers the analysis of in-depth qualitative interviews conducted with non-Maori women who are survivors of domestic violence about their legal representation in New Zealand. Seuffert argues that the epistemological stance of positionality has implications for the analysis of research data and the presentation of findings
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1998
- Magazine Number
- 5
- Creator
- Digneffe, F.
- Creator
- Parent, C.
- Thesaurus
- huiselijk geweld, daders, recht
- Description
- Current developments in legal responses to the issue of violence against women in intimate relationships. The authors focus on institutional innovations in the prosecution and resolution of complaints about domestic violence, in particular, the movement to develop alternative methods of dispute settlement such as mediation.
battered women's experience of the justice system in New Zealand
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Busch, Ruth
- Creator
- Robertson, Neville
- Creator
- Lapsley, Hilary
- Thesaurus
- huiselijk geweld, slachtoffers, politie, strafrecht, Nieuw-Zeeland
- Description
- This paper focuses on the gap which the author's discovered between women's realities of the violence that they face from their abusers and the minimisation, trivialisation, and victim blaming that they so often encounter when they seek protection from the family court and the criminal justice system. 'The gap' is analysed from the perspective of women victims and used to evaluate the law as wel as the policies and procedures which have been adopted by police, judges, and family court counsellors for dealing with spousal violence cases. ( Kinderrechter )
policing the borders of nation, race, and gender
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1995
- Magazine Number
- 1
- Creator
- Razack, Sherene
- Thesaurus
- vreemdelingenrecht, huiselijk geweld, asiel, sekse, Canada
- Description
- This essay begins with a two-part discussion of the subject of gender persecution: 'who is the subject in Western feminist theory?' and subsequently, 'who is the subject in the burgeoning legal scholarship on gender persecution?' The author argues that the subject is a culturally othered women. She then turn to examples of how the concept of gender persecution operates in cases brought before the Canadian Immigration and Refugee Board under the new gender persecution guidelines to Canada's Immigration Act. The cases she discusses primarily involve domestic violence.
Showing 1-7 of 7 records.