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Unkept promises
- Creator
- Martin, Dianne L.
- Mosher, Janet E.
Unkept promises
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.- Creator
- Martin, Dianne L.
- Mosher, Janet E.
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Experts and ordinary men
- Creator
- White-Mair, K.
Experts and ordinary men
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.- Creator
- White-Mair, K.
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Evaluating criminal justice responses to intimate abuse through the lens of women's needs
- Creator
- Minaker, J.C.
Evaluating criminal justice responses to intimate abuse through the lens of women's needs
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.- Creator
- Minaker, J.C.
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Domestic violence as gender persecution
- Creator
- Razack, Sherene
Domestic violence as gender persecution
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.- Creator
- Razack, Sherene
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