Premium
Prosecuting Domestic Violence without Victim Participation
Author(s) -
Ellison Louise
Publication year - 2002
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.00412
Subject(s) - domestic violence , context (archaeology) , criminology , attrition , criminal justice , political science , economic justice , violent crime , psychology , human factors and ergonomics , law , poison control , medicine , medical emergency , geography , archaeology , dentistry
This article explores the evidential challenges victim withdrawal presents in domestic violence cases. More specifically it examines innovative measures taken in the United States to overcome problems of proof typically associated with domestic violence prosecutions. These evidentiary initiatives have facilitated a shift towards so–called ‘victimless’ prosecution in the context of domestic violence which dispenses with victim participation. Drawing upon a ‘freedom model’ of criminal justice, this article examines whether recent developments in the United States might be emulated as a means of addressing the high rate of attrition in domestic violence cases in England and Wales.