Cons of Battery Laws
Battery is defined as both a criminal and a civil violation of the law. According to Blacks Law Dictionary, the criminal explanation of battery is the extreme use of force against another (2001). This form of battery is generalized as a misdemeanor offense. There exist other forms of battery like aggravated battery, sexual battery, and simple battery. The crime of aggravated battery is the felony form where the injury to the victim is more serious or may have involved the use of a weapon. Sexual battery involves forced sexual contact that is very similar to rape. Given the nature of the offense, this form of battery is classified as a felony by most states. Simple battery can occur in verbal form or through intimidation where as no actual physical contact takes place. Simple battery is very common and is labeled a misdemeanor. In lieu of the civil procedure for battery, the crime itself is determined without criminal justification. Civil battery is determined that the incident occurred more likely than not. Damages are sought by the victim of the offense in many cases without a battery conviction from the criminal court.
Battery is a form of domestic violence (Shestokas, 2008). Advocacy groups have concurred on this belief as battery is often at the center of many incidents of domestic violence. Families, married couples, same-sex couples, and single-parent homes are all subjects of domestic violence. Abuse can occur without physical altercation. Verbal and emotional abuses are sometimes more damaging to an individual than a physical act of violence. Children in abusive situations are most impressionable and usually bear the brunt of all the organized chaos on the home front. As a result of living in such a tormented environment, these children grow up predisposed to commit the same social acts of violence and abuse against others. The cause and effect in this scenario are predestined.
Criminologists have attempted to pinpoint the origin of abusers, or batterers. Many theories reference the broad make-up of an abuser, but an actual profile of an abuser is unachievable because each incident is triggered by different elements (Gaines Miller, 2007). Abusers are categorized by a very classic set of characteristics that serve as the baseline. Abusers typically are unemployed or underemployed. Many have little if any formal education devoid of a high school diploma or general education degree (GED). Drug and alcohol abuse is commonly found. In some cases, there are verifiable incidents of mental illness. Still, some abusers admit to having experienced incidents of domestic violence as children as well (Edwards, 2010). When delving deeper into the framework of an abuser, social and family dynamics are frequently noted to having played an intricate part in the dysfunction of an abuser. Some abusers have reported being under a tremendous amount of stress. While stress is not a valid rationalization for criminal behavior, it does open a door to a better understanding as to why battery occurs.
The physical health and structure is of great importance when examining an abuser. Particular attention should be given to any residual medical conditions past or present. For instance, certain medications can produce behaviors that under normal conditions would not arise. Thyroid dysfunction can have a devastating effect on every system within a human body. The prescribed use of corticosteroids for pulmonary, autoimmune, and neuropathy diseases can suggest psychological malfunctions in an individual. The field of neuroscience may wish to evaluate the brain function of an abuser to see if there existed an underlying tumor or circulatory problem in the brain that would interfere with otherwise normal brain functions (Samaha, 2006). Poor diet and malnutrition can also account for violent behaviors. Sadly, many abusers do not believe that a problem exists on any scale.
From a psychological perspective, it is easy to assume that these patterns of behavior have most likely been learned. Persons growing up in a home where acts of physical violence took place on a daily basis may have no other comparison to what is deemed normal within society. Adult children of alcoholics and drug addicts encounter issues of problematic normalcy within day to day life as a result of their dysfunctional cognitive upbringing. Many mentally ill individuals go undiagnosed for years before obtaining the proper diagnosis and treatment. Incidents involving criminal proceedings can open the door for recovery for some persons, as courts are known for requesting psychological evaluations. Mood disorders such as bipolar disorder or schizophrenia could be masked or even hidden beneath a substance abuse problem. Mentally ill people have been known to self-medicate for years without even knowing that a mental illness was present. Surprisingly, women are more often abusers than their male counterparts. Psychiatrists have correlated this fact to levels of serotonin produced within the brain (Samaha, 2006). Men experience fluctuations of serotonin when angered accompanied with higher levels of testosterone being produced. Women experience hormonal fluctuations daily as levels of estrogen filter ovulation and child rearing. The levels of serotonin in women create chemical imbalances and promote irrational mood swings. The Duluth Theory states that women are more often the abusers in an incident of battery than are men (Davis, 2008). Women have been psychologically diagnosed many times over to be suffering from conditions of Pre Menstrual Syndrome (PMS), Post Partum Depression (PPD), and Post Menstrual Dysphoric Disorder (PMDD). Some could argue that these conditions are psychological camouflages used to dismiss personal accountability for ones actions of violence. It is a very well calculated way to ease ones conscious. In a study conducted to test the validity of the Duluth Theory, it was determined that between 1970-2000, violent crimes saw an increase at the hands of men by 85 and at the hands of women by 260 (Davis, 2008). Womens Rights and advocacy groups have conveniently failed to report these statistics to the general public. It would appear that the legal community has fallen victim to believing the bias that men are women-hating Neanderthals (Burton, 2008).
The legal and financial obstacles encountered by a convicted abuser are not idealistic. An abusers initial contact with the legal system begins with a member of law enforcement. Officers are remarkably trained to handle incidents of battery and domestic violence. The typical provision involving a domestic battery requires that one person must vacate the premises. Unfortunately, the male is usually the one arrested. The alleged batterer is taken to the police station for processing and booking. Pictures, fingerprints, and a formal statement are collected and placed into a now permanent arrest record. Restraining orders are contracted while the batterer is still being held as a means to provide protection to the victim (Shestokas, 2008). If the alleged criminal is devoid of any prior criminal record, bond is usually suggested. Bond allows the abuser to be released from jail on the contingency that the appearance for court is guaranteed. During this time, the alleged criminal is prohibited from contacting the victim in any way as the restraining order remains in effect. Some abusers report being contacted by the victim during this time to apologize. The victim initiating the contact is a contempt charge in most domestic courts.
As the alleged criminal approaches the trial date, there is an opportunity to seek counsel via a court appointed public defender. Financial restraints make this option more viable to many abusers. If this is a first offense, the offender is usually fined heavily, ordered to perform community service, put on probation, and mandated to an anger management class. If the offender has a prior record for violent incidents, then jail time will most likely be inevitable. A misdemeanor battery charges can mandate jail time be served up to a year, while a felony battery charge can carry a prison term from two to five years (Sniechowski Sherven, 2007). A conviction of a domestic violence and battery charge will give the offender a permanent criminal record. This can make finding gainful employment difficult within some professions. The fines imposed by the court are set at the discretion of the court. If an abuser is unemployed, the stress continues to mount. Courts will sometimes work out a payment plan with a convicted offender, but the terms must be met without hesitation or the offender may lose a driver permit as a condition of the arrangement. Another interesting tidbit is that the convicted offender, if convicted of an incident of domestic violence battery, may be forced to surrender any guns to local law enforcement. Gun ownership is prohibited now by persons who have domestic violence on their criminal records. Another complication encountered by offenders convicted of domestic violence battery surrounds the issue of their children. If the offender has children with the victim, then visitations may be suspended or delayed until the Division of Children and Family Services performs or implements a visitation protocol (Gaines Miller, 2007). This provision in no way effects an obligation to pay child support. Child support is due regardless of the situation. Children affected by these visitation irregularities develop attachment disorders and residual feelings of anger against the absent parent. These factors all coupled together question the fairness of the legal system concerning the abuser.
Programs have been employed to help reduce future incidents of domestic battery at the hands of abusers. Mental Health Community Service Boards have worked conjunctively to incorporate court approved anger management classes for court referred offenders at the state level across the county. It is believed that if a person has a better understanding of self, then the ability to control malevolent behavior is more probable. Counseling services on a variety of levels have also been instituted. Individualized therapy, group therapy, and substance abuse treatment have become the standard for treatment (Shestokas, 2008). There has been a significant increase in the number of women enrolled in these programs than in the past. This is due to the number of battery incidents involving women as the abusers. Women involved in battery incidents were reported in 2007 to have used weapons 82 of the time and to have initiated the incident of violence in 24 of the cases (Sniechowski Sherven, 2007). The accepted referral programs allowed by the courts are designed to address issues pertaining to domestic battery from a variety of angles. These programs address educational drawbacks, communication barriers, mental health concerns, financial burdens, community poverty, lack of transportation, and the overall general well being of the abuser. Group therapy is a wonderful way for the convicted abuser to re-enter a social setting on a positive plateau. Group therapy encourages participation in group discussions on various topics involving anger and violence. It also provides the offender with an opportunity to hear what other abusers have encountered as they come to realize the seriousness of the situation and the detrimental effects it forces upon society. Abusers may find commonalities with other members of the group and eventually feel comfortable enough to share experiences of their own. This in turn completes a circle by certifying positive change in the abuser. When these programs are ignored and not enforced, the likelihood of recidivism is inevitable. Offenders may only be given one opportunity to succeed within the confines of a specified program. The program directors are mandated to provide the court with regular progress reports and open-ended status reports on demand (Sniechowski Sherven, 2007). Probation officers are often assigned to do spot checks on the regular attendance of the offenders in some referred programs. The legal system provides that these are safety nets designed to ensure the offenders success, but some offenders take offense to feeling observed under a microscope. The added stress can have a negative influence on the offenders success. Unfortunately, the offender is not in any position to argue the legitimacy of the court ordered mandates. These programs are often used as an alternative to serving time in jail.
True understanding into domestic battery requires that one also view the other side of the coin. The victim of a domestic battery also has rights where the incident is concerned. The victim is protected throughout the process by restraining orders, law enforcement, medical professionals, and family or friends. Community resource centers have emergency shelters in place to help the victim get to a safe environment if need be. Counseling and legal services are offered at no charge to the victim immediately. There are hotline numbers for victims to call if they need help or just need someone to talk to. Some localities even provide victims of domestic battery with free cellular phones in order to call for emergency law enforcement in the event that the abuser attempts to harm them again in the future. These services are also offered at no cost to the victim. Divisions of Family Services help victims get into private housing, provide state medical cards for the victim and their children involved, food stamps, utility assistance, and employment and educational assistance. It seems as though the flood gates open to aid the victim of the situation, but the abuser is left to somehow piece their own life back together the best way they can. Victims are afforded the opportunity to provide an impact statement in court. These statements have been known to have a lasting effect on the presiding judges over such cases. Tearful explanations citing personal feelings and fears are always included, but there is never an admission of the victims part in the incident. The belief that an abuser just flew into a rage and became violent is a myth. There is always a reaction for an equal and opposite action. Some victims have opted to participate in the shock therapy program offered to some offenders in prison. This program brings together face-to-face the victim with the offender. The offender is given the opportunity to offer an explanation, apology, and answer any questions that the victim may have. This program permits the offender to come to terms with the exact effect that their actions had on another individual. It also allows some victims to have closure.
The legal system of the United States is in no way perfect. It is flawed in many areas, but it is functional. When considering what an alleged batterer must go through, it seems overwhelming and impossible. The rights of an abuser are minimal at best. The court system was founded on the belief that a person is innocent until proven guilty, but such is not the case in incidents of domestic violence. Abusers are often stereotyped as savage beasts that do not possess the ability to control their tempers. They are often portrayed as deadbeats who do not work, use drugs, and lack the social temperament to be civil within society. Abusers are human beings with rights. The financial burdens assumed take away from supporting family and children. There is an underlying level of discrimination and bias being put forth against abusers and alleged abusers from within the legal system. Guilt is presumed before being proven. Issues pertaining to physical, psychological, and legal framework of an individual are being overlooked for the purpose of securing a conviction. The original ideology and scaffold upon which the current domestic violence and battery policies stand, they fail to acknowledge the fundamental rights of the accused. There are too many cons pertaining to the laws of battery.
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