Annotated Bibliography: Domestic Violence Courts

Bowen, P., Qasim, A., & Tetenbaum, L. (2013). Better courts: A snapshot of domestic violence courts in 2013. Centre for Justice Innovation, 1-24.

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Bowen, Qasim, and Tetenbaum review the practice of specialized domestic violence courts since their inception in England and Wales. The authors, based in the Centre for Justice Innovation, acknowledge the gains made by the courts as indicated in rising convictions rates and successful prosecutions. The snapshot review indicates the active presence of professional victim-focused caseworkers in the problem-solving courts. However, the article warns of the looming danger to unravel the gains realized with the justice system failing to secure convictions despite increased reporting to the police. The article offers an invaluable contribution to this essay by highlighting tight budgets, and the absence of consistent delivery threaten the gains realized by the domestic violence courts. It captures a suggestive input to this essay by emphasizing that applying better-tailored protection orders blend with quality routine monitoring of perpetrators would foster victim safety, satisfaction and reducing the propensity to re-offend.

Catherine Cerulli, R. A., Nichols, C., Hall, D., Conn, K. R., & Caine, E. D. (2011). Mental and physical health symptoms of family court intimate partner violence petitioners. International Journal of Law and Psychiatry, 34(2), 94-98. doi:10.1016/j.ijlp.2011.02.002

The authors question the recognition of victims' safety and access to essential services to protect them from emotional and physical harm in the domestic violence court model. The article hypothesizes that the court could provide opportunities and a mechanism for screening mental health of victims seeking shelter and protection orders. The article highlights that the problem-solving model in the US domestic violence court is still a work in progress despite the positive impact of increased case processing efficiency and increased conviction rates for offenders. While the small sample size limits its generalization, it is an integral input to this essay by viewing the domestic violence courts as integrated care settings.

Cissner, A. B., Labriola, M., & Rempel, M. (2013, February). Testing the effects of New York's domestic violence courts: A statewide impact evaluation. Center for Court Innovation Research, 101-189.

The article investigates how the domestic violence courts work and impact since their introduction as an integral part of the problem-solving court model. The authors used the comparative approach on the domestic violence against general courts to reveal that their impact and how they operate varies with the specific procedures, structures, and locality. The authors observed higher conviction and incarceration rates amongst male offenders, thereby consistent with previous studies. Although based on domestic violence courts sampled from New York, the article offers an immense contribution to this essay by recognizing diversity in approaches, procedures, and policies define how courts pursue their goals. Its demonstration of modest impact on handling recidivism sets a crucial channel on how to optimize benefits associated with the specialized domestic courts.

Gutierrez, L., Blais, J., & Bourgon, G. (2016). Do domestic violence courts work? A meta-analytic review examining treatment and study quality. Justice Research and Policy, 75-99, doi: 10.1177/1525107117725012

Gutierrez, Blais, and Bourgon conducted a detailed inquiry on whether domestic violence courts deliver on their mandate. Stimulated by the increasingly popular model of problem-solving, the authors performed a meta-analytic review. They acknowledged that domestic violence courts had a positive impact on recidivism unlike in offenders whose cases were processed through the conventional court system. Interestingly, the study reveals low adherence to responsivity and need principles when executing offender accountability and rehabilitation. The article is an informative channel to this essay in its illustration that courts should explore the offender rehabilitation literature to accomplish best practices for countering recidivism.

Labriola, M., Bradley, S., O'Sullivan, C. S., Rempel, M., & Moore, S. (2009). A national portrait of domestic violence courts. Center for Court Innovation Research, 1- 146.

The authors present the national portrait of domestic violence courts by exploring their evolution, operating rationale, and variations in the problem-solving court. The study featured site visits to three domestic violence courts sampled in five states of California, New York, Washington, Florida, and Illinois. The site visits allowed the development of in-depth information through semi-structured interviews, courtroom observations and national surveys. The results demonstrate a national convergence in victim safety and offender accountability. The study reveals variations in policies and protocols that courts use to achieve the goals. The comparative approach adopted in the survey generates useful information indicating that courts prioritize their goals guided by the locations, statutory requirements and their specific policies. Although the study provides a thorough theoretical review on how the domestic violence courts seek to protect victims and reduce recidivism, it fails to test them. However, the article offers a valuable source to this essay from its concise account of the current field confirming diversity in the approaches models and structures guiding the domestic violence courts.

MacDowell, E. L. (2011). When courts collide: Integrated domestic violence courts and court pluralism. Texas Journal of Women and the Law, 20(2), 95-120.

MacDowell proposes pluralism and systemic view in the development of coherent reform strategies to lay the foundation for the unique functioning of domestic violence courts. The author embraces an exploratory approach to challenge the one-dimensional approach in the fragmented court system since it hinders victims from justice, safety and efficiency in the traditional court setting. Although founded on reviewing existing literature on the court functionalities, it highlights that overlooking the value of pluralism in integrated courts risks eroding the benefits attributed to the domestic violence courts. The evaluation of the advantages and pitfalls of integrating civil and criminal courts using domestic violence victims' perspective makes it useful for this essay. Additionally, its concise overview provides the basis for this essay to acknowledge how pluralism is critical to reforming the domestic court policy for it to overcome weaknesses in the integrated court model.

References

Bowen, P., Qasim, A., & Tetenbaum, L. (2013). Better courts: A snapshot of domestic violence courts in 2013. Centre for Justice Innovation, 1-24.

Catherine Cerulli, R. A., Nichols, C., Hall, D., Conn, K. R., & Caine, E. D. (2011). Mental and physical health symptoms of family court intimate partner violence petitioners. International Journal of Law and Psychiatry, 34(2), 94-98. doi:10.1016/j.ijlp.2011.02.002

Cissner, A. B., Labriola, M., & Rempel, M. (2013, February). Testing the effects of New York's domestic violence courts: A statewide impact evaluation. Center for Court Innovation Research, 101-189.

Gutierrez, L., Blais, J., & Bourgon, G. (2016). Do domestic violence courts work? A meta-analytic review examining treatment and study quality. Justice Research and Policy, 75-99, doi: 10.1177/1525107117725012

Labriola, M., Bradley, S., O'Sullivan, C. S., Rempel, M., & Moore, S. (2009). A national portrait of domestic violence courts. Center for Court Innovation Research, 1- 146.

MacDowell, E. L. (2011). When courts collide: Integrated domestic violence courts and court pluralism. Texas Journal of Women and the Law, 20(2), 95-120.