Domestic Violence: A Deep-Rooted Historical Problem Now in Focus - Essay Sample

Introduction

Globally, the issue of domestic violence is increasingly becoming a major focus as its prevalence and victims increase. The problem of domestic violence runs deep in history with several cultures. However, its history with the criminal justice system is short because its illegality was enacted recently. Historically, domestic violence was often treated as a private family matter. Several traditional homes viewed the issue as a regular occurrence as men were often seen battering their wives. However, with the overwhelming societal response due to the adverse effects associated with the act, most recently, law enforcers have intervened. The criminal justice system of America is changing procedural rules to pursue criminal charges over the problem. In 1994, the Violence Against Women Act (VAWA) that certified domestic violence as a national crime was passed by the US congress (Robinson, 2017).

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Additionally, the Crimes (Domestic and Personal Violence) Act 2007 acknowledges the act as a criminal offense (Choudhry, & Herring, 2017). For one to understand the basis of the domestic violence categorization, it is critical to know the definition of a crime according to its legal definition. A crime, as classified by the congress or state, is a wrongful act, which is a felony or misdemeanor. It is an act against public law, in which the state deems necessary in the public's interest, to repress it since its repetition would harm the community at large (Robinson, 2017). Although the justice system is making significant strides in combating the factor, it is vital to understand the reasons that compel individuals to harbor the criminal behavior of domestic violence.

This article is written from the perspective of domestic violence, its prevalence in the society and the responses to the matter. It will discuss domestic violence, its characteristics, and its distribution. The article will also research additional information like offender and victim profile, and the types of relationships. Further, the paper will evaluate domestic crime through the lenses of two criminology theories (social learning theory and social control theory) and their implementation. Along with the theories, an analysis is of their strengths and limitations will be provided.

Domestic Violence and Its Prevalence

Over the years, several debates have rotated around the use of the term domestic violence to define intimate violence and partner abuse. In the US, most jurisdictions categorize wife abuse and intimate violence under domestic violence, while crime codes categorize the act as domestic or family violence. Based on the previous definition of a crime, the US Department of Justice Office on Violence Against Women defines domestic violence as a repetition of abusive behavior in any form of relationship, applied to gain control or intimidate the other partner (Babcock et al., 2016). According to the National Coalition Against Domestic Violence, the US experiences over 10 million cases of abuse victims annually. Out of the 10 million cases, about 700 murders have been linked to domestic violence. Averagely, 20 people in the US experience some form of partner violence each minute (Henry & Powell, 2016). Apart from the US, several other countries experience domestic violence cases. On a global scope, one out of every three women and one out every ten men have experienced violence from a known abuser (Bishop, 2016). Other than the US, in 2016, a report by the World Health Organization listed DR Congo at the leading position of spousal abuse with 36.8% (Bishop, 2016). While several people may assume that domestic violence involves physical violence alone, the problem may appear in various forms. The definition of domestic violence comprises physical, sexual, emotional, economic, verbal, and psychological abuses. Further, domestic violence may involve threats, cyberstalking, and stalking. While domestic violence may occur from one factor, it may incorporate several of the elements at the same time.

The measurement of domestic violence relationships is complicated because of factors like inconsistent definitions and the absence of clear indicators for relationship dynamics and statuses. Chapter 136 Subchapter III of title 42 of the US Code, in regards to domestic violence, recognizes that any person can become a victim, regardless of their societal status (Robinson, 2017). Victims of domestic violence do not have to be in an intimate relationship with the perpetrator. The World Health Organization recognizes women and children as the most venerable population (Henry & Powell, 2016). The report further indicates that about two-thirds of victimized women stay in a home with underage children. Such reports suggest that children are exposed to violence through their female caregivers or mothers. According to the American Psychological Association, half of the men who abuse their wives are likely to extend the same treatment to their children (Van der Kolk, 2017). Children living with domestically abusive parents are more likely to experience domestic violence in comparison to those who live in homes without violence. Under most circumstances, the offenders of domestic violence have experienced some form of domestic violence during their childhood. These offenders often portray levels of anger and anti-social traits. Most of the domestic violence offenders are violent; however, some of them are less violent but participate in using other non-violent means. Van der Kolk (2017), states that the less violent offenders are less likely to have witnessed violence. While most of the offenders do not showcase mental instability, they may have personality disorders. Under Criminal Law, a domestic violence crime is charged based on the principal factors of 1) the presence of a minor, 2) extremity of the victim's injuries 3) violated protective or restraining orders (Robinson, 2017).

According to Lyons (2019), situational factors like drug use and weapons have contributed to the prevalence of domestic violence. In regards to drug use, addiction to the substance can rewire the brains of an individual, making it difficult for them to function without the drug. The absence of drugs can result in irritation, a loss of control, and a disregard for positive behaviour, which ultimately leads to violence. Unlike sober people, addicts have a difficult time determining the consequences of their actions, based on the fact that their minds are affected. Such conditions seem to reoccur, a factor that facilitates the development of unhealthy relations that turn to violence for solving problems. The access of weapons like guns have escalated the numbers of domestic violence cases because it makes it easier for abusers to control and threaten their victims.

Additionally, social control factors like cultural values have influenced domestic violence in societies. Studies have shown that in comparison to Caucasian women, both African- Americans and Latinos are more likely to suffer from domestic violence, as a result of their cultural values (Malory et al., 2016). In the two latter cultures, people are less likely able to define specific behaviours like shoving, while Caucasian may take the behaviours seriously. Such inconsistent definitions may cause challenges to intervention programs.

Theories of Domestic Violence

Social Learning Theory

Based on the work of Albert Bandura, the social learning theory is one of the most popular explanations for domestic violence (Nasi, Aaltonen, & Kivivuori, 2016). It is an overall theory of crime and criminality which captures the behavioral approach of the issue, based on an individual's cognitive process. The theory considers learning rather than qualities. The theory is based on the principal assumption that occurrences in an environment may play a critical role in guiding people's behavior. The behaviors associated with domestic violence are learned either directly or indirectly (Sellers, Cochran, & Winfree, 2017). The learning process can happen through observation and reinforcement from both society and family.

Further, the learning process begins with childhood and escalates into adulthood. Often, domestic offenders use the methods as a means of conflict resolution or as a coping mechanism to stress. The conceptualization of the theory revolves around the fundamentals of:

• Imitation- refers to the emulations of behaviors of role models
• Definition- referring to the acceptable attitudes and value with the environment
• Differential association- referring to the influence of attitudes and behaviors from the intimated partners
• Differential reinforcement- referring to the rewards linked to the behaviors.

From the perspective of criminal law, individuals engage in the crime of domestic violence as a result of associating with other people who engage in the same. During childhood, children observe their parents/guardian's behaviors in intimate relationships. Childhood observations and repeated exposure to a specific parenting style provide a basis for deriving behavioral alternatives and principles for intimate relations in children, as well as adolescents. In several cases, the theory is applicable in explaining the intergenerational cycle of violence in relationships. The theory best explains the anger and aggression of physically violent partners. For example, if a family with children handle their stressors through resorting to aggression, the children are at a higher risk of exhibiting the same behavior as adults (Henry & Powell, 2016). The adulthood behavior is fueled by the fact that the exposure to violence teaches approval for its use.

Additionally, the children learn that violence is acceptable behavior and is an efficient method for taking charge, changing other people's behavior, and solving problems. According to Koon-Magnin et al. (2016), children may internalize the beliefs and behaviors of their parents, ultimately leading them to showcase the same. Transmission of violent behaviors occurs as a result of modeling, reinforcement of the same (in that violence is favorable), and failure to learn standard coping mechanisms, which impairs the children's judgment.

Magnin et al. (2016) state that the study of violence and aggression in relationships began in the 1970s. Much of the earlier work was obtained from studying distinctive populations like clinical populations. Currently, numerous studies support the theory in regards to general patterns of violence. The overwhelming support for the theory has employed national samples. Results from the studies generally support the relationship between experiences of violence in childhood and later adverse outcomes. The National Family Violence Survey reported that the link to violence years ahead is more pronounced from children living in shelters, as more violence is exhibited in such areas. A study by Roberson and Wallace (2016) ascertained, through the use of a prospective study, that childhood physical abuse significantly determined injury to a partner in later years.

The limitations of the social learning theory are derived from its lack of scientific proof. Critics of the approach also hold that it fails to separate the two terms of witnessing and experiencing (Sellers, Cochran, & Winfree, 2017). According to critics, exposure to the two separate terms has different effects on learning domestic violence. Several of the studies meant to prove the theory have methodological weaknesses. For example, the researches utilize clinical samples, which generally record a stronger connection between earlier and later violence. Also, the methodology utilizes...