Pragmatic Punitiveness: The Institutionalization of Criminal Domestic Violence Protection Orders
| Autor: | Victoria Piehowski, Veronica Horowitz, Joshua Page, Ryan Larson, Allison Nobles |
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| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | Social & Legal Studies. 31:679-703 |
| ISSN: | 1461-7390 0964-6639 |
| DOI: | 10.1177/09646639211061848 |
| Popis: | This paper analyzes the implementation of a domestic violence law in Minnesota that, in 2006, made the violation of a Domestic Abuse No-Contact Order a felony-level offense. Since this legal change, the rate of conviction for Domestic Abuse No-Contact Order felonies skyrocketed with stark racial disparities among Black and Native American residents, relative to Whites. Analysis of case files reveals that Domestic Abuse No-Contact Order convictions result from a range of behaviors, from seemingly mutual contact between the defendant and protected party to serious physical violence. We argue that the Domestic Abuse No-Contact Order law facilitates pragmatic punitiveness for legal actors. It is easier for prosecutors to demonstrate contact occurred than to prove domestic assault. Yet, the penalty for a Domestic Abuse No-Contact Order is as severe as the penalties for other domestic abuse-related crimes in Minnesota. Thus, the Domestic Abuse No-Contact Order law enables prosecutors to respond forcefully to domestic violence while avoiding additional burdens on their time and resources. |
| Databáze: | OpenAIRE |
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