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type batter

Damage or wear to type, resulting in a defective impression. Because each battered type creates a unique impression, Hinman, Blayney, and others have successfully used evidence from ...

Women

Women   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
29,097 words
Illustration(s):
7

...of domestic abuse became an important plank in the late-twentieth-century feminist platform. Women used public-education campaigns to resist cultural norms that relegated family violence to a private sphere untouched by societal or governmental intervention; they founded battered-women's shelters and legal-service organizations to provide women and children with alternatives to remaining in the homes of their abusers; and they sought to alter formal and informal law-enforcement policies of nonintervention in domestic disputes. By the 1990s, feminists...

Domestic Violence

Domestic Violence   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
3,592 words

...women assault or kill their batterers. There is no “battered women’s defense”; however, many such cases can be fitted into traditional criminal law doctrines such as self-defense and diminished capacity ( see criminal law principles ). In trying to explain the woman’s actions to a jury, most courts have allowed the introduction of expert testimony on why the victim endured the abuse, and did not leave. While women’s response is sometimes labeled “battered women’s syndrome,” many authorities in the field believe that battered women’s response to abuse is...

syndrome evidence

syndrome evidence   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
725 words

...controversial. In particular, syndrome explanations are becoming a common way of accounting for the actions of women in cases where they are accused of criminal offences, as in Battered Woman Syndrome, or, where they accuse others of crimes against them, as in Rape Trauma Syndrome. Typically, though not exclusively, it is women who are characterized as suffering from these types of syndromes. It is much easier for syndrome evidence to be admitted in the courts if it has been officially recognized as a syndrome through inclusion in the DSM‐IV‐TR (the...

child abuse

child abuse   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
510 words

...since the nineteenth century, justified law's intervention in the parent–child relationship, overriding the principle of parental authority. However, it was not until the ‘discovery’ of ‘battered child syndrome’ in the 1960s, by the American paediatrician, CH Kemp, that ‘child abuse’ took on significance for policymakers and courts . Since then, several different types of child abuse have been identified by psychiatrists and the caring professions—physical abuse, sexual abuse, emotional or psychological abuse, and, most recently, ritual abuse. A...

Harassment

Harassment   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
1,285 words

...private bodyguards are often employed for protection against the stalker. See also Criminal Law Principles ; Domestic Violence-Partner Abuse Lenore Walker , The Battered Woman , 1979. Violence Against Women Grants Office, Domestic Violence and Stalking: The Second Annual Report to Congress under the Violence Against Women Act , 1997. Neil Jacobson and John Gottman , When Men Batter Women , 1998. Patricia Tjaden and Nancy Thoennes , Stalking in America , 1998. Joanna L....

homicide

homicide   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
879 words

...stage. Certainly the stigma attached to the current labels does vary—it is argued that murder is seen as a peculiarly heinous offence and should be clearly seen as such. But using the mental state of the defendant is a relatively uncertain guide to distinguish moral guilt—the battered wife who kills, the doctor who kills the terminally ill patient or the disabled child soon after birth, often attract little blame or moral stigma. Yet they are liable to a mandatory life sentence. Steve Uglow See also: corporate criminal liability ; crime and violence ; ...

Criminal Law Principles

Criminal Law Principles   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
4,601 words

...the “battered woman” defense. Experts, who studied a number of battered women, concluded that many women who had experienced violent beating by men over a period of time suffered from “learned helplessness,” which made it difficult for them to leave their batterers. These women could also predict when their batterer was going to attack them, even though the man did not expressly threaten death or serious bodily injury. Based on this social science research many courts allowed female defendants charged with killing or seriously injuring their batterers to...

Sex Offenses

Sex Offenses   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
1,217 words

...requirements of force and lack of consent have proven controversial in several cases where courts reversed rape convictions after concluding that the element of non-consent was proven, but not the element of force. In State v. Alston ( 1984 ), the defendant had previously battered the victim and, shortly before intercourse, “threatened to ‘fix’ her face,” but the court concluded that while these factors may have “induced fear” in the victim, they were “unrelated to the act of sexual intercourse.” Although State ex rel. M.T.S. ( 1992 ) held that the...

Organized Crime

Organized Crime   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
5,073 words

...Cosa Nostra gathered vast, unpublicized power not only in strictly criminal activities but in the allied fields of labor racketeering and urban machine politics, which deteriorated rapidly under the pressure of relentless RICO prosecutions. Even though the Cosa Nostra has been battered by intense law-enforcement efforts, it would be premature to write its obituary. The Future of Organized Crime. Organized crime has not disappeared from American cities. While the Mafia may live off its vaunted reputation, new ethnic gangs from Latin America, East Asia, and...

Gender and Law

Gender and Law   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
4,164 words

...an ongoing context of inequality and gender neutrality. Mothers have been disadvantaged under shared custody rules that ignore actual care in favor of formal equality between parents. Mutual injunctions have been issued in domestic violence situations, failing to distinguish batterers from victims or offensive injuries from defensive injuries. The availability of domestic violence remedies has also been used to sanction parents who fail to remove their children from violence, discouraging the use of domestic violence remedies because of these consequences....

Women and Migration

Women and Migration   Reference library

Maura I. Toro-Morn

The Oxford Encyclopedia of Latinos and Latinas in Contemporary Politics, Law, and Social Movements

Reference type:
Subject Reference
Current Version:
2015
Subject:
Social sciences, Politics, Law
Length:
3,216 words

...Immigration Appeals granted asylum to Rodi Alvarado Pena, a Guatemalan woman who had been victimized by her husband for more than ten years. More recently, the Department of Homeland Security granted asylum to a Mexican woman, known as L.R., who was sexually abused and severely battered by her common-law husband. L.R. testified in court that she endured rape at the point of guns and machetes and that her common-law husband once tried to burn her alive. Clearly, more work needs to be done to fully document how gender-based oppression—including intimate partner...

Narrative

Narrative   Reference library

Assnat Bartor

The Oxford Encyclopedia of the Bible and Law

Reference type:
Subject Reference
Current Version:
2015
Subject:
Religion, Law
Length:
6,254 words

...Gibeonites feared they would suffer the same fate and sought to attach themselves to the conquerors. They realized that they would have to deceive the Israelites; otherwise, as Canaanites, they would be similarly doomed for destruction. So they took worn-out clothes and torn and battered belongings, to appear as though they had been through a long and grueling journey, and presented themselves thus: “We have come from a far country” ( v. 6 ). Joshua and the other leaders of the Israelites fell for the ruse and made a covenant with them, promising on oath that...

Women

Women   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
22,697 words

...increase their vulnerability to violence. In many countries in the region, no specific laws or provisions exist to penalize domestic violence. Domestic violence is generally considered to be a private matter outside the state's jurisdiction—although extramarital sex is not. Battered women may find it difficult to obtain protection and redress from the courts and are often told to go home if they attempt to file a complaint with the police; in several reported instances, an abusive husband was telephoned to come collect his wife. Women and their children are...

United States

United States   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
22,172 words

...and a branch of the state legislature, kidnapped, killed, and buried beneath tons of dirt three civil rights workers: Michael Schwerner , James Chaney , and Andrew Goodman . During the FBI's months-long search for the missing men, black body after black body, often battered, usually mutilated, decomposing, and clearly lynched, was pulled “from the lower reaches of the Mississippi River” (“More Violence in American South”). Yet, none was Schwerner or Goodman, both of whom were white, or Chaney. The stark brutal reality of the deadly violence and...

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