About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

112 Law Libr. J. 457 (2020)
Abetting Batterers: What Police, Prosecutors and Courts Aren't Doing to Protect America's Women

handle is hein.journals/llj112 and id is 457 raw text is: 

KEEPING UP WITH NEW LEGAL TITLES


Klein, Andrew  R., and Jessica L. Klein, Abetting Batterers: What Police, Prosecutors,
    and  Courts Aren't Doing to Protect America's Women,  Updated  Edition. Lan-
    ham, Md.:  Rowman   & Littlefield, 2020. 308p. $38.
                      Reviewed  by Genevieve P Nicholson*
    ¶49 America  has a domestic violence problem.  Old cultural norms held men
responsible for their households and made  it their right, or duty even, to disci-
pline their wives to maintain household  order. These norms  also placed a high
value on marriage and granted privacy to domestic matters to aid the preservation
of marriage, with the consequence of shielding domestic violence. Although by the
late 1970s legislators across the country had begun to enact laws to address domes-
tic violence, the present-day culture and the criminal justice system still largely fail
to protect domestic violence victims and punish abusers.
    ¶50 Abetting Batterers: What Police, Prosecutors, and Courts Aren't Doing to
Protect America's Women  details the evolution of American laws, policies, and prac-
tices regarding domestic violence. While the book provides historical context and
addresses victim advocacy and  legislative efforts, it focuses primarily on trends in
policing, prosecution, and sentencing over the past 30 years. The book is arranged
thematically and is meticulously researched. The authors weave statistics and case
narratives from multiple jurisdictions into each section to illustrate the real-world
effects of various policies and to evaluate their efficacy.
    ¶51 The chapters on policing, prosecution, and sentencing offer a general analysis
of the three phases of the criminal justice system and detailed insight into selected
topics specific to each phase. The policing chapter highlights issues associated with
strangulation, stalking, dual arrests, and LGBTQ+ victims. The prosecution chapter
examines  practices related to plea bargains, diversion programs, victimless prosecu-
tions, and bail. The sentencing chapter discusses parity in sentencing, supervision
related to probation or parole, and the tendency to treat battering as if it were an
addiction or a mental illness. Analysis of each topic centers on how different laws,
policies, and practices either make victims safer or put them at greater risk.
    ¶52 In the last quarter of Abetting Batterers, the authors propose areas of change
that could most benefit domestic violence victims. They focus on three action items
of the highest priority: preventing abusers' access to guns, changing child custody
policies to make victim safety, rather than maintaining family unity, the primary goal,
and keeping the criminal justice system's attention on domestic violence issues. The
book was originally published in 2016, and this updated edition includes a brief after-
word  that warns how the Trump administration has threatened the progress that has
been made  on  domestic violence prevention. This warning echoes the overarching
theme  of Abetting Batterers-how  the attitudes of police officers, prosecutors, and
judges toward domestic  violence affect cultural norms. If domestic abuse carries a
lighter sentence than shoplifting, how can society view it as a real crime? If batterers
are released on bail, allowed access to guns, sentenced to probation and counseling
instead of incarceration, and freely given custodial rights to their children, how can
society view them as criminals who pose a danger? For our cultural norms to shift,
the authors argue, we need engaged police officers, prosecutors, and judges commit-
ted to making (and keeping) domestic violence prevention a priority.

     * © Genevieve P. Nicholson, 2020. Director of Research and Knowledge Services, Lewis Roca
Rothgerber Christie LLP, Phoenix, Arizona.


Vol. 112:4 [2020-151


457

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most