Access

You are not currently logged in.

Access your personal account or get JSTOR access through your library or other institution:

login

Log in to your personal account or through your institution.

THE SIGNIFICANCE OF COMPELLABILITY IN THE PROSECUTION OF DOMESTIC ASSAULT

Antonia Cretney and Gwynn Davis
The British Journal of Criminology
Vol. 37, No. 1 (Winter 1997), pp. 75-89
Published by: Oxford University Press
Stable URL: http://www.jstor.org/stable/23637922
Page Count: 15
  • Download ($42.00)
  • Cite this Item
THE SIGNIFICANCE OF COMPELLABILITY IN THE PROSECUTION OF DOMESTIC ASSAULT
Preview not available

Abstract

With the declaration of the competence and compellability of a spouse to give evidence against a violent partner it was hoped that a significant barrier to the effective prosecution of 'domestic' assault had been removed. Examination of the theoretical arguments for and against compulsion suggests that these are finely balanced. Empirical investigation reveals that, partly for pragmatic and partly for humanitarian reasons, the compellability provision is not enforced. This means that assailants still deem their victims responsible for the continuance or otherwise of a criminal prosecution against them, while from the point of view of the prosecuting authorities the woman's withdrawal of co-operation continues to lay her open to criticism. It follows that prosecutions for 'domestic' assault are still characterized by a sense of frustration and failure on all sides.

Page Thumbnails

  • Thumbnail: Page 
75
    75
  • Thumbnail: Page 
76
    76
  • Thumbnail: Page 
77
    77
  • Thumbnail: Page 
78
    78
  • Thumbnail: Page 
79
    79
  • Thumbnail: Page 
80
    80
  • Thumbnail: Page 
81
    81
  • Thumbnail: Page 
82
    82
  • Thumbnail: Page 
83
    83
  • Thumbnail: Page 
84
    84
  • Thumbnail: Page 
85
    85
  • Thumbnail: Page 
86
    86
  • Thumbnail: Page 
87
    87
  • Thumbnail: Page 
88
    88
  • Thumbnail: Page 
89
    89