An analysis of the actions and reactions of judges in North Dakota to victims of domestic violence.

摘要

Violence against women continues to be a pervasive problem in American society. Perhaps even more tragic is the presence of biases in the system of justice to which women turn for safety and assistance in ensuring their right to safety in their own homes. The laws controlling women as a group have changed over the years and the Constitution of the United States has been amended in an effort to ensure equality for women. Despite these advances feminist theorists question if the state through the criminal justice system supports male supremacy found in the broader society and left realists have expanded this inquiry to include non-criminalized but threatening behavior by men towards women.; Nationwide the problem of domestic violence has been well-documented and research attention to the issue has grown. One useful response to domestic violence has been the issuance of protection orders. However, the usefulness of protection orders often hinges on judicial discretion. The use of restraining orders in combating domestic violence has garnered increased research attention, but there has been little research focusing on judicial responses toward the issuance and enforcement of these protection orders. The research conducted thus far on judicial discretion in relation to protection orders points out that the more willing judges are to issue protection orders and to also use the law to enforce then, the better served are the victims of domestic violence.; The main theoretical premise that guided my research was that the biases and stereotypes embedded in the social structure and cultural dynamics of mainstream society cause problematic systemic reactions to victims of crime. To explore the relationship between the biases of dominant society and systemic reactions, the research focused on judicial self-reported actions and reactions in the granting and enforcement of protection orders for the predominantly female victims of domestic violence.; The data utilized in this study were obtained as a result of a unique opportunity to serve on the North Dakota Gender Equity Commission as the research consultant and analyst, as they studied gender fairness in the North Dakota court system. These data allow a rare look into the thoughts and actions of the members of the judiciary in a rural state. (Abstract shortened by UMI.)