Prosecuting Domestic Violence A Philosophical Analysis

by Madden Dempsey, Michelle

• ISBN13: 9780199562169
• ISBN10: 0199562164
• Format: Hardcover
• Copyright: 2009-05-15
• Publisher: Oxford University Press

Summary

What should public prosecutors do when victims withdraw support for domestic violence prosecutions? The answer to this question that motivates the investigation undertaken in this book defends the claim that (other things being equal) domestic violence prosecutors should respond as feminists.This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting communities as less patriarchal. This thesis is defended first by developing a general theory of prosecutorial practical reasoning, and then by considering the prosecution of domestic violence offences in particular. Along the way, this book provides an original account of the nature of prosecutorial action, the values that can berealised through such action, and the relationship between these values and the practical reasoning of criminal prosecutors. Moreover, it provides original analyses of two key concepts, domestic violence and patriarchy, and explains the relevance of the latter to a proper understanding of the former. These insights are put to work in answering the motivating question stated above, and provide answers both in terms of what prosecutors would be justified in doing, and what prosecutors should do in order to be effective

Author Biography

Michelle Madden Dempsey, D.Phil (Oxon, 2007), LL.M. (Dist., LSE, 2002), J.D. (Michigan, 1996), B.A. (Philosophy, Illinois, Urbana-Champaign, 1994), is a CUF lecturer and tutorial fellow at Worcester college, where she teaches criminal law and jurisprudence. Formerly, she was a tutor in law at University College London and an Adjunct Professor of Law at DePaul College of Law in Chicago. Before that, Michelle served as a domestic violence criminal prosecutor and a civil trial lawyer in the U.S.

Table of Contents

Some Preliminary Considerations1. Introduction2. Wrong Turns on the Way to an AnswerA Fresh Start3. Prosecutors: What They Are and What They Do4. Prosecutorial Action and Value5. Reasons for Prosecutors6. The Role of Victims: Rights, Reasons and DutiesProsecuting Domestic Violence7. What Counts as Domestic Violence?8. Patriarchy9. Domestic Violence Prosecutions10. Victim Withdrawal in Domestic Violence Cases11. Conclusion