U.S. flag
      An official website of the United States government, Department of Justice.
        Here's how you know
      Here's how you know**Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
      **Secure .gov websites use HTTPS**
            
            A **lock** (
            A locked padlock
            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. Menu

      
        close

            
            
                                              About NIJ
        
                    
  
          About NIJ
      
    
          The NIJ Director
          How NIJ Is Organized
          Mission and Guiding Principles
          Research and Development Process
          Strategic Framework
          Assessments of NIJ
          Annual Reports & Reports to Congress
          Staff Directory
          Funding & Awards
        
                    
  
          Funding & Awards
      
    
          Current Funding
          Forthcoming Funding
          Expired Funding
          Awards: Listing of Funded Projects
          Guidance for Applicants and Awardees
          Fellowship & Student Programs
          Travel Scholarships
          NIJ Challenge Program
          Library & Multimedia
        
                    
  
          Library & Multimedia
      
    
          NIJ Journal
          Podcasts
          Publications Listing
          Multimedia Listing
          Rated Practices on CrimeSolutions
          Rated Programs on CrimeSolutions
          Software & Databases
          Datasets
          Patents
          Topics
        
                    
  
          Topics
      
    
          Article Listing
          Corrections
          Courts
          Crime Prevention
          Crimes
          Drugs and Crime
          Equipment and Technology
          Forensic Sciences
          Youth Justice
          Justice System Reform
          Law Enforcement
          Tribal Crime and Justice
          Victims of Crime
          Events
        
                    
  
          Events
      
    
          NIJ 2024 Research Conference
          Scheduled Events
          On-Demand Events
          Research Meetings & Workshops
          NIJ-Hosted Online Training

                            
                                About
          Contact Us
          Subscribe
          Topics A-Z
                  Share
FacebookXLinkedInRedditPinterestEmail Home
                            Library & Multimedia
 Therapeutic Jurisprudence Approach to the Trial Process in Domestic Violence Felony Trials
NCJ Number
              200134
Journal

*Violence Against Women* Volume: 9 Issue: 4 Dated: April 2003 Pages: 410-437
Author(s)
          Carolyn C. Hartley
Date Published

April 2003
Length
              28 pages
Annotation
              This article describes the need for a therapeutic approach to domestic violence prosecutions.
Abstract
              Therapeutic jurisprudence looks at how the law can be applied in such a way as to support the psychological well being of those it affects. Clinical practice perspectives and techniques should be employed by prosecutors to enhance the well being of domestic violence victims participating in the criminal trial process against their batterers. This would address several of the challenges to prosecuting these cases. Recent reforms have taken the responsibility off the victim and made her safer because the State brings the case against the defendant, not her. This helps to alleviate the fear and ambivalence many victims have about participating in the prosecution process. But there have been some unanticipated negative effects, such as the disempowerment of the victims and discrediting the victim’s testimony during trial through character evidence. Prosecutors can play an important role in creating a therapeutic effect for victims by empowering them through the trial process. For this to happen, prosecutors need to rethink the role of their relationship to the victim. This can be achieved through a victim-centered model of prosecution that includes collaboration, participation, and communication between the prosecutor and victim. Empowering interventions include creating relationships based on trust, mutual respect, and shared power and recognizing individuals’ abilities to know what they need and to choose adequate solutions for themselves. A victim/client-centered therapeutic approach to the trial process would involve attention to several stages of the trial process: preparations for trial; the pretrial motions to limit victim character evidence and introduce “other acts” evidence; and the prosecutor’s direct and cross-examination of witnesses during the actual trial. Allowing victims to describe the context of the violence and rehabilitating their character after a defense attack are essential to giving voice to and empowering women through the process. In turn, an empowered victim may be a much more effective witness for the prosecution. 3 notes, 46 references
      
  
          Additional Details
Grant Number(s)
        95-WT-NX-0003


  
  
        
  Agencies
        NIJ-Sponsored


  
  
        
  Publication Type
        Program Description (Model)
    
  
  
Date Published: April 1, 2003
    
          Downloads
        
                      HTML

Related Datasets
        
                      http://dx.doi.org/10.3886/ICPSR02811
Side navigation
  

        

  
  
              NIJ Journal
    
      
            
            
            
      Podcasts
    
      
            
            
            
      Publications Listing
    
      
            
            
            
      Multimedia Listing
    
      
            
            
            
      Rated Practices on CrimeSolutions
    
      
            
            
            
      Rated Programs on CrimeSolutions
    
      
            
            
            
      Software & Databases
    
      
            
            
            
      Datasets
    
      
            
            
            
      PatentsRelated Topics
        
                Abused women
        Battered wives
        Domestic assault
        Intervention
        NIJ Grant-related Documents



  
Similar Publications
        
                      Effect of Muzzle Gases on Forward Spatter of Viscoelastic Blood in Close-range Shooting
                  Commentary On: Thompson WC. Uncertainty in Probabilistic Genotyping of Low Template DNA: A Case Study Comparing STRmixTM and TrueAlleleTM
                  Importance of culture in measuring tribal crime seriousness: scoping review of crime seriousness indices
 Top

      National Institute of Justice

        
        
                        About NIJ
                    About NIJ
      
    
                  How NIJ Is Organized
      
    
                  NIJ Director
      
    
                  Research Disclaimer
      
    
                  Funding & Awards
                    Funding & Awards Home
      
    
                  Awards Listing
      
    
                  Current Funding
      
    
                  Guidance for Applicants and Awardees
      
    
                  Resources
                    Events
      
    
                  Podcasts
      
    
                  Publications
      
    
                  Topics
      
    
                  Multimedia
      
    
                  Reuse Policy
      
    
                  Contacts
                    Contact NIJ
      
    
                  Staff Directory
      
    
                  Submit a FOIA Request
      
    
                  File a Civil Rights ComplaintFacebook
          
                      X
          
                      YouTube
  

      810 7th St. NW, Washington, D.C. 20531
      
              Secondary Footer link menu
            Accessibility
              Plain Language
              Privacy Policy
              Legal Policies and Disclaimer
              No FEAR Act
              Freedom of Information Act
              USA.gov
              Justice.gov