Toward a Feminist State: What Does Effective Prosecution of Domestic Violence Mean?

53 Pages Posted: 2 Nov 2007 Last revised: 11 May 2013

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Abstract

This article examines domestic violence criminal prosecutions and addresses what effective prosecutorial action means in such cases. The argument elaborates on a point recently articulated by the UN Special Rapporteur on Violence against Women, which links effective prosecution of violence against women to the creation of a less patriarchal society. The article concludes that effective prosecution of domestic violence means prosecution which constitutes the State as less patriarchal ceteris paribus.

Keywords: domestic violence, criminal law, prosecution, prosecutorial discretion, legal ethics, practical reasoning, criminal procedure, feminist theory

JEL Classification: K14, K19, K41, K42, K49

Suggested Citation

Dempsey, Michelle Madden, Toward a Feminist State: What Does Effective Prosecution of Domestic Violence Mean?. Modern Law Review, Vol. 70, No. 6, p. 908, 2007, Available at SSRN: https://ssrn.com/abstract=1026478

Michelle Madden Dempsey (Contact Author)

Villanova University School of Law ( email )

299 N. Spring Mill Road
Villanova, PA 19085
United States

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