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Feminist Prosecutors and Patriarchal States

Criminal Law & Philosophy, Forthcoming

20 Pages Posted: 16 Nov 2011  

Kit Kinports

Penn State Law

Date Written: November 14, 2011

Abstract

In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s community and state less patriarchal and thus help stamp out domestic violence. This article analyzes two issues arising from Dempsey’s work: first, whether prosecutors can justifiably be viewed as representatives of their states and communities; and, second, how prosecutors committed to using their discretion to battle both domestic violence and patriarchy would go about determining in a particular case whether to pursue criminal charges against the wishes of a victim.

Suggested Citation

Kinports, Kit, Feminist Prosecutors and Patriarchal States (November 14, 2011). Criminal Law & Philosophy, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1959712

Kit Kinports (Contact Author)

Penn State Law ( email )

Lewis Katz Building
Room 335
University Park, PA 16802
United States

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