
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 be realized 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.
This book investigates the normative obligations of public prosecutors when faced with domestic violence cases where victims withdraw their support. Michelle Madden Dempsey, a legal scholar, utilizes a framework of feminist legal theory and practical reasoning to argue that prosecutors should operate with the explicit goal of reconstituting communities to be less patriarchal. By analyzing the intersection of prosecutorial discretion and social justice, the author constructs a model for how criminal justice actors can address systemic power imbalances while maintaining their professional duties.
What You Will Find
Legal scholars and practitioners frequently cite this monograph as a significant contribution to the philosophy of criminal law, particularly regarding the intersection of state power and gender-based violence. Experts highlight the text for its rigorous academic density and its challenge to traditional, neutral models of prosecutorial discretion.
Page Count:
330
Publication Date:
2009-05-15
Publisher:
Oxford University Press
ISBN-10:
0199562164
ISBN-13:
9780199562169
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