Citation

Jordan M. Harvard J. Law Gend. 2014; 37: 545-569.

Copyright

(Copyright © 2014, President and Fellows of Harvard College, Publisher Harvard Law School Publications)

DOI

unavailable

PMID

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Abstract

In comparison to most other types of homicides, domestic homicides tend to follow a predictable pattern, creating unique possibilities for prevention. Mechanisms for domestic violence intervention, however, have been largely ineffective, often leading to tragic results. Their ineffectiveness stems, in part, from cultural attitudes that treat domestic violence as a private matter outside the scope of police intervention. These attitudes are manifest in discretionary arrest laws that have resulted in widespread under-enforcement, and case law that has denied victims a constitutional guarantee of the enforcement of protection orders. This Note argues that mental health law provides intervention mechanisms that can make domestic violence prevention more robust, particularly in cases where the perpetrator is suffering from suicidal ideation. By approaching such domestic violence cases as partially a mental health issue, law enforcement can intervene through mental health seizures of suicidal batterers at a high risk of harming themselves or others. In contrast to intervention through criminal law--where the Supreme Court has refused to find a protected entitlement to enforcement--mental health law provides a framework for arguing that intervention is mandatory in certain cases. The recognized duty to care for certain suicidal individuals can be extended to suicidal batterers who have been placed under protection orders, thus making the police and municipalities potentially liable for failing to intervene. The mental health paradigm can be used as a valuable tool for promoting more effective domestic violence intervention. It cannot, however, be used to eliminate domestic violence accountability, nor can it replace punishment in the criminal justice system. Moreover, the mental health paradigm may not be appropriate for certain types of domestic violence cases, especially those without a suicidal perpetrator. The mental health paradigm, however, can help create a culture in which domestic violence is taken more seriously. An emerging reformed culture can pave the way for more substantial legal reform that encompasses all types of domestic violence.

Language: en