CH-10-12 The Criminal Justice Response to Intimate Partner Abuse and Relationship Violence – Family Violence: Legal, Medical, and Social Perspectives : Exam Guide

This Document Contains Chapters 10 to 12 Chapter 10 The Criminal Justice Response to Intimate Partner Abuse and Relationship Violence TEACHING POINTS • The term partner assault is used to distinguish this form of family violence from partner abuse. • From a legal perspective, the term partner assault is inaccurate. An assault does not involve any physical injury to the victim. It is actually a battery that is being discussed. • To be consistent with other professionals and writers in the field of family violence, partner assault is used instead of partner battery and defined as the act of intentionally inflicting physical injury on a spouse or other person who is cohabitating with the abuser. • If partner assault were like any other crime, the police response would be fairly simple: investigate, arrest, charge, and cooperate with the district attorney in the prosecution of the perpetrator. • Partner assault is one of the most common forms of violence in the United States. • Although partner assault can occur in all economic groups, the rate of partner battering was five times higher in lower-income families than in the higher income brackets. • The stresses of unemployment, poverty, and inner-city living conditions appear to increase the risk of partner assault. • Similar to other forms of domestic violence, alcohol use is present in a high percentage of partner assault cases. • Law enforcement’s acknowledgment and response to partner assault has been slow in coming. Some police officers would rather not get involved in a “”amily matter. • Special women’s police stations, staffed with multidisciplinary female teams equipped to respond to the different needs of victim survivors, have been set up in several countries as an attempt to make police stations more accessible to women. • In recent years, victims of partner abuse have turned to the courts in an attempt to force police departments to arrest the perpetrators of this form of family violence. Increasingly, courts have begun to listen to and rule in favor of the abused on both constitutional and tort grounds. • In the area of policing and domestic violence, probably no more controversial study has been conducted than the Minneapolis experiment, which dealt with the effect of arrest on those who batter their spouses. • The Minneapolis experiment acted as an agent for change within the criminal justice system. Armed with its results, advocates of mandatory arrest and other sanctions were able to find support in various state legislatures for long overdue reform of criminal statutes dealing with domestic violence. • In Raucci v. Town of Rotterdam, a federal court ruled that the municipality owed a battered woman a special duty to protect her from her estranged husband because of actions by the police department that had assured her of protection. • Another alternative to arresting the abusive spouse is the concept called “Smart Policing.” This approach is based on research involving the analysis of arrest and its effect on future violence. • Violent Crime Control and Law Enforcement Act, Title IV of which is called the Violence Against Women Act (VAWA) mandates that various professions form partnerships and work together to respond to all forms of violence against women. • Restraining orders (protective orders) are court orders that prohibit the offender from having any contact with the victim. They are civil versus criminal and require a judge to rule that sufficient evidence supports the issuance of such an order. • The effectiveness of restraining orders depends on a variety of factors, including how specific and comprehensive the orders are and how well they are enforced. • Partner assault does not end with an arrest or with the issuance of a restraining order. A necessary part of this process is the court’s and prosecutor’s responses to this form of family violence. • Prosecution can be defined as a proceeding instituted and carried on by due course of law before a competent tribunal for the purpose of determining the guilt or innocence of a person charged with a crime. TESTBANK FOR CHAPTER 10 Multiple Choice Questions 1. Partner assault a. does not involve any physical injury to the victim. b. is the same as spousal abuse. c. is the act of intentionally inflicting physical injury on the spouse or other person who cohabitating with the abuser. d. requires mandatory arrest of the offender by all police departments. Answer: c 2. Saunders explored the characteristics of those who assault their spouses and established a typology of three types of males who engage in spousal assault. This typology included a. generalized aggressor, family-only type and repeat offender. b. physical aggressor, sexual aggressor, and generalized aggressor. c. active aggressor and passive aggressor. d. generalized aggressor, family-only type and emotionally volatile. Answer: d 3. Call screening a. is downgrading by the law enforcement agency of the priority assigned to domestic violence calls for service. b. is illegal in a majority of states. c. is illegal in all states d. both a and b. Answer: a 4. An arrest a. is the taking of a person into custody in a manner prescribed by law. b. always occurs in spousal assault cases. c. may be made only for felony spousal assault cases. d. both a and b. Answer: a 5. A felony a. is punished by incarnation in local jails not to exceed one year. b. is always filed in spousal assault cases if the victim is physically injured. c. is the second most serious type of crime and may result in prison or jail. d. is the most serious type of crime and is usually punished by imprisonment in state prison. Answer: d 6. Probable cause a. that set of facts that would lead an average person to believe a crime has been committed by the suspect. b. that set of facts that would lead a reasonable person to believe a crime has been committed by the suspect. c. that set of facts that would lead a police officer to believe a crime has been committed by the suspect. d. both a and c. Answer: b 7. Battery is: a. a threat of force against another. b. the fear of danger from another. c. the unlawful touching of another. d. all of the above. Answer: c 8. The Minneapolis experiment a. concerned the effect of arrest on those who batter their spouses. b. was a failure. c. involved social learning to change the conduct of sexual molesters. d. both a and b. Answer: a 9. Based upon the results of the Minneapolis experiment, Sherman and his associates made what recommendation? a. Change existing laws to allow for warrantless arrest of spousal abusers. b. Suggested that mandatory arrest was the preferred option in most cases of spousal assault. c. Additional experiments be conducted to validate the results of the Minneapolis study. d. All of the above. Answer: d 10. Mediation includes all of the following except: a. a family member present to settle the dispute. b. a formal dispute resolution process. c. a neutral third party to mediate. d. a viable alternative to arrest. Answer: a 11. Under the Violence Against Women Act, the U.S. Attorney General a. is required to prosecute any peace officer who continues to carry a weapon after being convicted of spousal abuse. b. has original jurisdiction in spousal assault cases involving violation of restraining orders. c. is required to make a report to Congress annually on the grants that are awarded under the act. d. may intervene in a state criminal action if it involves violation of a restraining order. Answer: c True-False Questions 1. Partner assault is one of the most common forms of violence in America. Answer: True 2. Call screening results in a faster response time by the police officer than for other calls of the same or similar seriousness. Answer: False 3. The Minneapolis experiment generated controversy regarding the issue of mandatory arrest. Answer: True 4. There is no evidence to suggest arrest as a deterrent of partner abuse. Answer: False 5. Mediation is considered as an alternative to arrest. Answer: True 6. Prior to the Minneapolis, most law enforcement officer used mediation in an attempt to deal with partner abuse. Answer: True 7. The Omaha experiment randomly assigned eligible police calls regarding domestic violence into two categories when both the suspect and the victim were present. Answer: False 8. Smart Policing is an alternate response to arresting the abusive spouse that was developed by Sherman. Answer: True 9. According to Sherman, restraining orders may have limited value and do not provide the victim with substantial protection. Answer: True 10. Often police officers are reluctant to arrest the abuser in the belief that taking a person into custody imposes a financial hardship on the family. Answer: True Essay Questions 1. Describe the replications that followed the Minneapolis experiment. How did their results differ from that study? Answer: The Minneapolis experiment, conducted in 1981, was a landmark study that tested the effectiveness of police responses to domestic violence incidents. It found that when officers made a mandatory arrest of the primary aggressor in domestic violence cases, subsequent incidents of domestic violence decreased significantly compared to cases where officers used discretion. Several replications of the Minneapolis experiment have been conducted over the years, with varying results: 1. Replication in Charlotte, North Carolina (1984): This study found similar results to the Minneapolis experiment, showing a decrease in repeat domestic violence incidents when mandatory arrest policies were implemented. 2. Replication in Milwaukee, Wisconsin (1985): Contrary to the Minneapolis findings, this study did not find a significant reduction in repeat domestic violence incidents with mandatory arrest policies. The researchers suggested that the differences in police procedures and community characteristics between Milwaukee and Minneapolis could account for the discrepancy in results. 3. Replication in Colorado Springs, Colorado (1985): This study also failed to find a significant reduction in repeat domestic violence incidents with mandatory arrest policies. The researchers noted that the implementation of mandatory arrest policies did not lead to the desired outcomes in their context. 4. Replication in Miami-Dade County, Florida (1997): This study found mixed results, with some evidence of a decrease in repeat domestic violence incidents with mandatory arrest policies, but only for certain types of cases. The researchers suggested that the effectiveness of mandatory arrest policies might depend on the specific circumstances of each case. Overall, while the Minneapolis experiment initially suggested that mandatory arrest policies could reduce repeat domestic violence incidents, subsequent replications have shown mixed results. The effectiveness of such policies appears to depend on various factors, including the implementation of the policy, police procedures, and community characteristics. 2. What are the pros and cons of a mandatory arrest policy for spousal assault cases? Answer: Mandatory arrest policies for spousal assault cases have both pros and cons, and their effectiveness can vary depending on the context and implementation. Here are some of the key pros and cons: Pros: 1. Increased Protection for Victims: Mandatory arrest policies can provide immediate protection for victims by removing the abuser from the situation and potentially preventing further violence. 2. Zero Tolerance Message: These policies send a strong message that domestic violence is unacceptable and will not be tolerated, which may deter potential offenders. 3. Victim Empowerment: Victims may feel empowered by knowing that the decision to arrest is not solely their responsibility, which could lead to increased reporting of abuse. 4. Accountability: Perpetrators are held accountable for their actions, which may lead to a reduction in repeat offenses. Cons: 1. Risk of Wrongful Arrest: Mandatory arrest policies may lead to the arrest of individuals who are not actually the primary aggressor or who were acting in self-defense, leading to unfair outcomes. 2. Underreporting: Victims may be less likely to report abuse if they know that mandatory arrest policies will result in the arrest of their partner, particularly if they rely on their partner for financial support. 3. Escalation of Violence: In some cases, mandatory arrest policies may escalate violence if the abuser becomes more violent in retaliation or if the victim is less likely to seek help due to fear of arrest. 4. Impact on Relationships: Arresting one partner in a relationship can strain relationships and lead to negative consequences for families, especially if children are involved. 5. Resource Allocation: Mandatory arrest policies require significant resources for enforcement, which could strain law enforcement agencies and court systems. Overall, while mandatory arrest policies can have benefits in terms of victim protection and accountability, they also present challenges and potential negative consequences. It's important to consider these factors when evaluating the effectiveness of such policies. 3. Should researchers be able to conduct studies without the permission of victims? Answer: Researchers should not conduct studies involving victims without their permission. In research ethics, the principle of respect for persons requires that individuals have the right to make informed decisions about participating in research. This includes the right to refuse to participate or to withdraw from a study at any time without penalty. Victims of any form of abuse or trauma are particularly vulnerable, and their consent is crucial to ensuring that their rights and well-being are protected. Without their permission, researchers risk causing further harm or re-traumatizing individuals. Researchers should always obtain informed consent from victims before conducting studies involving them. This involves providing clear and understandable information about the study, including its purpose, procedures, potential risks and benefits, and the voluntary nature of participation. Researchers should also ensure that victims understand their right to refuse or withdraw from the study at any time. In cases where obtaining informed consent is not possible (such as when victims are unable to provide consent due to their circumstances), researchers should follow strict ethical guidelines and seek alternative ways to protect the rights and well-being of the individuals involved. 4. Discuss the effectiveness of restraining orders. Answer: Restraining orders, also known as protective orders, are legal orders issued by a court to protect individuals from harm or harassment by another person. They can be effective in providing a sense of safety and security for victims of abuse or harassment, but their effectiveness can vary depending on various factors: 1. Legal Protection: Restraining orders provide a legal basis for victims to take action if the perpetrator violates the terms of the order. Violating a restraining order can lead to legal consequences, such as arrest and prosecution, which may deter the perpetrator from further harassment or abuse. 2. Sense of Security: For many victims, having a restraining order in place can provide a sense of security and peace of mind, knowing that there is a legal barrier between them and the perpetrator. 3. Prevention of Contact: Restraining orders typically prohibit the perpetrator from contacting or approaching the victim, which can help prevent further incidents of harassment or abuse. 4. Access to Resources: In some cases, obtaining a restraining order can also provide victims with access to resources and support services, such as counseling, shelter, and legal assistance. However, there are also limitations to the effectiveness of restraining orders: 1. Enforcement Challenges: Ensuring that restraining orders are effectively enforced can be challenging, especially if the perpetrator is determined to violate the order. Law enforcement agencies may not always have the resources to monitor and enforce restraining orders effectively. 2. False Sense of Security: While restraining orders can provide a sense of security, they do not physically prevent the perpetrator from causing harm. Some perpetrators may ignore the order and continue to harass or abuse the victim. 3. Limited Scope: Restraining orders can only address specific types of behavior, such as contact or proximity to the victim. They may not address other forms of abuse or harassment, such as online harassment or stalking. 4. Cultural and Social Factors: In some cases, cultural or social factors may impact the effectiveness of restraining orders. For example, in communities where there is stigma associated with seeking legal protection, victims may be reluctant to obtain a restraining order. Overall, restraining orders can be an important tool in protecting victims of abuse or harassment, but they are not a guaranteed solution. It is important for victims to also seek support from other resources, such as counseling and advocacy services, to ensure their safety and well-being. 5. What are the constitutional implications of increased policing in spousal abuse cases? Answer: Increased policing in spousal abuse cases can have several constitutional implications, particularly regarding the Fourth Amendment, which protects against unreasonable searches and seizures, and the Fifth Amendment, which protects against self-incrimination and guarantees due process of law. Here are some key considerations: 1. Search and Seizure: Increased policing may involve more frequent visits to homes where spousal abuse is suspected, potentially leading to more searches and seizures of evidence. Police must ensure that these searches are conducted with a warrant or under circumstances where a warrant is not required (such as exigent circumstances) to comply with the Fourth Amendment. 2. Arrest and Detention: Increased policing may lead to more arrests in spousal abuse cases. Police must have probable cause to make an arrest, and individuals have the right to be informed of the charges against them and to be brought before a judge without unnecessary delay, as guaranteed by the Fifth Amendment. 3. Due Process: Defendants in spousal abuse cases are entitled to due process of law, including the right to a fair trial and the right to confront witnesses. Increased policing should not infringe upon these rights. 4. Self-Incrimination: The Fifth Amendment protects individuals from being compelled to incriminate themselves. Police must respect this right when questioning individuals suspected of spousal abuse. 5. Equal Protection: Increased policing should be applied equally to all individuals, regardless of gender, race, or other characteristics. Disparate treatment based on these factors could violate the Equal Protection Clause of the Fourteenth Amendment. 6. Privacy: The increased presence of police in spousal abuse cases could raise concerns about privacy rights, particularly in the context of searches of homes or electronic communications. Police must respect individuals' privacy rights under the Fourth Amendment. 7. Victims' Rights: Increased policing should also consider the rights of victims, including the right to safety and protection. Police should take measures to ensure that victims are not further victimized or intimidated by the increased presence of law enforcement. In conclusion, while increased policing in spousal abuse cases can help protect victims and hold perpetrators accountable, it must be conducted in a manner that respects constitutional rights and safeguards against potential abuses of power. Chapter 11 Elder Abuse TEACHING POINTS • Elder abuse can, if left untreated, have serious and often deadly consequences for victims. • It wasn’t until the 1980s that elder abuse came to widespread public attention. • Although several problems persist in the study of elder abuse, defining the term itself and determining its extent are two of the most controversial. • The term elder abuse was first used during congressional hearings in the late 1970s. • Elder abuse may be classified into five areas: physical abuse includes the infliction of physical pain or injury, psychological abuse, material abuse, active neglect and passive neglect. • Elder abuse can occur in a domestic or an institutional setting. • There is a continuing failure to report and act on elder abuse. • No uniform reporting system exists, and the available national incidence and prevalence data from administrative records are unreliable due to varying State definitions and reporting mechanisms. • Alzheimer’s disease is a relatively recently recognized disability that affects persons as early as the age of forty. • Most scholars distinguish between active and passive abuse of the elderly. • Although authorities may disagree as to the exact cause of elder abuse, there is general agreement that it is similar to other forms of family violence and that it crosses all social and economic lines. • One of the most accepted theories of elder abuse, the family stress theory is based on the premise that providing care for an elder induces stress within the family.• Elderly victims were more likely to be victimized by young adult offenders ages 18 to 24 than by offenders of other ages. • The neutralization theory was originally developed by Sykes and Matza to explain juvenile delinquency in society. This theory views delinquents as being affected by the norms and values of a larger social system rather than a counterculture. • Most reporting laws require certain designated professionals to report to a specific agency if they have reason to believe an elder has been the victim of abuse. The professionals that are included in these laws are medical personnel, educators, and others who might come into contact with elder clients on a regular basis. • The power of the state to intervene and care for those who cannot care for themselves is a recognized principle of the sovereignty of the state. In the case of elders, the state acts by means of establishing either a guardianship or conservatorship. TESTBANK FOR CHAPTER 11 Multiple Choice Questions 1. Wolf, Pillemer and Godkin classifies elder abuse into the following areas: a. physical, material, active neglect, emotional and sexual abuse. b. physical, sexual and neglect. c. passive neglect, psychological abuse, physical abuse, material and active neglect. d. physical, sexual, psychological and neglect. Answer: c 2. Material in the context of elder abuse refers to a. physical items such as bank accounts. b. the exploitation or use of resources. c. the intentional taking of property of the elder. d. both a and c. Answer: b 3. Alzheimer’s disease has the following major facets: a. lack of memory, confusion and premature aging. b. premature aging, memory impairment, loss of control over body functions. c. intellectual deficits, personality deficits, stress-tolerance deficits. d. uncontrolled aggression, loss of memory and premature aging. Answer: c 4. The Psychopathology theory of elder abuse a. is based upon the premise that the elders have mental disorders that cause them to be abused. b. is based upon the premise that abusers have mental disorders that cause to be abusive. c. is based upon the premise that elder abused is learned behavior which cannot be changed or modified. d. is based upon the premise that dependency in relationships contributes to elder abuse. Answer: b 5. The Social exchange theory of elder abuse a. is based upon the premise that abuse is learned and passed on from generation to generation. b. is based upon the premise that abuse is socially learned behavior that cannot be controlled by the abuser. c. assumes the abuser exchanges violence against the elder for emotional satisfaction. d. assumes that dependency in relationships contributes to elder abuse. Answer: d 6. The Family stress theory of elder abuse a. assumes that providing care for an elder induces stress within the family. b. stress may take many forms including economic hardship and loss of sleep. c. is one of the most accepted theories of elder abuse. d. all of the above. Answer: d 7. TRIADS are composed of a. senior citizens, community leaders, and law enforcement officials. b. elders, elected officials, and police. c. senior citizens, police, and sheriffs’ deputies. d. senior citizens, private businesses, and law enforcement. Answer: c 8. A conservator is a person appointed by the court a. to take care of another person who is unable to care for him or herself. b. to manage the estate of one who is unable to manage his or her affairs. c. to represent those accused of elder abuse. c. both a and c. Answer: b 9. A guardian is a person appointed by a court a. to take care of another person who is unable to care for him or herself. b. to manage the estate of one who is unable to manage his or her affairs. c. to represent those accused of elder abuse. c. both a and c. Answer: a 10. Material elder abuse involves: a. any psychological abuse. b. any form of abuse except for lacks of food, clothing, or residence. c. neglect-related abuse. d. exploitation of the elder’s finances and resources. Answer: d 11. The term “elder abuse” was first coined by whom? a. The U.S. Supreme Court. b. U.S. Representative Claude Pepper committee c. The first TRIAD. d. The United Nations. Answer: b True-False Questions 1. The essence of a TRAIDS is rehabilitation of the abuser. Answer: False 2. Blakey and his associates studied physician’s responses to elder abuse and they found a low incidence of reporting of elder abuse to the appropriate agency. Answer: True 3. The Family stress theory is one of the most accepted theories regarding elder abuse. Answer: True 4. Psychological elder abuse is more difficult to identify than physical elder abuse. Answer: True 5. A conservator is a person appointed by a court to take care of another person who is unable to care for him or herself. Answer: False 6. A guardian is a person appointed by a relative to take care of another person who is unable to take care of him or herself. Answer: False 7. The neutralization theory was originally developed to explain elder abuse. Answer: False 8. Loss of the elder person’s jewelry may be material abuse. Answer: True Essay Questions 1. How can we more accurately measure the true extent of elder abuse? Answer: Measuring the true extent of elder abuse can be challenging due to underreporting and the complexity of defining and identifying abuse. However, several strategies can help improve the accuracy of measurement: 1. Surveys and Data Collection: Conducting surveys and collecting data from various sources, including elder abuse hotlines, social service agencies, healthcare providers, and law enforcement, can provide a more comprehensive picture of elder abuse cases. 2. Screening Tools: Implementing standardized screening tools in healthcare settings and other relevant institutions can help identify potential cases of elder abuse early. 3. Research Studies: Conducting research studies on elder abuse prevalence and risk factors can provide valuable insights into the extent of the problem. 4. Elder Abuse Registries: Establishing registries for reporting and tracking elder abuse cases can help monitor trends and patterns over time. 5. Community Awareness and Education: Increasing awareness about elder abuse through community education programs and campaigns can encourage more individuals to report cases. 6. Collaboration and Data Sharing: Enhancing collaboration and data sharing among agencies and organizations involved in elder abuse prevention and response can improve data accuracy and completeness. 7. Legal and Policy Changes: Implementing legal and policy changes to improve reporting requirements and access to support services can also help in measuring the true extent of elder abuse. 2. Compare and contrast the various theories of elder abuse. Answer: There are several theories that attempt to explain the causes and dynamics of elder abuse. Here is a comparison and contrast of some of the major theories: 1. Psychological Theories: • Stress-Coping Model: This theory suggests that caregiver stress, often due to the demands of caregiving, can lead to abuse. Caregivers may lack coping skills or resources, which can contribute to abusive behavior. • Caregiver Burden Theory: Similar to the stress-coping model, this theory posits that caregivers experience burden and strain, which can manifest as abusive behavior toward the elderly person. 2. Social Theories: • Social Exchange Theory: This theory suggests that abuse may occur when the costs of caregiving outweigh the benefits, leading to a breakdown in the caregiver-elderly person relationship. • Social Learning Theory: According to this theory, individuals learn abusive behaviors through observation and reinforcement, such as witnessing or experiencing abuse in their own past. 3. Societal Theories: • Ageism: This theory suggests that societal attitudes and stereotypes about aging contribute to the devaluation and mistreatment of elderly individuals. • Structural Theory: Structural factors such as poverty, lack of social support, and inadequate social services can create conditions that increase the risk of elder abuse. 4. Ecological Theories: • Ecological Systems Theory: This theory emphasizes the interaction between individuals and their environments, suggesting that elder abuse is influenced by factors at the individual, relationship, community, and societal levels. 5. Feminist Theories: • Gender Inequality Theory: Feminist perspectives highlight the role of gender dynamics in elder abuse, with women often being at higher risk due to factors such as unequal power dynamics in relationships. In summary, the various theories of elder abuse offer different perspectives on the causes and mechanisms of abuse, highlighting the complex interplay of individual, relational, societal, and structural factors. While some theories focus on caregiver stress and burden, others emphasize societal attitudes, gender dynamics, and structural inequalities. Understanding these theories can help inform prevention and intervention efforts to address elder abuse. 3. Should an elder’s relative be prosecuted for elder abuse when the elder does not want to prosecute? Why or why not? Answer: Whether an elder's relative should be prosecuted for elder abuse when the elder does not want to prosecute is a complex issue that depends on various factors, including the severity of the abuse, the elder's capacity to make decisions, and the potential for future harm. Here are some arguments for and against prosecution in such cases: Arguments for Prosecution: 1. Protection of the Elder: Prosecuting the abuser can help protect the elder from further harm, especially if the abuse is ongoing or likely to continue. 2. Deterrence: Prosecution can serve as a deterrent to others who may be inclined to abuse elders, sending a message that elder abuse will not be tolerated. 3. Justice: Prosecution can provide a sense of justice for the victim and hold the abuser accountable for their actions. 4. Legal Obligation: In some jurisdictions, there may be legal obligations to report and prosecute cases of elder abuse, regardless of the victim's wishes. Arguments against Prosecution: 1. Autonomy and Choice: Respecting the elder's autonomy and right to make decisions about their own lives is important. If the elder does not want to prosecute, their wishes should be respected unless there are compelling reasons not to do so. 2. Family Dynamics: Prosecution can further strain already complex family dynamics and relationships, potentially causing more harm than good. 3. Resource Allocation: Prosecuting cases where the victim does not want to prosecute can be resource-intensive for the criminal justice system, which may be better allocated to cases where victims are willing to pursue charges. 4. Alternative Interventions: There may be alternative interventions, such as protective services or counseling, that can address the abuse without resorting to prosecution. In conclusion, the decision to prosecute an elder's relative for abuse when the elder does not want to prosecute should be carefully considered, taking into account the best interests of the elder, the nature of the abuse, and the potential consequences of prosecution on all parties involved. Efforts should be made to balance the elder's autonomy with the need to protect them from harm. 4. Why is there a continuing failure to report and act on elder abuse? Answer: The failure to report and act on elder abuse persists due to a combination of factors, including societal attitudes, institutional barriers, and individual challenges. Here are some key reasons: 1. Underreporting: Elder abuse is often underreported due to fear, shame, or dependence on the abuser. Elders may also lack awareness of their rights or may be unable to report abuse due to cognitive or physical limitations. 2. Normalization of Abuse: In some cases, abuse may be normalized within families or communities, making it less likely to be recognized or reported as a problem. 3. Lack of Awareness and Training: Many people, including healthcare professionals, social workers, and law enforcement, may lack training in recognizing and responding to elder abuse, leading to missed opportunities for intervention. 4. Complexity of Cases: Elder abuse cases can be complex, involving multiple perpetrators, types of abuse, and underlying issues such as mental illness or substance abuse. This complexity can make it challenging to investigate and address abuse effectively. 5. Resource Constraints: Limited resources for elder abuse prevention and intervention, including funding, personnel, and support services, can hinder efforts to address the problem effectively. 6. Barriers to Reporting: Elders may face barriers to reporting abuse, including concerns about retaliation, disbelief from authorities, or lack of accessible reporting mechanisms. 7. Stigma and Ageism: Stigma associated with aging and ageism can contribute to a lack of attention and priority given to elder abuse issues, both within society and within institutions responsible for responding to abuse. 8. Lack of Legal Protections: In some jurisdictions, there may be gaps or inconsistencies in laws and policies related to elder abuse, limiting the legal protections available to victims and the ability of authorities to intervene. Addressing the continuing failure to report and act on elder abuse requires a multi-faceted approach that includes raising awareness, improving training for professionals, strengthening support services for victims, enhancing legal protections, and challenging societal attitudes and stigma related to aging and abuse. It also requires collaboration among various stakeholders, including government agencies, community organizations, healthcare providers, and law enforcement, to develop and implement effective strategies for prevention and intervention. Chapter 12 Special Populations and Family Violence TEACHING POINTS • HIV/AIDS is the black plague of modern times. • AIDS is the acronym for the medical term acquired immune deficiency syndrome. • There are two primary types of HIV. • HIV-1 is the most common and deadly. • HIV-2 reproduces more slowly than HIV-1. • HIV is a spectrum virus, in that it has various phases than run along a spectrum. • HIV/AIDS is a medical condition and therefore is considered confidential information. • Special victim population includes victims of rape, children, family violence victims, and victims with disabilities. • Family violence in the military is a problem for the military services. • A military protection order (MPO) is issued by a commander to an active duty service member to protect a victim of domestic abuse or child abuse and to control the behavior of the alleged abuser. • A victim, victim advocate, installation law enforcement agency, or FAP clinician may request a commander to issue a MPO. • Another type of abuse is spiritual abuse. Note: At the time that this manual was being revised for the seventh edition, the U.S Congress was holding hearing on sexual abuse in the military. New information is being developed each day that indicates that sexual abuse is a serious problem in all U.S. military services. TESTBANK FOR CHAPTER 12 Multiple Choice Questions 1. AIDS is the acronym for a. the psychological trauma suffered when HIV becomes AIDS. b. the medical term Acquired Immune Deficiency Syndrome. c. Assistance in Developing Syndromes. d. the medical, psychological, and physical symptoms suffered by AIDS victims. Answer: b 2. How many types of HIV have been discovered? a. only one that always turns into AIDS. b. we keep finding new types every couple of years as the disease mutates. c. two: HIV-1 and HIV-2. d. three: HIV-1, HIV-2 and AIDS. Answer: c 3. You can catch AIDS by: a. soaking in a hot tub with an infected person. b. being bitten by an infected animal. c. using the same telephone immediately after use by an infected person. d. sexual activities. Answer: d 4. The three most common routes of HIV transmission are a. sexual transmission, soaking in a hot tub, and kissing. b. blood to blood transmission, sexual transmission, and mother to child transmission. c. dirty needles, anal sex, and soaking in a hot tub with an infected person. d. kissing, using the same toilet seat, and mother to child transmission. Answer: b 5. A disabled person is a. one who has a lower pain tolerance than normal persons and as a result is limited in one or more major life activities. b. one who is suffering from a physical defect that substantially limits one or more the major life activities of that person. c. one who has a mental impairment that substantially limits one or more the major life activities of that person. d. one who has a physical or mental impairment that substantially limits one or more the major life activities of that person. Answer: d 6. Disabled persons are victimized a. the same as other persons. b. less than other persons. c. more than other persons. d. not at all. Answer: c 7. There are three levels of military courts-marshal. Which is the most serious court martial? a. general b. special c. summary d. indictment Answer: a 8. What contains the substantive and procedural laws governing the military justice system? a. The Department of Defense. b. The Military Legal Tribunal. c. The Uniform Code of Military Justice. d. The Legal Military Code. Answer: c 9. Why is research on military spousal and child abuse difficult to conduct? a. It is a closed society and therefore difficult to obtain valid data from. b. The military asks that its members do not reveal this information to outsiders. c. Social research on military bases is forbidden. d. Social research on military bases is generally very limited. Answer: a 10. Spiritual abuse is defined as: a. those acts committed by members of an organized religion who injury their members. b. physical, emotional, or sexual abuse committed by a person using the authority of or under color or spiritual beliefs. c. requiring members to pray or worship for long periods of time without food or water. d. a form of domestic violence. Answer: b 11. Geography plays a problem in rural crime victimization because a. distance affects response time. b. access to medical treatment takes longer. c. law enforcement has to wait longer for backup. d. all of the above. Answer: d True-False Questions 1. Most cases of HIV transmission occur as a result of sexual activities. Answer: True 2. The most common form of mother to child transmission of HIV occurs during the birthing process as the child is delivered. Answer: False [The virus is transmitted to the fetus of a pregnant woman or as a result of breast feeding.] 3. Child sexual abuse victims are at a higher risk level for HIV transmission than adult victims of sexual assault. Answer: True 4. The level of violence committed against children and adults with developmental and other severe disabilities is about the same as that committed against the general public. Answer: False [Note: Research indicates it is as much as five times higher than the general public.] 5. Disabled persons can be victimized in the same way as other persons; however, their response to crime is different than other victims. Answer: True 6. Cultural awareness is the ability to speak the language of a minority group. Answer: False [Note: It is the understanding an individual has regarding different cultures.] 7. Spiritual abuse occurs because of spiritual pressure. Answer: True 8. Rural crime rates are generally lower than urban crime rates. Answer: True 9. Of the substances that a woman may ingest during pregnancy, it appears that alcohol produces one of the most long-ranging damages to the child’s brain. Answer: True 10. Domestic violence is not a big problem in the military. Answer: False Essay Questions 1. Discuss the five phases of the HIV infection. Answer: The five phases of HIV infection are: 1. Incubation Period: This is the time between initial infection and the development of detectable antibodies to HIV. It can last from a few days to several weeks. During this phase, the virus replicates rapidly, and the immune system responds by producing antibodies. 2. Acute HIV Infection: This stage occurs within the first few weeks after infection. The immune system recognizes the virus and mounts an immune response. Symptoms can resemble those of the flu, including fever, swollen lymph nodes, sore throat, rash, muscle and joint aches, headache, and diarrhea. This is when the virus is most easily transmitted to others. 3. Clinical Latency Stage (Chronic HIV): This stage can last for several years where the virus is still active but reproduces at very low levels. People may not have any symptoms or only mild ones. This stage can last for 10 years or more if not receiving antiretroviral therapy (ART). 4. AIDS (Acquired Immunodeficiency Syndrome): AIDS is the final stage of HIV infection, and without treatment, it usually develops within 2 to 15 years after HIV infection. AIDS is defined by the development of certain opportunistic infections or cancers, or a CD4 count below 200 cells/mm3. Symptoms of AIDS include rapid weight loss, recurring fever or profuse night sweats, extreme and unexplained tiredness, prolonged swelling of the lymph glands in the armpits, groin, or neck, diarrhea that lasts for more than a week, sores of the mouth, anus, or genitals, pneumonia, and red, brown, pink, or purplish blotches on or under the skin or inside the mouth, nose, or eyelids. 5. Death: Untreated, HIV can lead to the progression to AIDS and eventually death. However, with proper medical care, HIV can be controlled. When the virus is under control, the immune system can recover, and AIDS does not develop. 2. List the various ways a victim of spousal abuse may become infected with HIV. Answer: A victim of spousal abuse may become infected with HIV through various ways, including: 1. Unprotected Sexual Intercourse: If the abusive partner is HIV-positive and engages in unprotected sexual intercourse with the victim, there is a risk of HIV transmission. 2. Forced or Coerced Sexual Activity: In cases where the abusive partner forces or coerces the victim into sexual activity, the victim may be at risk of HIV transmission if the abusive partner is HIV-positive. 3. Sexual Assault: Victims of spousal abuse may be subjected to sexual assault by their abusive partners, which can include acts that increase the risk of HIV transmission. 4. Sharing of Needles or Drug Paraphernalia: In cases where either the victim or the abusive partner is injecting drugs, sharing needles or other drug paraphernalia can lead to HIV transmission if one of them is HIV-positive. 5. Mother-to-Child Transmission: If the victim becomes pregnant while in an abusive relationship and is HIV-positive, there is a risk of transmitting the virus to the child during pregnancy, childbirth, or breastfeeding. 6. Other Forms of Violence: Victims of spousal abuse may also experience other forms of violence that could result in HIV transmission, such as physical violence leading to injuries that require medical attention or exposure to blood. It's important for victims of spousal abuse to seek support and access to HIV prevention methods, such as pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP), if they believe they may be at risk of HIV infection. 3. List the rules of conduct that one should adhere to when working with disabled victims. Answer: When working with disabled victims, it is important to adhere to the following rules of conduct: 1. Respect: Treat disabled victims with respect and dignity, recognizing their autonomy and right to make decisions about their own lives. 2. Empowerment: Empower disabled victims by providing them with information and support to make informed decisions and choices. 3. Accessibility: Ensure that services and support are accessible to disabled victims, including physical accessibility and accommodations for communication and mobility needs. 4. Confidentiality: Respect the confidentiality of disabled victims and only share information with their consent or when required by law. 5. Non-Discrimination: Do not discriminate against disabled victims based on their disability, and ensure that they have equal access to services and support. 6. Safety: Ensure the safety of disabled victims by providing a safe environment and taking measures to prevent further harm or abuse. 7. Communication: Use clear and accessible communication methods when interacting with disabled victims, taking into account their communication needs and preferences. 8. Collaboration: Work collaboratively with other service providers and agencies to ensure that disabled victims receive the support they need. 9. Training and Awareness: Receive training and education on disability issues and awareness to better understand the needs of disabled victims and how to support them effectively. 10. Advocacy: Advocate for the rights and needs of disabled victims, both within the organization and in the broader community. 4. List and discuss the problems facing rural crime victims. Answer: Rural crime victims face a variety of unique challenges, including: 1. Isolation: Rural areas often have lower population densities and limited access to services, making rural crime victims more isolated and less likely to receive support. 2. Limited Resources: Rural communities may have fewer resources available for crime victims, such as shelters, counseling services, and legal assistance. 3. Lack of Awareness: There may be a lack of awareness about crime and victim services in rural areas, leading to underreporting of crimes and a lack of support for victims. 4. Access to Services: Limited transportation options and long distances to service providers can make it difficult for rural crime victims to access the support they need. 5. Stigma and Privacy Concerns: Rural communities are often close-knit, and victims may be reluctant to report crimes or seek help due to concerns about stigma or privacy. 6. Limited Law Enforcement Resources: Rural areas may have fewer law enforcement officers and resources, leading to longer response times and less support for victims. 7. Limited Legal Resources: Rural crime victims may have limited access to legal assistance and advocacy services, making it difficult for them to navigate the criminal justice system. 8. Impact on Agriculture and Livelihoods: Rural crime, such as theft of livestock or equipment, can have a significant impact on farmers and ranchers, affecting their livelihoods and financial security. 9. Underreporting: Due to the close-knit nature of rural communities and concerns about retaliation or stigma, rural crime victims may be more likely to underreport crimes. Addressing these challenges requires a comprehensive approach that includes improving access to services, raising awareness about victim rights and resources, and providing support tailored to the needs of rural crime victims. 5. What are unique challenges presented by crimes against the mentally or physically disabled? Answer: Crimes against the mentally or physically disabled present unique challenges, including: 1. Communication Barriers: Disabled individuals may have difficulty communicating about the crime or seeking help, particularly if their disability affects their speech or cognitive abilities. 2. Dependency: Disabled individuals may be dependent on their abusers for care or support, making it difficult for them to report abuse or leave the abusive situation. 3. Limited Mobility: Physically disabled individuals may have limited mobility, making it difficult for them to escape or defend themselves against abuse. 4. Financial Exploitation: Disabled individuals may be more vulnerable to financial exploitation, as they may have limited understanding of financial matters or be unable to monitor their finances independently. 5. Isolation: Disabled individuals may be more isolated than the general population, making them more vulnerable to abuse and less likely to have access to support services. 6. Lack of Awareness: There may be a lack of awareness about the rights and needs of disabled individuals, leading to underreporting of crimes and a lack of support for victims. 7. Secondary Victimization: Disabled individuals may experience secondary victimization when they are not believed or are blamed for the abuse because of their disability. 8. Barriers to Justice: Disabled individuals may face barriers to accessing the justice system, including difficulties in providing testimony or navigating court proceedings. Addressing these challenges requires a multifaceted approach that includes raising awareness about the rights of disabled individuals, providing accessible support services, and ensuring that the justice system is accessible and responsive to the needs of disabled victims. Test Bank for Family Violence: Legal, Medical, and Social Perspectives Harvey Wallace, Cliff Roberson 9780205959877