Domestic Violence

Abstract

This paper examines the prevalence of false allegations of domestic violence within the criminal justice system; detailing how the accused are often viewed as guilty until they are proven innocent. In Part I, I will reveal the problems associated with false allegations of domestic violence, and why this topic is of importance to me. Part II will examine the flawed responses to these accusations that pervade the criminal justice system. Part III will explicate the incentives by vindictive people to make such claims – e.g. winning a divorce case, or receiving custody of the children. Part IV will review the statistical analysis of false domestic violence claims, and outline the cost to not only the accused, but the government as well. Lastly, in Part V I will summarize the topic by arguing that laws should be changed to reflect that some individuals use false allegations of domestic violence in a malicious manner, and that they should be dealt with accordingly.

Table of Contents

Abstract……………………………………………………………. ……………………2

Table of Contents………………………………………………………………………....3

Title……………………………………………………………………………………….4

Part I. Statement of the Problem………………………………………………………….4

Part II. Flawed Judicial System………………………………………………………….4

Part III. Incentives to Make False Allegations of Domestic Violence…………………...6

Part IV. Statistical Analysis of False Allegations………………………………………...8

Part V. Conclusion………………………………………………………………………..9

References……………………………………………………………………………….11

Guilty Until Proven Innocent: False Allegations of Domestic Violence

Part I. Statement of the Problem

Laws enacted to protect true domestic violence victims are being misused by women/men with the help of the judiciary. My...