暴力风险还是写作质量?从保护令叙述中预测救济结果。

IF 2.6 3区 心理学 Q1 CRIMINOLOGY & PENOLOGY
Jennifer L Hardesty, So Young Park, Christopher R Maniotes, Tanitoluwa D Akinbode, Hannah Chen, Brian G Ogolsky
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引用次数: 0

摘要

民事保护令 (OP) 是针对亲密伴侣暴力的唯一由受害者发起的法律干预措施。民事保护令程序是独一无二的,因为受害者可以撰写关于虐待的叙述,为法官的决策提供依据。从历史上看,女权主义学者一直认为民事保护令能够增强受害者的能力,因为它们可以发出以力量为基础的变革信号,并请求所需的救济。对于一些在子女监护权和探视权方面需要临时保护的母亲来说,OP 也是一个重要的工具。对 OP 叙述的研究发现,与未来风险有关的内容与获得 OP 有关,包括对身体和严重暴力的指控,这表明 OP 提供了所需的保护。同时,对于某些妇女来说,《保护令》程序也会削弱她们的能力。幸存者对 OP 的叙述内容和质量差异很大,研究发现,文笔优美的叙述与获得 OP 呈正相关,这揭示了法官隐性偏见的潜在影响。本研究使用逻辑回归法探讨了暴力风险和写作质量与获得紧急救助申请的关系,研究样本为中西部某大郡有未成年子女的妇女提交的 90 份申请。不出所料,在控制了提及其他案件/命令和法律代表的情况下,暴力严重程度与获得 OP 呈正相关。但是,当考虑到写作质量时,这种关联就不再显著了;具体来说,可读性更强与获得 OP 有关。叙述的线性结构和外观与 OP 的结果无关。研究结果突出表明,我们仍有必要探索在民事诉讼程序中,书面陈述要求如何(削弱)幸存者的权利,以及隐性偏见在司法决策中可能扮演的角色。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Violence Risk or Writing Quality? Predicting Relief Outcomes from Protective Order Narratives.

Civil orders of protection (OPs) are the only victim-initiated legal intervention for intimate partner violence. The OP process is unique because victims write a narrative account of abuse to inform judges' decision-making. Historically, feminist scholars have considered OPs as empowering to victims, as they can signal strength-based change and requesting needed relief. OPs also serve as an important tool for some mothers who need temporary protection related to child custody and visitation. Studies of OP narratives have found that content related to future risk is associated with securing an OP, including allegations of physical and severe violence, suggesting that OPs provide needed protection. At the same time, the OP process is disempowering for some women. The content and quality of survivors' OP narratives vary greatly, and studies have found that well-written accounts are positively associated with securing OPs, uncovering the potential influence of judges' implicit biases. This study used logistic regression to explore how violence risk and writing quality related to the receipt of emergency OPs in a sample of 90 petitions filed by women with minor children in a large Midwest County. As expected, violence severity was positively associated with securing an OP, controlling for the mention of other cases/orders and legal representation. However, the association was no longer significant when writing quality was considered; specifically, greater readability was associated with being granted an OP. Linear structure and appearance of narratives were not related to OP outcomes. Findings underscore the ongoing need to explore how the written narrative requirement of the OP process (dis)empowers survivors and the role implicit biases may play in judicial decision-making in civil OP proceedings.

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来源期刊
CiteScore
6.20
自引率
12.00%
发文量
375
期刊介绍: The Journal of Interpersonal Violence is devoted to the study and treatment of victims and perpetrators of interpersonal violence. It provides a forum of discussion of the concerns and activities of professionals and researchers working in domestic violence, child sexual abuse, rape and sexual assault, physical child abuse, and violent crime. With its dual focus on victims and victimizers, the journal will publish material that addresses the causes, effects, treatment, and prevention of all types of violence. JIV only publishes reports on individual studies in which the scientific method is applied to the study of some aspect of interpersonal violence. Research may use qualitative or quantitative methods. JIV does not publish reviews of research, individual case studies, or the conceptual analysis of some aspect of interpersonal violence. Outcome data for program or intervention evaluations must include a comparison or control group.
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