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Social entrapment : a realistic understanding of the criminal offending of primary victims of intimate partner violence Julia Tolmie, Rachel Smith, Jacqueline Short, Denise Wilson and Julie Sach

By: Tolmie, Julia.
Contributor(s): Smith, Rachel | Short, Jacqueline | Wilson, Denise | Sach, Julie.
Material type: materialTypeLabelArticleSeries: New Zealand Law Review.Publisher: Legal Research Foundation, 2018Subject(s): New Zealand. Family Violence Death Review Committee | He tao huata e taea te karo | ABUSED WOMEN | CHILD NEGLECT | CRIMINAL LAW | DOMESTIC VIOLENCE | INTIMATE PARTNER VIOLENCE | JUSTICE | OFFENDERS | SELF DEFENCE | VICTIMS OF DOMESTIC VIOLENCE | WOMEN'S USE OF VIOLENCEOnline resources: Appendix | Read abstract In: New Zealand Law Review, 2018, 2: 181-218Summary: In this article it is suggested that the appropriate conceptual model to use when investigating, presenting and interpreting facts involving intimate partner violence is an understanding of intimate partner violence as a gendered pattern of harm that operates as a form of social entrapment. The concept of entrapment is explained, an understanding of entrapment is contrasted with traditional approaches to thinking about intimate partner violence in the criminal justice context, and why the conceptual framing of intimate partner violence matters when applying the law to primary victims who are also offenders is discussed. The defence of self-defence for primary victims who kill their abusers and the criminal prosecution of mothers for neglectful parenting are used as case examples in this discussion. (Authors' abstract). This article is not freely available online. However, the Family Violence Death Review Committee (FVDRC) has developed an appendix to accompany this article. The appendix contains a list of questions that could help lawyers to understand the circumstances of a client who is both the primary victim of intimate partner violence, and facing criminal charges. It is designed to assist lawyers to formulate criminal defences which may be available to their client. These questions may also be useful for prosecutors and experts seeking to make sense of the history of intimate partner violence in a particular case. The appendix should be used alongside the concepts outlined in the article. Record #6059
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New Zealand Law Review, 2018, 2: 181-218

In this article it is suggested that the appropriate conceptual model to use when investigating, presenting and interpreting facts involving intimate partner violence is an understanding of intimate partner violence as a gendered pattern of harm that operates as a form of social entrapment. The concept of entrapment is explained, an understanding of entrapment is contrasted with traditional approaches to thinking about intimate partner violence in the criminal justice context, and why the conceptual framing of intimate partner violence matters when applying the law to primary victims who are also offenders is discussed. The defence of self-defence for primary victims who kill their abusers and the criminal prosecution of mothers for neglectful parenting are used as case examples in this discussion. (Authors' abstract). This article is not freely available online.

However, the Family Violence Death Review Committee (FVDRC) has developed an appendix to accompany this article. The appendix contains a list of questions that could help lawyers to understand the circumstances of a client who is both the primary victim of intimate partner violence, and facing criminal charges. It is designed to assist lawyers to formulate criminal defences which may be available to their client. These questions may also be useful for prosecutors and experts seeking to make sense of the history of intimate partner violence in a particular case. The appendix should be used alongside the concepts outlined in the article. Record #6059