Expert answer:CRJ201 Journal Article Review
Answer & Explanation:Choose one of the articles in The Ashford Journal of Criminal Justice. (The article is for the review is attached)
Write a short review of the article and explain how it relates to the
Criminal Justice System and describe any Social Justice implications.
Your initial post should be at least 300 words in length. Support your
claims with examples from the required material(s) and/or other
scholarly resources, and properly cite any references.REFLECTION ON DOMESTIC VIOLENCE ADVOCACY.docx
reflection_on_domestic_violence_advocacy.docx
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REFLECTION ON DOMESTIC
VIOLENCE ADVOCACY:
INTERVIEWS WITH THOSE WHO WERE
INSTRUMENTAL IN PASSING AND
SECURING ENACTMENT OF THE
ILLINOIS DOMESTIC VIOLENCE ACT
By Tracy G. Crump, Ph.D
Ashford University
Topic
Domestic violence legislation and advocacy.
Abstract
In its current state, some domestic violence advocacy initiatives operate using a fragmented
framework. Under this paradigm, certain agencies offer some resources and other
organizations provide differing services. However, to effectively and efficiently address the
needs of clients, agencies must collaborate. By analyzing the efforts and strategies of those
who researched and fought to secure the enactment of the Illinois Domestic Violence Act, at
a time when domestic violence understanding was in its infancy, contemporary advocates
can better understand the importance of interagency collaboration. Successful domestic
violence advocacy requires collaboration among various entities responsible for a
coordinated community response. In contemporary times, however, the spirit of
collectivism may be forced into a secondary position due to various factors such as
competing goals and objectives of stakeholders. This has not always been the case.
Exploring the difficult yet rewarding job of drafting the Illinois Domestic Violence Act
(IDVA) and securing its implementation provides contemporary scholars with a blueprint
as to how professionals of the time collaborated to secure this important legislation, which
has unquestionably assisted hundreds of thousands of Illinois families. Applying the
elements of this “blueprint” can assist contemporary advocates with addressing the needs
of clients and in developing effective initiatives to help end domestic violence.
Page 42Introduction
The American Revolution, the civil rights movement, and the feminist movement are all
historical insurrections that led to social transformation and intergroup dialogue in the United
States (Birnbaum & Taylor, 2000; Ellis, 2007; Reinharz, 1992; White & van Soest, 1994). Under
circumstances of inequality, those seeking equal treatment for all citizens mobilized the masses
to facilitate change. Following these precedents, advocates in Illinois joined the battered
women’s and domestic violence movements to assist victims of domestic violence, to educate the
public, and to promote individual responsibility and communal support and advocacy. To
support their mission of calling attention to domestic violence and beginning to address the
phenomenon of domestic violence, advocacy proponents sought out the support of members of
the law enforcement, healthcare, social science, legislative, and judicial communities.
Ultimately, these collaborations led to the beginning of one of the most comprehensive domestic
violence acts of its time.
Methods
To complete this project, the researcher interviewed eight supporters: Kathleen Flaherty,
coauthor of the 1982 IDVA and principal author of the 1986 IDVA; Alan Greiman, principal
supporter for the 1977 Illinois Domestic Violence Injunction Act and the 1982 and 1986 IDVA;
Julie Hamos, coauthor of the 1982 IDVA, principal lobbyist for the 1982 and 1986 IDVA, and
cofounder of the Illinois Coalition Against Domestic Violence; Leslie Landis, founding Director
of Life Span Services; Jeri Linas, volunteer advocate for South West Women Working Together;
Kathleen Quinn, Executive Director of the Illinois Coalition Against Domestic Violence; Jan
Russell, member of the Illinois State Bar Association’s Task Force on Technical Revisions for
the IDVA 1993; and Barbara Shaw, founding President and first Executive Director of the
Illinois Coalition Against Domestic Violence. Their sharing of narratives coupled with archival
analysis bring to life the essence of collaboration before, during, and after the implementation of
the Illinois Domestic Violence Act. Assuming this approach allowed the researcher to
incorporate the experience of the participants and synthesize the information obtained via
archival analysis (Marshall & Rossman, 1989; Mishler, 1986; Richie, 1996; Watson & WatsonFranke, 1985).
Qualitative analysis is a common method in feminist research. Qualitative methods allow
researchers to present the complexity of women’s experiences with regard to social, economic,
and political systems and, in doing so, advance alternative viewpoints to the hegemonic
patriarchal norms (Cannon, Higgenbotham, & Leung, 1988; Collins, 1990; Devault, 1999; Fine,
1992; Frohmann, 2005; Harding, 1986; Hertz, 1997; Lazarus-Black, 2007; Maynard & Purvis,
1994; Reinharz & Chase, 2002; Riger, 1999; Smith, 1987; Zinn, Cannon, Higgenbotham, & Dill,
1986). To identify research participants, the researcher conducted an archival analysis of the
Chicago Sun-Times, Chicago Tribune, Chicago Daily Law Bulletin, St. Louis Globe, Mt. Vernon
Register, Quincy Herald, State Journal-Register (Springfield, Illinois), and Kankakee Daily
Journal. The researcher also used the Illinois Coalition Against Domestic Violence (ICADV)
Archives at DePaul University. After identifying influential advocates, the researcher began
contacting them via telephone and e-mail and arranged interviews at a time and place appropriate
for each participant (Lofland, Snow, Anderson, & Lofland, 2006; Pogrebin, 2003).
To identify additional potential research participants, snow-ball-sampling methods were used
which allowed each participant to provide additional possible contributors. To analyze the data,
the researcher transcribed field notes into detailed descriptive narratives and subsequently coded
the narratives into seven distinctive themes: political resistance, societal attitudes, the process of
drafting, the proactive approach to opposition, legal hurdles, personal sacrifices, and lessons
learned. The researcher cross-referenced the narratives with documents obtained in the archival
analysis to ensure historical accuracy. Finally, to ensure that interpretations of the narratives
were accurate, the researcher solicited clarification from the research participants via follow-up
interviews.
Illinois Domestic Violence: In General
As we currently understand it, domestic violence is a habitual pattern of negative behavior in
which one person abuses the other in a domestic relationship such as a marriage, dating,
cohabitating, or familial relationship. Domestic violence can come in the form of emotional,
verbal, spiritual, economic, physical, or sexual abuse. This conception, however, has not always
been at the forefront of societal understanding. Historically, domestic violence was not openly
discussed in communities, and victims suffered in silence around the world. Victims who
reported abuse faced inconsistent remedies and were often mocked and humiliated (Ford &
Regoli, 1993; Harrell & Smith, 1996; Hirschel & Hutchinson, 1996; Jang, Lee, & Frosch, 1990;
Schmidt & Sherman, 1996). During the last three decades, much has changed, however.
Legislation, such as the Illinois Domestic Violence Act (IDVA) and the Violence Against
Women Act (VAWA), has provided victims of abuse with avenues to address this horrendous
epidemic. Nevertheless, these much-needed remedies did not come quickly or easily and were
the result of dedicated supporters representing the advocacy, social science, law enforcement,
healthcare, legislative, and judicial communities. Undoubtedly, the perspectives of each had an
impact on the legislation.
Today, domestic violence remains a multifaceted, pervasive problem. Recent research illustrates
many of the issues faced by present-day victims of domestic violence. Results from one study
found that women, in small rural and isolated areas reported high rates of domestic violence
when compared to urban women, and they lived farther away from available resources, making
access to the resources challenging (Peek-Asa, Wallis, Harland, Beyer, Dickey, & Saftlas, 2011).
Likewise, policies and programs designed to reduce economic hardship among women with
young children, promote economic independence, and foster gender Page 43equity have shown
promise in potentially reducing domestic violence (Golden, Perreira, & Durrance, 2013).
Similarly, in certain areas, victims of abuse have had difficulty finding the services needed to
address domestic violence, and they are less likely to seek services if unaware of their existence
(Lucea, Stockman, Mana-Ay, Bertrand, Callwood, Coverston, & Campbell, 2013). With
advancements in technology, some victims have taken to the Internet to address abuse. Perceived
ease of use, seeming usefulness, social influence and awareness of sites were found to be
predictors of intention to use Internet sites in a recent study (van Schaik, Radford, & Hogg,
2010). This finding suggests that domestic violence advocacy agencies may “cast their net”
wider by using the Internet to provide information to potential clients. Moreover, as two studies
found, nurses working in emergency departments need specialist training to identify and respond
appropriately to patients who have experienced domestic violence (Gibbons 2011; McGarry,
Kench, & Simpson, 2013). One hospital study found that the emergency department is an
appropriate place to query patients about domestic violence under certain conditions (Power,
Bahnisch, & McCarthy, 2011). These recent studies demonstrate how interagency collaboration
and use of technological advancements could decrease rates of domestic violence, increase
service utilization, and effect systemic change.
Collaborating to Create the Illinois Domestic Violence Act
(IDVA)
The Illinois Domestic Violence Act (IDVA) was signed into law March 1, 1982, with revisions
as needed through 2013. The act was the result of a national campaign determined to decrease
the rate of domestic abuse and was informed by jurisdictions such as Minnesota and Wisconsin
who faced similar domestic abuse issues. The purpose of the act was to recognize domestic
violence as a serious crime against the individual and society, to support the efforts of those
seeking cessation of abuse, to recognize the systemic failure of the legal system to address
domestic abuse, to clarify the responsibilities of the law enforcement and legal communities
when responding to domestic abuse, and to expand civil and criminal remedies for victims of
abuse.
The act was primarily the result of the work of volunteer lawyers and grassroots activism amid
social, political, and legal resistance. The difficult yet rewarding job of drafting the IDVA and
securing its implementation has undoubtedly assisted hundreds of thousands of Illinois families,
as a remedy for abusive situations was found where there was thought to be no relief.
Contemporary advocates, policy makers, social scientists, law enforcement professionals, legal
scholars, and healthcare specialists working toward decreasing rates of domestic violence can
learn from the spirit of collaboration exhibited by this group.
The current domestic violence advocacy framework is fragmented. In some instances, those
seeking mental health resources must contact a mental health agency. If the individual needs
substance abuse counseling he/she must contact a substance abuse program. Likewise, if the
victim needs shelter services he/she must contact an agency providing temporary lodging;
however, if he/she has children of a certain age or gender the agency may not have quarters for
them all, leaving the family in a quandary. Further, if the victim needs long-term or aftercare, yet
another organization may be required. This potential milieu of resource hunting could become
daunting to someone in crisis and has the potential to ultimately lead one to forego locating
much-needed services.
Although much has been written about the IDVA, no reports recount the story of the frontline
workers. This project illuminated the political, social, and legal obstacles overcome to draft the
IDVA, secure its acceptance in the legislature, and begin its systemic implementation from the
act’s inception in 1976 to its major revision in 1993. The work is based on an archival analysis of
Illinois news and journal articles and interviews with the principal authors and primary lobbyists
of the IDVA. The activism, teamwork, and proactive techniques used by those responsible for
the implementation of the IDVA illustrate the strength of interagency collaboration and can serve
as a blueprint for contemporary advocacy consideration.
Political Resistance and Societal Attitudes
Grassroots activism is significant in the social and political process in Illinois. Owing to the
intimate nature of domestic violence, advocates faced social and political resistance as well as
legal dilemmas in drafting and lobbying for the IDVA. “There were people who thought we were
interfering with the family…,” said Kathleen Quinn, who was the Executive Director of the
Illinois Coalition Against Domestic Violence “Additionally, [opponents] felt that women would
use the act frivolously.” Some tried to blame domestic violence on a mental disorder or some
other biological function that the perpetrator could not control (Van Buren, 1982). Men’s rights
advocates began to bombard the newspapers with cries of “injustice for men” and unfair
treatment. As is true today, with change comes resistance. Advocates faced harsh criticism from
opponents; however, they used a variety of conduits to get accurate information out to the public.
Advocates spoke on television, radio, and via the newspaper to make sure truthful information
concerning domestic violence, its devastation, and remedies sought were presented to the public.
“There was a lot of discussion,” said State Representative Alan Greiman, the primary sponsor of
the bill. “There was not a week that went by that local news outlets didn’t report that someone
had violated the home by committing violent acts against someone residing in the home. The
objective of the Illinois Domestic Violence Injunction Act and later the Illinois Domestic
Violence Act was to stop the violence… I believe that we all had the feeling that punishment
alone was not enough and that we needed to outline a process that created a better way to live for
people dealing with this issue.”
Conquering Legal Hurdles
Not only were advocates and supporters at the ICADV influential in drafting and implementing
the legislation, but they also became journalists reporting the benefits of the legislation as well as
administrators of quality control (Landis, 1984; Quinn, 1986). Advocates and supporters also
created and disseminated training documents and books, and began convening workshops,
seminars, and conferences to assist other advocates and organizations in understanding and
implementing the IDVA and victims in negotiating their Page 47agency throughout the process
(DePaul University Library 1, n.d.; Flaherty, 1986). However, as careful and meticulous as the
drafters of the IDVA were, there were instances when their efforts were questioned, and in some
cases nullified. Even in the face of presumed defeat, however, members of the ICADV were
always thinking of strategies to combat opposition. For example, an internal memo stated: “On
Monday morning, December 10, 1984, Judge Scotillo issued a written ruling in the marriage
license fee case in Cook County finding the fee to be unconstitutional.” ICADV advocates
worked to appeal the decision as quickly as possible to the Illinois Supreme Court, proclaiming
“we [remain] optimistic” (DePaul University Library 4, n.d.:1). It was through this optimism that
they were able to sustain the rigorous demands that activism placed on them.
In 1984, advocates learned of the bar association’s attempts to draft amendments to the IDVA.
Advocates argued that the changes would weaken the legislation. They mobilized once again to
address the concerns of constituents and ultimately drafted the 1986 Illinois Domestic Violence
Act. As Quinn noted, “We put together a team, consisting of coalition representatives, pro bono
attorneys, advocates, lobbyists, and various association members. We met in a windowless room,
from nine to five, for months. We went through the act section by section and discussed, and
sometimes debated, what remedies we could implement to address certain concerns.”
The efforts of the activists did not go unrewarded after House Bill 2409 was introduced.
Proponents were successful in gaining the acceptance of the ISBA and the CBA attorneys.
Among the issues discussed were the recognition of woman abuse as a civil rights violation;
legal system accountability to victims prohibiting it from blaming or dismissing claims made by
the abused woman; increased access to courts and orders of protection; expansion of the
definition of protected parties; stronger remedies and additional recourse (one of the updated
provisions kept the abuser away and provided temporary custody of children to the victim);
provisions detailing procedures for all types of domestic violence-related hearings (this provided
novice attorneys with guidance); and limited judicial power and discretion by restricting
continuances and establishing standards of proof for each remedy when emergency protection
must be granted (Flaherty, 1986; DePaul University Library 5, n.d.). In addition, the 1986 IDVA
provided a definition of domestic violence that included physical abuse, threats of abuse or
intimidation of adults and children, harassment, willful depravation, and interference with
individual freedoms. The 1986 IDVA was also expanded to benefit persons who previously lived
together, and those who had children or step-children together. Further, the 1986 IDVA restricted
the abuser from contacting the victim at work or at school, deemed as confidential any disclosure
to domestic violence counselors, prohibited disclosure of the victim’s residential address in court
proceedings, and provided that Orders of Protection could be filed in the county where the abuse
occurred as well as the county in which the victim resided (if different) (Quinn, 1986). The
amended act was passed August 21, 1986. As strong as the amendments were, opponents
continued to raise concerns. Advocates and supporters recognized these concerns and in 1989
formed a third task force to address them.
The 1993 Amendments
The 1989–1992 Task Force to Amend the Illinois Domestic Violence Act met every fifth
Saturday for four years. In its infancy, the task force was divided. “There was a lot of hostility
between the advocates and the attorneys in the beginning,” said Jan Russell, member of the
Illinois State Bar Association’s Taskforce on Technical Revisions to the IDVA 1993. “We all
worked diligently to get our points across…We [the advocates] gained their [the attorneys] trust
and soon began to understand their concerns.” Eventually, they reached a turning point in
understanding. Said Russell:
We would have drafting groups to discuss specific issues…Normally, if there was an idea, the
chair would assign an attorney to work on the issue with the domestic violence advocates…
When we began to discuss the issue of visitation the [chair] let the advocates draft it… We asked
for everything and they approved it. This was the turning point between the private attorneys and
the domestic violence advocates.
The collaboration between the attorneys and the advocates proved that the attorneys were
beginning to accept the expertise of the advocates and the advocates had begun to understand
objections raised by the attorneys. Owing to the collaboration, the advocates were able to use the
political power of the collective bar associations to gain support for the revisions. Several
changes were discussed, including the issue of supervised visitation (many advocates began to
hear stories of the noncustodial parent removing the child from the city or state), development of
a child abduction provision, protection of victims i …
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