Abstract:
The question of how the criminal justice system ought to deal with domestic violence
lies at the heart of this thesis. Since the 1970s Western jurisdictions have made
increasing use of the criminal justice system as a tool to combat domestic violence
and New Zealand has not been immune to the lures of the criminalisation solution.
As a result, this country now has a range of intervention tools, including firm arrest
and prosecution policies, comprehensive civil remedies in the form of court orders,
and a range of crisis and counselling services for both offenders and victims. In the
light of these changes, the broad objective of this thesis is three-fold: to analyse the
kinds of domestic violence incidents and people (offenders and victims) dealt with by
police; analyse the criminal justice system's response to these; and explore the extent
to which recent police policy developments have improved the situation for victims of
domestic violence.
On the basis of an analysis of 270 police files and interviews with 24 victims of
domestic violence, the findings of this research suggest that tough arrest and
prosecution policies do not necessarily meet the needs of all victims of domestic
violence. A number of recommendations are identified in an attempt to improve the
situation of victims of domestic violence and make the criminal justice system
generally, and law enforcement officials in particular, more responsive to the needs of
victims. These recommendations are made with respect to police policy and practice,
court practices, counselling options, culturally appropriate interventions, and primary
prevention options.
