Motion: THBT the state has the right to separate married couples in cases of domestic violence without the consent of the victim
(Government)
OPENING: Status Quo on D.V (Or after definition…)
A. Dominant (epidemical)
Ex) Approximately 2.1 million people are physically assaulted by an intimate partner annually in the United States.
B. Detrimental
Ex) Forms of abuse in domestic violence have the potential to lead to mental illness, self-harm, and even attempts at suicide.
Ex) Domestic violence not only causes physical harms, but also threatens, intimidates, undermines the victim’s self-worth or self-esteem, or controls the victim’s freedom.
Ex)
-Physical
Bruises, broken bones, head injuries, lacerations, and internal bleeding are some of the acute effects of a domestic violence incident that require medical attention and hospitalization.
D.V leads to deaths! (+suicide)
Ex) Twenty-nine percent of all women who attempt suicide were battered,
-Psychological
In addition to depression, victims of domestic violence also commonly experience long-term anxiety and panic, and are likely to meet the diagnostic criteria for Generalized Anxiety Disorder and Panic Disorder. The most commonly referenced psychological effect of domestic violence is Post-Traumatic Stress Disorder (PTSD).
Ex) Fifty-six percent of women who experience partner violence are diagnosed with a psychiatric disorder
Definition:
*State has the right: A politically stable and economically sufficient government has the legitimate/justified power/authority and should exercise the power.
*Separate: To temporarily divide by legal/executive force (In other words, make couples to divorce)
*Married Couples: Heterosexual Couples with who compose a family unit together.
*In Cases of Domestic Violence: When extreme/severe degrees of violence frequently occur within a family unit that is likely to cause physical/psychological damages to family members. (In forms of physical aggression (hitting, kicking, biting, shoving, restraining, slapping, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering)
*Consent of the Victim: The agreement or recognition of the victim/subject of violence
*Policy: When clear/tangential evidence of domestic violence such as signs of Actual Injuries/Wounds/Psychological Damages caused by the abuser has been discovered, we would:
1. Unconditionally separate the married couples for a certain amount of time (minimum 6 months) During the separation period, the government will track the location of the perpetrator with GPS and make sure that the offender doesn’t go anywhere near the victim.
2. (The government) would provide all necessary economical/medical assistance required for managing independent life+ rehabilitation for both victim/perpetrator.
3. After the experiencing independent life, we would then grant the victim a choice to reunite or separate permanently. (However, at this state the victim should be proved to be psychologically stable/sane Recovered mental health) Afterwards, we would also provide assistance to the victim to make her/him supportive of her/himself. Finding jobs, job education for required skills, etc.
4. The custody of the children will be given to the victim because helpful for victim+children/ victims tend to be caring for their children.
We believe the gov. has the authority, or even a duty to intervene because:
A. This is a criminal case-violence is a crime under federal law.
B. They have a duty to protect their citizens’ health/welfare/life especially when they are powerless and vulnerable. Ex) Like taking away custody of children from problematic parents. (without consent) Gov. Actions legitimate, justified.
+However, in the status quo, law enforcements are proven to be ineffective, so we want to implement a more effective measure.
Ex) Criminologists mention that deterrent effects of law enforcement do not last over time. If the victim is uncooperative during investigation, the prosecutor may choose not to pursue the case.[143] If the case is pursued through the criminal justice system, sometimes the resulting sentence is minor. Subsequently, any fear that the abuser has of punishment may have diminished
Then, The victims were less likely to call or trust law enforcement during the next incident of domestic abuse.
Men are often more responsible for domestic violence
Ex) Review of the research Michael Kimmel found that more than 90 percent of "systematic, persistent, and injurious" domestic violence is perpetrated by men (입증할 필요가 있으면 할 것.)
Steps of Analysis
Show Need->Benefit->Practicality
1. Urgent Need (중요!!! Without Consent 할 만큼) for policy
*Logic: There is an urgent need for this policy because
(+problem is serious)
1. The victims of D.V are reluctant, AFRAID to report!
a. Psychological influence/Dependency/Mental Problems
b. Fear for independent life/tearing the family up: What about the children?
c. Economical Concerns
They are threatened, dominated with these issues and are made mute even when they are being abused: they are not in the psychologically sound/fine state to act for themselves or they are scared of other reasons that separation might pose upon them. We the government would like to give them PROPER INFORMATION/NECESSARY SUPPORT/INDEPENDENT TIME AWAY FROM THE PERPETRATOR so that they can make a rational, logical decision that they think is best for them.
2. OUR POLICY MOST EFFECTIVELY ADDRESSES THE PROBLEM
Victims are dependent, influenced by abuser.
Ex) Battered Women’s Syndrome: Most often, victim of domestic abuse do not act because they believe that THEY may be the cause of the problem. This is a reference to any person who, because of constant and severe domestic violence usually involving physical abuse by a partner, may become depressed and/or unable to take any independent action that would allow him or her to escape the abuse. The condition explains why abused people may not seek assistance from others, fight their abuser, or leave the abusive situation. Sufferers may have low self-esteem, and are often led to believe that the abuse is their fault
Ex) Cycle of Abuse: vicious cycle where there is more abuse, more silence, and more inaction… Then, already under such severe mental pressure, do these victims have any REAL CHOICE in the matter? Can they indeed be rational enough to do the right thing and REPORT their abuser? No.
Lenore Walker presented the model of a Cycle of abuse which consists of three basic phases:
Tension Building Phase
Characterized by poor communication, tension, fear of causing outbursts. During this stage the victims try to calm the abuser down, to avoid any major violent confrontations.
Violent Episode
Characterized by outbursts of violent, abusive incidents. During this stage the abuser attempts to dominate his/her partner(victim), with the use of domestic violence.
Honeymoon Phase
Characterized by affection, apology, and apparent end of violence. During this stage the abuser feels overwhelming feelings of remorse and sadness. Some abusers walk away from the situation, while others shower their victims with love and affection.
Ex) Research shows women, who are most dependent on the spouse for economic well being (e.g. homemakers/housewives, women with handicaps, the unemployed), and are the primary caregiver to their children, fear the increased financial burden if they leave their marriage.
Continues as long as victim is with perpetrator.//So once detected, seperation is required.
Our policy most effectively addresses the problem in the status quo (is needed) essential, inevitable
*Because as mentioned above
1. The victims of domestic violence are likely to be under the influence/coercion of the perpetrator (physically threatened)/(psychologically unstable/dependent: for economic reasons or children)in an impotent state, cannot make the right decision.
2. Domestic violence has a high possibility to re-occur
3. Domestic violence is serious.
Immediate solution to protect the victim from any more serious violence. Perpetrators may need help with their behavior. (Requirement for Separation with Rehabilitation)
Giving the victim choice at a SANE, CLEAR state of mind and let them choose what is best for them. (Requirement for Healthy Psychological State)
Provide both with experience of independence with economic stability (Requirement for a chance to experience an independent life with economic assistance.)
2. Tangible Benefits
*Logic: When this separation actually takes place, there will be practical benefits.
A. For Victims
Immediate action (Secure safety, save lives)
Victims are exposed to severe, life threatening violence: RESCUE!
Provides them with a more fair/appropriate opportunity for choice (WE ACTUALLY RESPECT RIGHT OF CHOICE)!!
Most of the cases, victims of D.V are likely to suffer any form of psychological disability or other symptoms. Even if they are not, they could be bound to an undesirable marriage because they fear economic/mental independence. Anyway, they could not be in the exact sound and best condition to decide what is best for them. With our policy, such victims are given the FAIR OPPORTUNITY of choice for their happiness after they receive necessary help and assistance and are recovered to a good state. +Proper information about their status quo (Ex: The actions they could take when D.V recurs, understanding of what happened, psychological advice)
IGNORING POWERLESS PEOPLE WHO AREN’T EVEN CAPABLE OF MAKING CHOICES THAT ARE BEST FOR THEM (WITH MENTAL ISSUES) ISN’T EXACTLY THE BEST WAY THE GOVERNMENT SHOULD RESPOND/ NOT TRULY RESPECTING THE FREEDOM OF CHOICE
Ex) Mental hospitals (Do not give pathological mental patients the choice to run around and hurt/kill themselves or others)
Ex) Prohibiting teenagers from tobacco, alcohol (Do not allow impressionable, immature teenagers to get addicted to harmful substances)
Because freedom of choice should be given to only those who are capable to rationally consider and agonize about their future and be responsible for their decisions.-> In a sound state of mind.
B. For Perpetrators
Perpetrators could be suffering from psychological issues, too. With government intervention, they can receive proper treatment for rehabilitation away from someone he or she used to abuse, which will make them recognize the importance of the family members and truly remorse their faults.
Ex) In general, about 80% of both court-referred and self-referred men in these domestic violence studies exhibited diagnosable psychopathology, typically personality disorders which means they are susceptible of exercising violence again and again (unstable)
C. For Children(x bad example for children, no passing-on of crime)
Even affects children/violence passes onto generations.
Ex) Social learning theory suggests that people learn from observing and modeling after others' behavior. With positive reinforcement, the behavior continues. If one observes violent behavior, one is more likely to imitate it. If there are no negative consequences (e. g. victim accepts the violence, with submission), then the behavior will likely continue. Often, violence is transmitted from generation to generation in a cyclical manner
Ex) Several studies have shown that maternal interpersonal violence-related posttraumatic stress disorder (PTSD) can, despite traumatized mother's best efforts, interfere with their child's response to the domestic violence and other traumatic events
Bad for children overall.
Ex) In 2009, it was estimated that as many as 7 to 14 million children are exposed to domestic violence, falling victim to its effects in the United States.[1] Many children who witness domestic violence in the home believe that they are to blame, and live in a constant state of fear. These children also fall victim to physical abuse, as well. It has been shown that in families where domestic violence is present, child abuse is 15 times more likely to occur
Ex) Behavioral, social, and emotional problems: higher levels of aggression, anger, hostility, oppositional behavior, and disobedience; fear, anxiety, withdrawal, and depression; poor peer, sibling, and social relationships; low self-esteem.
Cognitive and attitudinal problems: lower cognitive functioning, poor school performance, lack of conflict resolution skills, limited problem-solving skills, acceptance of violent behaviors and attitudes, belief in rigid gender stereotypes and male privilege.
Long-term problems: higher levels of adult depression and trauma symptoms, increased tolerance for and use of violence in adult relationships.
all problems of children who are exposed to violent environment at homes.
3. Practical Solution
{When domestic violence is discovered in various circumstances, such as self-report/report by witnesses or neighbors/police investigations/notification by doctor or NGOs the government can take immediate action. (We are talking about the cases being discovered, not our burden to prove most of the actual cases are reported because just by even resolving the matters effectively when D.Vs are reported, still is substantial solution+report will increase based on its outcome.)
Ex) The National Crime Victimization Survey (NCVS) indicates that in 1998 about 876,340 violent domestic crimes were reported in the U.S
Ex) According to the Department of Justice:
• Approximately 60% of family violence victimizations were reported to police between 1998 and 2002, up from about half between 1993 and 1998. } <- Report Rate 갖고 딴지걸면 반박! *Logic: Our policy (Government Intervention) is the only method that will be effective and actually work. Effective Ex) Emergency Protection Order (with consent of the victim) It can give the victim: • exclusive occupation of the home, up to 30 days It can give temporary care and custody of a child to the victim or another person. It can direct a peace officer, such as the police to: • remove the respondent from the home It can direct the person against whom the order is made: • to stay away from any place identified in the order • not to contact the victim or another person (Another form of Separation) Immediate effect(concrete): Reports indicate some 86% of the women who received a protection order state the abuse either stopped or was greatly reduced. Not likely to occur again A. If victim chooses separation, then new life with other partners. B. If victim chooses reunification, the victim is likely to be equipped with proper information and a sound mental state/perpetrator went through process of rehab. Possibility for recurrence decreases. Benefits: May consume a little more money, but FUNDAMENTAL SOLUTION/PREVENTION OF RECURRENCE if this prob. is solved, in long-term, we won’t have to invest any more resources: beneficial +THAT’s WHAT TAXES ARE MEANT FOR, CITIZEN WELFARE and RESOLVING SERIOUS PROBLEMS OF SOCIETY Increase report-rate: Once the effect of policy is proven, then more and more people will believe in government aid and call for help. Gov. authority, credibility increase.
*Team Value: Choice, Realistic Solutions
*The word ‘victim’ does not necessarily mean ‘women’.
*The punishment could be deemed as unfair and improper- under our legal code, there is no such punishment like enforcing divorce (Tearing up families).
The case is based on the definition of separation as permanent. If gov. asserts differently, we simply can argue the problems will happen again.
Studies indicate temporary separation may be an effective solution at first, but its effects eventually decline and become ineffective as time progresses and when the same measure is repeated.
1. Disempowerment of Victim (Freedom of Choice)
*Logic: The government side’s policy not only disregards the rights of the individuals and freedom of choice, but it directly leads to the disempowerment of the victim making the abused even more powerless and dependent. The gov. is making decisions on perhaps the most important issue of the victim’s life, but they will do so even without their agreement? What the proposition is suggesting is absurd: they would like to solve the problem of victims being swayed by abusers often in power by simply shifting the control to another entity. Still, the victims do not have any control of their life, their opinions are disrespected, and they are as impotent as they were before the gov’s intrusion. (Stripped of their lives)
If Gov. policy disregards victim choice who are already powerless, GAME OVER. Who does respect the victim, their voice?
Families (Victims) could have their own way of living or solving problems (Standards/Values vary from family to family); Gov. has no right to enforce its judgments/decisions unilaterally upon their citizens.
2. Counterproductive
A. No Need
Alternatives could be taken into practice instead of problematic, harmful separation: Marital counseling, rehabilitation, anger management, and legal actions, house arrest, wrist/ankle tracking devices – all impossible when SEPARATED, whether it is permanent or not.
Ex) Several governmental and non-governmental organisations in the region provide medical, legal and counselling services for victims of rape and domestic violence
Ex) Community-state partnerships on investigating domestic violence and providing assistance to victims.
Ex) Nova Southeastern University study stated that marital counseling and anger management has been effective on improving the problems of domestic violence among couples.
Ex) Even simply arresting the abuser is an effective form of response: The study found that arrest reduced the rate by half of re-offending against the same victim within the following six months
+separation and many of alternatives are MUTUALLY EXCLUSIVE.
Several types of marital counseling/management require both subjects to be present.
B. Harmful
-Entire destruction of Family If the perpetrator is male, females and their children are often left economically insolvent and broke/ state takes no responsibility.
-Unstable, undesirable environment for children
Ex) Studies in the early 1980’s showed that children in repeat divorces earned lower grades and their peers rated them as less pleasant to be around
Ex) Compared to children from homes disrupted by death, children from divorced homes have more psychological problems.
Ex) A Child in a female-headed home is 10 times more likely to be beaten or murdered
Ex) Most victims of child molestation come from single-parent households or are the children of drug ring members
Ex) Seventy percent of long-term prison inmates grew up in broken homes.
Ex) Following divorce, children are fifty percent more likely to develop health problems than two parent families
Ex) Children of divorced parents are roughly two times more likely to drop out of high school than their peers who benefit from living with parents who did not divorce.
Ex) People who come from broken homes are almost twice as likely to attempt suicide than those who do not come from broken homes.
-Harmful for Partners(even victims)
Ex) 20 years after divorce, only 20 percent of individuals indicated that their lives had improved, while in 70 percent of cases, the individuals were in the same or worse emotional and social condition
Ex) Divorced adults are more susceptible to severe emotional and psychological problems, plus early death from an assortment of causes, than for married individuals. The suicide rate for divorced white men, for example, is four times higher than for their married counterparts
Ex) Divorced adults, particularly divorced men, experience early health problems to a much greater extent than married individuals
-Lack of Economic Independencepoverty
Ex) In addition to lacking financial resources, victims of DV often lack specialized skills, education, and training that are necessary to find gainful employment, and also may have several children to support. In 2003, thirty-six major US cities cited DV as one of the primary causes of homelessness in their areas.[50] It has also been reported that one out of every three homeless women are homeless due to having left a DV relationship. If a victim is able to secure rental housing, it is likely that her apartment complex will have “zero tolerance” policies for crime; these policies can cause them to face eviction even if they are the victim (not the perpetrator) of violence.[50] While the number of shelters and community resources available to DV victims has grown tremendously, these agencies often have few employees and hundreds of victims seeking assistance which causes many victims to remain without the assistance they need.
Ex) According to federal statistics, 22% of divorced female retirees live in poverty
Ex) Single mothers are nine times more likely to live in deep poverty than the married family, with incomes less than half of the official poverty line.
Ex) "Four times as many divorced women with children fell under the poverty line [as did] married women with children."
Ex) Single women are 5 times more likely to be poor than their married sisters."
-What about the perpetrators?
Yes, they may have commited a crime, but they are still a member of the family. No chance for apology, improvement-gov. officers rage in and simply separate my family from me? WHAT? My proper punishment should be jail-sentence or sth. Under the judicial system, not deprivation of my position as a member of family. THERE IS NO SUCH THING UNDER OUR LEGAL SYSTEM.
It’s not like once you’ve made a mistake, you’re never given a second chance/ nor the gov. is authorized to take everything away from you/make decisions for your family.
Ex) Protection Order: Reports indicate some 86% of the women who received a protection order state the abuse either stopped or was greatly reduced. (Dangerous)
3. Impractical
*Logic: The gov.’s proposal simply lacks any practicality.
A. Standards
-What Standards? Ambiguous, subjective from case-to-case
Ex) Another important issue in assessing clients for DV lies in differing definitions of abuse – the therapist’s definition may differ from that of the client, and paying close attention to the way the client describes their experiences is crucial in developing effective treatment plans. The therapist must determine if it is in the best interest of the client to explain that some behaviors (such as emotional abuse) are considered domestic violence, even if she did not previously consider them as such.
Susceptive to abuse, possibility of innocent victims. What is D.V and what is not? Who is to decide?
B. Result
-Hardly any effect (Because underreported)
-Solves nothing: separation doesn’t mean the abuser will be chasing, stalking the victim.
• Ex) 59% of female victims and 30% of male victims are stalked by an intimate/ex- partners
• Ex) If stalking involves intimate partners, the average duration of stalking increases to 2.2 years
-After separation without consent, if the couples don’t want to be separated wouldn’t they go back? How is the government going to stop that/ is that possible?
1. If separation isn’t lock-up, solves NOTHINGWaste of money+resource
2. If separation is lock-up, then we have some serious issues.
Don’t they require treatment? (psychologically unstable) But you’ll lock them up? That is unfair; people who need medical assistance and help aren’t responsible for crimes.
What about the jobs, the housing of the perpetrator?
On what basis/grounds?
Does the government seriously have any funding to do so?
-Exacerbated situation, detrimental for all.
Additional Facts
Ex) A six-month longitudinal study, found that among 65 abused African-American, White, Hispanic, and Asian women applying and qualifying for a protection order against a sexual intimate, only half of the women actually received the order.
Ex) Anger management alone has not been shown to be effective in treating domestic violence offenders, as domestic violence is based on power and control and not on problems with regulating anger responses
A. Evidence
-Extremely rare, unlikely when concrete evidence is discovered. (Especially in verbal/emotional abuse while alternatives are effective in improving these issues.)
Ex) Emotional abuse (also called psychological abuse or mental abuse) can include humiliating the victim privately or publicly, controlling what the victim can and cannot do, withholding information from the victim, deliberately doing something to make the victim feel diminished or embarrassed/ Verbal abuse is a form of abusive behavior involving the use of language Extremely hard to prove and accuse. Often overlooked
-Then how will state get evidence?
I. State relies on no evidence, only based on gossip: Forced divorce with no real evidence? Forced punishment and criminalization of a citizen with no evidence? Proposition has dug its own grave.
II. State relies on self-report
Most unlikely to happen, because subjects are reluctant to report and dependent/vulnerable, maybe even brainwashed
Ex) Battered Women’s Syndrome: Most often, victim of domestic abuse do not act because they believe that THEY may be the cause of the problem. This is a reference to any person who, because of constant and severe domestic violence usually involving physical abuse by a partner, may become depressed and/or unable to take any independent action that would allow him or her to escape the abuse. The condition explains why abused people may not seek assistance from others, fight their abuser, or leave the abusive situation. Sufferers may have low self-esteem, and are often led to believe that the abuse is their fault
Ex) They also may still think they love their abuser (Stockholm Syndrome)
Ex) Cycle of Abuse: vicious cycle where there is more abuse, more silence, and more inaction… Then, already under such severe mental pressure, do these victims have any REAL CHOICE in the matter? Can they indeed be rational enough to do the right thing and REPORT their abuser? No.
Ex) Only about a third of cases of domestic violence are actually reported in the United States and the United Kingdom
Ex) Research shows women, who are most dependent on the spouse for economic well being (e.g. homemakers/housewives, women with handicaps, the unemployed), and are the primary caregiver to their children, fear the increased financial burden if they leave their marriage.
Ex) About half of the male victims' reasons and a third of the female victims' reasons for not reporting their intimate partner victimization to the police was because it was a "private or personal matter
III. State relies on doctors in hospitals to report signs of physical abuse:
-Victims may NOT want to be forcibly separated without consent
-If doctors start reporting to the government about physical symptoms of abuse, real victims of domestic violence may feel it is unsafe to go to the hospital for treatment. They may start avoiding hospitals, even when they need to go. The victim is even further marginalized and cannot seek treatment for their wounds. They victim is even further disempowered and left choice-less. Proposition makes life more difficult for them.
- Invoke the Hippocrates oath, and reasons why doctors uphold promises concerning privacy of the patients. This is doctor-patient privilege that should be considered sacrosanct from unjust state laws that marginalize possible victims. (Also, by law, state cannot violate that privilege)
- ALSO, for NONVICTIMS, it would be highly humiliating and unnecessary if they were reported as victims when they are NOT. (Especially because people tend to think women are victims, then women would feel marginalized and doctors, by reporting more women than men, would be REINFORCING an evil sterotype and therefore marginalizing the entire female population with their subconscious double standards. (responding differently to scars on men’s faces and women’s faces/)
- ALSO, in the case that hospitals over-report: Limited legal resources and police attention could be wasted that could have been utilized in numerous cases that ARE REAL and DO EXIST.
-Ex) Ninety-two percent of women who were physically abused by their partners did not discuss these incidents with their physicians; 57% did not discuss the incidents with anyone. Additionally, in four different studies of survivors of abuse, 70% to 81% of the patients studied reported that they would like their healthcare providers to ask them privately about intimate partner violence
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