Like rape, domestic “violence” is defined so loosely that it need not be violent. The U.S. Justice Department definition includes “extreme jealousy and possessiveness” and “name calling and constant criticizing.” For such “crimes” men are jailed with no trial. In fact, the very category of “domestic” violence was developed largely to circumvent due process requirements of conventional assault statutes. A study published in Criminology and Public Policy found that no one accused of domestic violence could be found innocent, since every arrestee received punishment. Here, too, false accusations are rewarded. “Women lie every day,” attests Ottawa Judge Dianne Nicholas. “Every day women in court say, ‘I made it up. I’m lying. It didn’t happen’ — and they’re not charged.” Amazingly, bar associations sponsor seminars instructing women how to fabricate accusations. Thomas Kiernan, writing in the New Jersey Law Journal , expressed his astonishment at “the number of women attending the seminars who smugly — indeed boastfully — announced that they had already sworn out false or grossly exaggerated domestic violence complaints against their hapless husbands, and that the device worked!” He added, “The lawyer-lecturers invariably congratulated the self-confessed miscreants.” Domestic violence has become “a backwater of tautological pseudo-theory,” write Donald Dutton and Kenneth Corvo in Aggression and Violent Behavior . “No other area of established social welfare, criminal justice, public health, or behavioral intervention has such weak evidence in support of mandated practice.” Scholars and practitioners have repeatedly documented how “allegations of abuse are now used for tactical advantage” in custody cases and “become part of the gamesmanship of divorce.” Domestic abuse has become “an area of law mired in intellectual dishonesty and injustice,” according to the Rutgers Law Review . Restraining orders removing men from their homes and children are summarily issued without any evidence. Due process protections are so routinely ignored that, the New Jersey Law Journal reports, one judge told his colleagues, “Your job is not to become concerned about the constitutional rights of the man that you’re violating.” Attorney David Heleniak calls New Jersey’s statute “a due process fiasco” in the Rutgers Law Review . New Jersey court literature openly acknowledges that due process is ignored because it “perpetuates the cycle of power and control whereby the [alleged?] perpetrator remains the one with the power and the [alleged?] victim remains powerless.” Omitting “alleged” is standard even in statutes, where, the Massachusetts Lawyers Weekly reports, “the mere allegation of domestic abuse … may shift the burden of proof to the defendant.” Special “integrated domestic violence courts” presume guilt and then, says New York’s openly feminist chief judge, “make batterers and abusers take responsibility for their actions.” They can seize property, including homes, without the accused being convicted or even formally charged or present to defend himself. Lawyer Walter Fox describes these courts as “pre-fascist”: “Domestic violence courts … are designed to get around the protections of the criminal code. The burden of proof is reduced or removed, and there’s no presumption of innocence.” Forced confessions are widespread. Pennsylvania men are incarcerated unless they sign forms stating, “I have physically and emotionally battered my partner.” The man must then describe the violence, even if he insists he committed none. “I am responsible for the violence I used,” the forms declare. “My behavior was not provoked.”
Posted on: Sat, 29 Nov 2014 00:29:03 +0000
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