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Criminalising Coercive Control

Family Violence and the Criminal Law

  • Book
  • © 2020

Overview

Editors:
  1. Marilyn McMahon

    1. School of Law, Deakin University, Burwood, Australia

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  2. Paul McGorrery

    1. School of Law, Deakin University, Burwood, Australia

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  • Presents unique perspectives on how the criminal justice system can respond to non-physical harm

  • Combines academic and practitioner views on the criminalization of non-physical family violence

  • Includes reviews of jurisdiction that have have criminalized non-physical family violence

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Table of contents (12 chapters)

  1. Front Matter

    Pages i-xv
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  3. Fixing a ‘Gap’ in the Law?

    1. Front Matter

      Pages 91-91
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    2. An Alternative Means of Prosecuting Non-Physical Domestic Abuse: Are Stalking Laws an Under-Utilised Resource?

      • Marilyn McMahon, Paul McGorrery, Kelley Burton
      Pages 93-110

    3. Evaluating Criminalisation as a Strategy in Relation to Non-Physical Family Violence

      • Julia Quilter
      Pages 111-131
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Keywords

About this book

This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse.


The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence?


This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.


Editors and Affiliations

  • School of Law, Deakin University, Burwood, Australia

    Marilyn McMahon, Paul McGorrery

About the editors

Dr Marilyn McMahon is a Professor of Criminal Law and the Deputy Dean of the School of Law at Deakin University. Dr.McMahon graduated from the University of Melbourne with BA(Hons) and LLB degrees and has a Master of Psychology (Forensic) degree from Monash University. She obtained her PhD (with Distinction) from La Trobe University. Her research and teaching is primarily in the areas of criminal law, criminal procedure and evidence, particularly where issues arise in relation to the mental state of those charged with crimes. She is a member of the Mental Health Tribunal (Victoria), the Forensic Leave Panel and the Australian Forensic Reference Group, a committee of scientists established within Victoria Police to assist with ‘cold case’ investigations. Dr McMahon is also a registered psychologist.


Paul McGorrery is a PhD candidate at Deakin Law School, and is an admitted lawyer in both Australia and New York, USA. He graduated from La Trobe University with a BLS and an LLB, and graduated magna cum laude with an LLM from Temple University in the United States. His research focuses primarily on criminal law, family violence and sentencing. Paul has worked as a prosecutor with the Office of Public Prosecutions in Melbourne, and has taught law and criminology with a number of universities. He is currently a senior legal policy adviser at the Sentencing Advisory Council in Victoria



Bibliographic Information

  • Book Title: Criminalising Coercive Control

  • Book Subtitle: Family Violence and the Criminal Law

  • Editors: Marilyn McMahon, Paul McGorrery

  • DOI: https://doi.org/10.1007/978-981-15-0653-6

  • Publisher: Springer Singapore

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: Springer Nature Singapore Pte Ltd. 2020

  • Hardcover ISBN: 978-981-15-0652-9Published: 29 February 2020

  • Softcover ISBN: 978-981-15-0655-0Published: 26 August 2021

  • eBook ISBN: 978-981-15-0653-6Published: 28 February 2020

  • Edition Number: 1

  • Number of Pages: XV, 260

  • Number of Illustrations: 1 b/w illustrations

  • Topics: Criminal Justice, Common Family Law, Violence and Crime, Gender, Sexuality and Law

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