PUNISHMENT AND DOMESTIC VIOLENCE

Abstract

Domestic violence is not just a sub-category of violence in general. It is inherently complex because there is an unclear border or demarcation between tough “education” within the family (disciplining children) and violence (beating children); the demarcation between the two is much clearer outside the home, as in schools and other institutions. Another problem is that when the offender is a parent, for example, then punishing him or her is likely to harm the family at large, such as by taking away their means of support. Generally, punishment involves singling out a specific offense and the perpetrator of that offense, and this is more problematic in a family situation. These complex issues are often used by the authorities as an excuse to abstain from pursuing and punishing offenders. Consequently, they renege on their two obligations—to punish criminals and protect the weak.