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Regional Seminar Series on Developing and Implementing Antistalking Codes

NCJ Number
156836
Date Published
June 1996
Length
166 pages
Agencies
BJA
Publication Series
Publication Type
Conference Material
Grant Number(s)
93-DD-CX-0025, 94-VF-CX-K001
Annotation
This monograph includes an overview of the proceedings and findings of the seminar series on Developing and Implementing Antistalking Codes, an analysis of recent State appellate court decisions in stalking cases, and information on developments in the area of civil protective order laws since publication of the model code.
Abstract
The seminars addressed three principal issues: whether the stalker's motivation should be considered in prosecuting a case, the role of psychological evaluation and counseling in handling and sentencing stalkers, and how to handle stalking cases in which the victim is unwilling or unable to cooperate with the prosecution. A profile of State stalking statutes considers the following components: stalking defined, threat required, intent provisions, course of conduct, sentencing, bail, special provisions, civil remedies, mental evaluation and civil commitment, and related laws. A review of stalking case law from State appellate court decisions focuses on court decisions in California, Florida, Georgia, Oklahoma, Virginia, Massachusetts, and Illinois. The concluding chapter discusses using civil protective orders in stalking cases, eligibility for civil protective orders, enforcement of protective orders, and double jeopardy implications of protective orders. 38-item bibliography and appended model antistalking code and commentary
Date Created: September 29, 2003