Criminal Approaches to Family Violence, 1640-1890 (From NIJ Working Conference on Family Violence as a Criminal Justice Issue, 1986 -- See NCJ-115203)

• NCJ Number: 115204
• Author(s): E Pleck
• Date Published: 1986
• Length: 38 pages
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

While interest in the history of the criminalization of family violence has been minimal because of assumptions that such behavior was considered legitimate or at least tolerated, there were significant innovations in the criminal law against family violence during three periods between 1640 and 1890.

Abstract

The first laws against incest and against child abuse and wife abuse were enacted in New England during the 1640's. Orphan's courts for the protection of abused and neglected children were established in the Southern colonies during the 17th Century. In the 18th and early 19th centuries, there were no significant efforts to punish family violence. In the 40 years after 1830, police, aldermen's and hustings courts were established that made it relatively easy for victims of family violence to bring a criminal case. Between 1875 and 1890, multiple reform efforts sought to invoke criminal and civil sanctions against family violence; the most significant being the founding of societies to prevent cruelty to children. These three phases indicate that interest in sanctioning criminal violence lasts several decades, then declines, and is influenced more by political and social conditions then by reported incidence. Further, some forms of family violence are more likely to be regarded as crimes than others. 1 footnote. (Author abstract modified)