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A UNIQUE EXERIENCE IN LEARNING LAW
In the context of domestic violence offenses, some people argue that veterans should not receive preferential treatment compared to other criminal defendants, regardless of whether their criminal actions stem from their military service. For example, in 2009, Gloria Terry, CEO of the Texas Council on Family Violence, testified during a legislative committee hearing that she “supports carefully implemented, community-based veterans' courts." However, "In crimes where there is a victim, particularly violent crimes, offender accountability in the criminal justice system should be treated more conventionally, regardless of whether the offender has PTSD.”[1] This view is supported in the work of Kravet, P. (2012). Way Off Base: An Argument Against Intimate Partner Violence Cases in Veterans Treatment Courts. Kravet’s main argument against intimate partner violence cases in veterans treatment courts is that these courts are not equipped to handle the complexities of domestic violence. Her paper outlines three primary reasons for this stance:
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[1]. Texas House Committee on Defense & VeteranTs’ Affairs, Interim Report to the 82nd Texas Legislature, p. 33 (December 2010)(emphasis added).
Kravet argues that veterans treatment courts do not have professionals with sufficient expertise in both combat-related trauma and domestic violence dynamics to perform adequate assessments to determine the underlying causes of a veteran’s violence against their partner.
Accepting intimate partner violence cases into veterans courts sends problematic messages to the victim and the community about the nature of domestic violence and the role of the criminal justice system. It implies that violence is attributable to mental health or substance abuse issues related to combat trauma, which may not always be the case.
Research has shown that substance abuse, mental health, and batterers’ intervention treatments have limited, if any, effectiveness on reducing recidivism in intimate partner violence cases. This raises concerns about the safety and well-being of victims if such cases are handled in veterans treatment courts.
Overall, the paper argues that intimate partner violence cases should be excluded from veterans treatment courts to ensure proper handling and to avoid potentially dangerous outcomes for victims.
Kravetz, Way Off Base - 2012 (pdf)
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