Cheryl Hanna

No Right to Choose: Mandated Victim Participation in Domestic Violence Prosecutions

Throughout the country, prosecutors have begun to mandate victim participation in domestic violence cases. In this Article, Professor Hanna examines the tensions that arise when the state uses its powers to compel women to assist in the prosecution of their batterers. Although feminist theory has been responsible for increased attention to domestic violence, it does not adequately address the tensions between state accountability and victim autonomy. Professor Hanna illustrates these tensions with dilemmas that she confronted while prosecuting domestic violence cases. Using a pragmatist approach to explore these issues more deeply, Professor Hanna argues that prosecutors can decrease the costs associated with mandated participation by reducing their reliance on victim testimony. She also outlines practical steps that prosecutors can take to achieve this goal. Professor Hanna concludes that prosecutors must take the choice of prosecution away from the victim if they are serious about sending a clear message that domestic violence is criminally unacceptable.

The Paradox of Progress: Translating Evan Stark’s Coercive Control Into Legal Doctrine for Abused Women

This article examines Evan Stark’s model of coercive control and what this paradigm shift might mean for the law. Coercive control can help redefine both criminal offenses involving domestic violence and defenses available to women who kill their abusers. This redefinition would shift the law away from incident-based violence and toward a more comprehensive and accurate paradigm that accounts for the deprivation of a woman’s autonomy within the context of an abusive relationship. Such a change would likely provide more effective state intervention into what were once considered private relationships. Yet, this approach may also have some unintended consequences, including refocusing the law on a victim’s mental state and complicity in her own abuse rather than on the harm caused by abusive men. Thus, although the law should more fully account for coercive control, lawyers must be cautiously optimistic in implementing Stark’s proposed reforms.