Graduation Year

2023

Document Type

Dissertation

Degree

Ph.D.

Degree Name

Doctor of Philosophy (Ph.D.)

Degree Granting Department

Government and International Affairs

Major Professor

David Ponton III, Ph.D.

Committee Member

Michelle Hughes Miller, Ph.D.

Committee Member

Steven Tauber, Ph.D.

Committee Member

Nicolas Thompson, Ph.D.

Abstract

Women who have been the victim of violence have always been at a disadvantage under the laws in the United States because these laws stem from a patriarchal, sexist, heteronormative, and racist ideology under which this country was founded. Self- defense laws have shown to be no different and serve as a constraint to women who attempt to protect themselves at the hands of an abuser. This dissertation focuses on women who have been the victim of violence at the hands of an abuser to show that the law is not doing an adequate job of protecting them. It accomplishes this in many ways. First, this Dissertation explores the existing literature to show that the inadequate justice women receive after being the victim of violence is not a new problem and it is, in fact, very well established. Second, a legal analysis is done to show that laws that protect men who defend themselves and those that protect women are not only separate, they are not equal and women are at an extreme disadvantage. Third, a case analysis is done to highlight Black women specifically and show that our system of justice uses many different tools to ensure these women do not receive justice, thereby creating an impossible system to overcome. Finally, interviews were conducted with key actors in the criminal justice system to highlight the ultimate finding that none of these processes work in a vacuum and without major change at every level of justice, these women will continue to be re-victimized by a system that should be working to protect them.

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