annotated bibliography of new zealand research into family violence

See: www.nzfvc.org.nz/13039.pubTopic Areas: Child abuse and neglect, Homicide, Children, Justice, LegislationAbstract: This paper presents an overview of the current law relating to juvenile homicide inNew Zealand, viewed in both a substantive and procedural context. The focus of the paper ison the manner in which children aged between 10 and 14 years are treated with respect to acharge of murder. Particular regard is paid to international juvenile justice obligations andCommonwealth comparative law. The age of criminal responsibility is analysed in itsstatutory and common law forms, and its current appropriateness reviewed and approved. Thecritique of the common law approach to evidential matters highlights the injustices andinconsistencies currently operating under the doctrine, such as the admissibility of a childdefendant’s previous convictions. The paper also examines the criticisms made of thepractical implications of the doctrine. The sentencing of children who kill is discussed inrelation to a number of countries practices. The paper concludes with suggestions for thereform of the substantive law. These include maintenance of the presumption against criminalresponsibility for those child defendants aged between 10 and 14 years subject to a reversal ofonus - putting the evidential and persuasive burden on the defendant. As it is not its focus,this thesis looks somewhat superficially at family violence in relation to children committinghomicide.Source: Authors abstractHarrison, S. B. (1997). DPP vs. Morgan and Godzone: An investigation into Morgan’s legal andsocial impact in New Zealand. Unpublished manuscript, University of Otago, Dunedin, NewZealand.See: www.nzfvc.org.nz/13162.pubTopic Areas: Intimate partner abuse, Sexual assault/rape, Women, Justice, Legislation,GenderAbstract: This dissertation explores the ‘Morgan principle’, a British ruling arising in 1973and adopted by New Zealand, which accepts that honest mistaken belief is a defence in rapecases. The legal and social implications stemming from the ‘Morgan principle’ are examined.The author tracks changes in New Zealand’s rape laws since the adoption of this principle.The rise of feminism during the 1970s resulted in a closer analysis of rape laws in NewZealand, particularly concerning consent, women’s sexuality, the acceptance of violenceagainst women, and spousal immunity in rape cases. Debates about the definition of rape andthe inclusion of marital rape are examined. The document Rape Study: A Discussion of Lawand Practice (1983) provides a comprehensive analysis of rape, and this study is used by theauthor to illustrate public opinion surrounding rape, and how this document contributed tochanges in rape legislation. Spousal immunity and the ‘Morgan principle’ were abolishedwith the passing of the Crimes Amendment Act (1985).Hassall, I., & Davies, E. (2003). Using action research to assist the development of a communitybuildingstrategy to prevent child abuse and neglect. Paper presented at The Social PolicyResearch and Evaluation Conference: Connecting Policy, Research and Practice, Wellington,New Zealand. Retrieved October 21, 2005, from http://www.msd.govt.nz/events/conferences/social-policy-03/abstracts-papers-presentations/1.20.htmlSee: www.nzfvc.org.nz/12224.pubTopic Areas: Child abuse and neglect, Policy, CommunitiesAbstract: This paper puts forward a strategy intended to reduce the risk of child abuse and81