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dc.contributor.authorSuk, Jeannie Chi Young
dc.date.accessioned2013-12-05T17:43:36Z
dc.date.issued2006
dc.identifier.citationJeannie C. Suk, Criminal Law Comes Home, 116 Yale L.J. 2 (2006).en_US
dc.identifier.issn0044-0094en_US
dc.identifier.urihttp://nrs.harvard.edu/urn-3:HUL.InstRepos:11352716
dc.description.abstractThough traditionally criminal law did not reach into the home to punish domestic violence, today such intervention in the home is well accepted and steadily growing. Because we all welcome that remedial development, we have taken little notice of the legal innovations in misdemeanor domestic violence enforcement that are transforming the role of criminal law in the home beyond the criminal punishment of violence. An important legal tool in this transformation is the protection order, which bans a person from the home on pain of arrest and enables treatment of presence at home as a proxy for violence. Through prosecutors' routine deployment of protection orders in the criminal process at arraignment, plea bargaining, and sentencing, the home is becoming a space in which criminal law deliberately reorders and controls private rights and relationships in property and marriage - not as an incident of prosecution but as its goal. The growing criminal law use of protection orders to prohibit the cohabitation and contact of intimate partners (often when substantial jail time is not imposed) is a form of state-imposed de facto divorce that subjects the practical and substantive continuation of intimate relationships to criminal sanction. This displacement of the choice to live like intimate partners exemplifies the changing legal meaning of the home, wherein the archetype of private space becomes a site of intense public investment suitable for criminal law control.en_US
dc.language.isoen_USen_US
dc.publisherYale Law Schoolen_US
dc.relation.isversionofhttp://www.yalelawjournal.org/the-yale-law-journal/article/criminal-law-comes-home/en_US
dc.relation.hasversionhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=939619en_US
dash.licenseMETA_ONLY
dc.titleCriminal Law Comes Homeen_US
dc.typeJournal Articleen_US
dc.description.versionVersion of Recorden_US
dc.relation.journalYale Law Journalen_US
dash.depositing.authorSuk, Jeannie Chi Young
dash.embargo.until10000-01-01
dash.contributor.affiliatedGersen, Jeannie


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