Question: Is Criminal Law the Best Response to Promote Ethical Domestic Violence Public Policy? On the night of June 23, 1993, John Wayne Bobbitt arrived at the couple's Manassas, Virginia, apartment highly intoxicated after a night of partying and, according to testimony by Lorena Bobbitt in a 1994 court hearing, raped his wife. (John was tried and acquitted for this alleged spousal rape in 1994; he was prosecuted by the same district attorney who prosecuted Lorena for allegedly attacking John.) Afterward, Lorena Bobbitt got out of bed and went to the kitchen for a drink of water. According to an article in the National Women's Studies Association Journal, in the kitchen she noticed a carving knife on the counter and "memories of past domestic abuses raced through her head." Grabbing the knife, Lorena Bobbitt entered the bedroom where John was asleep, and she proceeded to cut off more than half of his penis. After assaulting her husband, Lorena left the apartment with the severed penis. After driving a short while, she rolled down the car window and threw the penis into a fi eld. Realizing the severity of the incident, she stopped and called 911.
After an exhaustive search, the penis was located, packed in ice, and brought to the hospital where John was located. The two-and-a-half-inch penis was reattached by Dr. David Berman during a nine-and-ahalf-hour operation. Lorena was taken into custody. During the trial, the couple revealed details of their volatile relationship and the events leading up to the assault. Lorena stated that John sexually, physically, and emotionally abused her during their marriage. She also stated that John flaunted his infidelities and forced her to have an abortion. Several witnesses provided testimony supporting Lorena's claims. Lorena's defense attorneys maintained that John's constant abuse caused Lorena to eventually "snap" as she was suffering from clinical depression and a possible bout of post-traumatic stress disorder due to the abuse. John denied the allegations of abuse. However, when he was cross-examined, his statements often conflicted with known facts, severely weakening the prosecution's case. After seven hours of deliberation, the jury found Lorena "not guilty" due to insanity causing an irresistible impulse to sexually wound her husband. As a result, she could not be held liable for her actions. Under state law, the judge ordered Lorena to undergo a 45-day evaluation period at a mental hospital, after which she would be released.
Instructions: 1. Go to the website www.cengage.com/criminaljustice/samaha.
2. Watch "Lorena Bobbitt, 15 Years Later" and read the selections concerning the response to domestic violence that best promotes the best ethical public policy.
3. Based on the video and readings, write an essay that
(a) lists and briefly describes the criminal and noncriminal responses described and discussed on the video and in the articles and
(b) takes a position on which most effectively promotes the best ethical public policy.