|will walk away free. Also, the wife only states she was scared and called the police. According to "Domestic Assault |…
If the perpetrator is still on scene, the officer will make an arrest only if he or she has probable cause to believe that the perpetrator has committed a crime or if an arrest warrant has been issued. If the perpetrator is fleeing from the scene, the officer must determine if it is appropriate to leave the scene. For example, if a victim on scene is seriously injured, the officer’s must stay on scene and render first aid and call for medical personnel’s. If this was the case, the…
Once an individual has been harmed by another individual and wishes to seek help from law enforcement they have the legal right to request legal protection. In fact, the victim has the legal right under the eye of the law to go to court to request a personal protection order for not only themselves, but anyone that lives in the home as well. The victim also has the legal right to obtain any copies of any incidents that has happens regarding the abuser and the victim from the police, and also receive a several documents of information regarding services that surround emergency shelters and counseling services for victims of domestic abuse. If a victim has been violated while under a personal protection order at the hands of the abuser the victim has the right to return to court to file a motion to show cause and hearing if the individuals was not apprehended by law enforcement. However, the victim does not have the full legal right to physically…
Mandatory arrest for domestic violence calls is to ensure the safety of the victim from the alleged offender. I think this policy impacts the community significantly depending on the situation and the severity of the allegations. The pros of arrest for domestic violence calls ensure safety for the victim, family members and the community. The cons wit this issue is often times there are false allegations made and lack of sufficient evidence but because of policy a person must be placed under arrest. This can negatively impact a person’s life in many ways. They can lose their jobs and not get jobs because of their offenses. I would be against this policy because there isn’t always sufficient evidence leading one person to being the main aggressor…
One process of criminal justice interventions is mandatory arrests. Mandatory arrests are made when the police arrive at the scene of domestic violence situation. Another process is a protective order which mandates that one party stays away from the other. This may require the perpetrator to stay so many feet away from the victim. Retraining orders are also used and may require the same as a protective order but also require such things as child support or child custody (Huss,…
In 2005, the Bureau of Justice Statistics did a study that of the almost 3.5 million crimes in America violent crimes committed against family members , 49% of these were crimes against spouses. A police officer how responds to a domestic violence call can be a life or death situation. They must be able to recognize when an abusive situation is happening even without physical evidence. In other cases the abuser will not answer the door if he see the officer at the door. In the 1980’s the response was very little to the domestic violence. If the police could get the abuser to stop abusing the spouse then that was it nothing happen the police would leave it at that, they wouldn’t do anything else , saying job well done. Other cops would tell the abuser to leave for the night so he could cold down…
Mandatory and preferred arrest policies have been debated by both sides in terms of effectiveness and fairness. As it currently stands, 22 states have laws that include mandatory and preferred arrest policies. Statistical data has shown that since its implementation, arrests have significantly gone up. Comparing the 1970s and 1980s which was around 15% to the modern era with over 30% arrests made during a domestic violence call. Not only have arrests gone up but more specifically, female arrests have increased exponentially. The argument can be made that police in our modern era have become more “by the book” and have increased arrest rates across the board. In terms of the jump in female arrests, this can be in part by the mandatory arrests for example, a husband is assaulted by his wife and a nearby neighbor calls the police, when the police arrive the man has visible injuries but does not want to press charges but the mandatory arrest policy forces the officers to arrest the wife.…
Mandatory arrest laws were put into place in efforts of deterring and reducing the amount of activity in regards to domestic violence. However, recent research has shown that domestic violence arrest rates are higher than what they were when they had first implemented such practices. Domestic violence can be seen as being a very complex and complicated issue within our society. We have issues with what can or is considered domestic violence due to the following types of relationships that are becoming more recognizable such as pre-marital intimate relationships, same sex relationships, blood relatives, and relationships where children are abused. Does mandatory arrest actually help with limiting or reducing the amount of domestic violence within our society today?…
Domestic violence typically involves a pattern physical, sexual and emotional abuse and intimidation which escalates in frequency and severity over time. It can be understood as a misuse of power and the exercise of control (Pense and Paymar 1988, 1990) by one partner over the other in an intimate relationship, usually by a man over a woman, occasionally by a woman over a man (though without the same pattern of societal…
The guidelines are able to give fair assessment on what one is up against. The law enforcement officers are less able to take situational and circumstantial factors into consideration when executing their duties but instead they are required to use range of legislations clause in exercising their duties and discretions. In relation to domestic violence, if there is probable cause to believe an individual indeed was involved in it, the statute demands an individual be arrested as long as the responding officer follows the due process as per the laws. In some cases, ethic of care is applicable in decision-making, for instance in many some situation across the united states we have encountered law enforcement officer seeking to know the people or circumstances involved in the situation. This shows that not all those who commit crime should be arrested but can be helped through other means. However, virtues such as compassion, mercy, tolerance, and benevolence is applicable too in law enforcement. Failure to arrest an offender or a suspect the statute demands that the law enforcement officer to face a disciplinary…
Dear Ms. Brill, thank you for allowing me the opportunity to explain the domestic violence charge. It was in result to defending myself from my former fiance whom had beat me a threw me down a flight of stairs. I picked up an object and threw it in his direction to keep him off me. When the sheriff's arrived I was placed arrest and detained for four hours, later released and appeared before a judge in 3/2012 and the case was closed.…
Domestic Violence: Women in Crisis Crisis Defined The term crisis can be interpreted in many different ways. According to Kanel (2007), a crisis is composed of three parts which are a precipitating event, perception of the event that causes distress, and failure of an individual’s usual coping methods. Gerald Caplan, an important contributor to the field of crisis intervention, defines a crisis as “an obstacle that is insurmountable for a time by using customary problem solving methods” (Kanel, 2007, p. 1). Crisis can also defined as a crucial stage or turning point in the course…
Although many states have some type of accountability for the abuser/batterer, whether it result in an arrest, whether it be handled in accordance to the mandated…
“Domestic violence occurs when a person uses physical violence, coercion, threats, intimidation, isolation, stalking, emotional abuse, sexual abuse or economic abuse to control another partner in a relationship. Domestic violence can be a single act or a pattern of behavior in relationships, which encompass dating, marriage, family and roommate relationships.” (University of Michigan, 2009)…
This meant that anyone who was charged with domestic violence be arrested with or without the consent of the victim. The courts would than proceed with criminal charges against the offender. In cases such as this, the accuser would most likely reoffend leading to a higher number of cases that involved some form of domestic abuse (Goodman, Lisa A. Epstein, Deborah Koss, Mary P. White, Jacquelyn W. Kazdin, Alan E. 2011). This has led many to wonder if mandatory arrests…