Benchmark – Domestic Disturbance and Policing

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School

Grand Canyon University *

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Course

320

Subject

Arts Humanities

Date

Apr 3, 2024

Type

pdf

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5

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1 Benchmark – Domestic Disturbance and Policing Gillian Mumm College of Humanities and Social Sciences, Grand Canyon University JUS-320 – The Police Function Pernell Witherspoon September 24, 2023
2 Benchmark – Domestic Disturbance and Policing The debate around mandatory arrest laws in cases of domestic violence is ongoing, and there are arguments for and against the laws. “ Domestic violence typically involves an assault or battery upon a member of a household including a spouse, parent, child, blood-related family member, or others domiciling in the same place ” (Birzer, 2007). One argument for mandatory arrest laws is that they send a strong message that domestic violence will not be tolerated and help reduce the likelihood of future violence. Arresting the perpetrator shows that the behavior will not be dismissed or minimized, and effective intervention in these cases can protect victims. On the other hand, opponents of mandatory arrest laws argue that they can be harmful to victims. One of the main criticisms is the lack of discretion that police officers have under these laws. Arrests can increase the severity of abuse in some cases, putting victims at more risk. In some communities, arrests may also reduce the willingness of individuals to report domestic violence due to mistrust of the criminal justice system, or fear that mandatory arrest will lead to negative for the perpetrator, such as unemployment and retribution for the victim. Moreover, mandatory arrest laws fail to address the root cause of domestic violence, namely, the underlying beliefs and attitudes that perpetuate violence. Automatically treating every case through a law enforcement lens undermines the importance of addressing these underlying issues within communities. To be helpful, mandatory arrest laws must be implemented with care and strong support for victims that reach beyond the reach legal implications. To prevent domestic violence, a comprehensive approach must be taken to address the many factors that put people at risk such as providing accessible and adequate shelters, education on healthy relationships, and advocacy for social and economic justice.
3 The steps in the criminal procedure for a domestic violence assault can vary depending on various factors, such as the jurisdiction or severity of the case. Here is a general outline of what may happen. The first step is for the victim or someone else to report the crime by calling the police or another law enforcement agency. The victim may also seek medical attention if necessary and may be referred to social services or an advocate for support. The law enforcement agency will investigate the crime, which may include collecting evidence, taking witness statements, and documenting injuries. If the police have probable cause to believe that domestic violence assault has occurred, they may arrest the perpetrator “ An officer shall arrest where infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or instrument ” ( Domestic Violence , n.d.). The prosecutor's office will review the case and may choose to file criminal charges against the perpetrator. The charge may vary depending on various circumstances, which could lead to a lesser or more severe charge, for example, a simple assault charge may be increased to aggravated assault. If charges are filed, the perpetrator will be arraigned in court and may plead guilty or not guilty. The court schedules a pre-trial conference to discuss the case, which may include any recent evidence obtained. The prosecutor and defense attorneys may also engage in the discovery process, where they exchange information about the case. If neither party does not reach a plea agreement, the case will go to trial. An impartial jury listens to the case before a verdict is rendered. If the perpetrator is found guilty and convicted of domestic violence assault, the court may hand down a sentence that could include fines, imprisonment, or probation. The defense could appeal if they believe that there was a procedural error during the trial. While these steps may depict a general outline, criminal procedure can be complex and involve many variables, including state-specific laws and procedures, so it is always appropriate to consult with a legal expert or attorney.
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