The Benefits Of Mandatory Arrest Laws

This essay will critically analyse the significant changes that have occurred within domestic violence which is viewed as a vital subject within the criminal justice system. It will explore the way that domestic violence has progressively become a concerning issue in the criminal justice system from being relatively acceptable in recent history. In addition to this, the essay will explore legislation changes in relation to domestic violence and how the police have arguably been forced to change their attitudes towards a problem that was once thought of as a private regard. It will critically analyse the theories put forward as to why domestic violence occurs in today’s society. It will explore the weaknesses within the criminal justice system, especially the police in regards to domestic violence, the police previously viewed domestic violence as a matter of which they should not get involved. However as mentioned in the essay, after many reviews within the system, many improvements have been made to help protect the victim.

During the mid-1983, two-thirds of the states have executed the warrantless arrest law. Consequently, six states across the nation have enacted on the arrest of atrocities regarding a domestic disturbance. Meanwhile, In 1997, Oregon became the first state that enacted on warrantless arrest against the immorality of a domestic disturbance. A variable of states needs to legislate on the warrantless arrest law regarding a domestic disturbance for the safety of the victims. Legislating on the warrantless arrest law would often gain the trust of victims to call law enforcements for assistance during a domestic

The feminist movement and women’s advocacy groups identified domestic violence as a serious issue and demanded for a change in the police response (Feder and Henning 2005). In conjunction with the release of the Minneapolis Domestic Violence Experiment’s research findings that arrest deterred future acts of violence and aided in lowering recidivism rates, many states enacted the new police policies to facilitate the arrest of domestic violence perpetrators. Previously, officers assessed the scene and interviewed the parties then decided the best course of action based on the facts collected. Historically, police officers used discretion in “street-level decision making ranging from decisions on whom to stop, when to write a ticket, and when to follow agency policy” (Phillips and Sobol 2010:100). Yet, some research has suggested that the enactment of mandatory arrest laws “require a specific action, eliminating an officer’s discretion to ignore, stretch, or only provisionally apply criminal law” (Phillips and Sobol 2010:100). The dichotomy of such laws eliminated officer discretion thus leading to the increase of arrests of victims and perpetrators alike. Hirschel et. al. (2008) found that the existence of mandatory arrest laws produced higher arrest rates across all three relationship categories of intimate

Domestic violence, or intimate partner violence, is a common problem. As a result, the criminal justice adapted to demands, especially from feminists, who bemoaned the poor response of police, and in turn, the justice system by instituting mandatory arrests. However, mandatory arrests have proven that just like protection or restraining orders, they are not effective in deterring domestic violence (Davis, 2008). Similarly, the arrests do not have a substantial effect on recidivism and create undue procedural complications for the criminal system (Zelcer, 2014). On the contrary, proponents of the approach, argue that it has a deterrent effect on the perpetrators and that it can even protect offer immediate protection for the victims (Clark, 2010). Nonetheless, using statistical evidence and arguments from scholarly sources, this position paper will expose the inefficiencies and constitutional inconsistencies that make mandatory arrests harmful for the batterer, victim, and the criminal justice system.

For centuries domestic violence has been perceived as a private matter private of which the government has not been concerned about nor was it considered the government’s business to intervene on behalf of a battered spouse. The unlawful nature of this failure for state or federal government intervention against this crime contributed to the systematic abuse of women in the family. The traditions, customs, and common law found in both British and American societies continued right up until the last decade of the 20th century and left the battered wives and very frequently, her children, at the mercy of the husband. It wasn’t until the 1990’s when the government began to do something to protect mothers, wives, and lovers from intimate

Through, the years Domestic abuse and police arrests has impacted society because the police officers failed to provide equal protection towards women who are victims towards sexual abuse. Therefore, the policy reform was established to reduce crimes and political power. However, violent crimes have been categorized with higher rates of proscution.Women were not provided with equal protection against domestic abuse and increased the rate of victims who are incarcerated. Women who encountered domestic violence have been arrested for self-defense. Victims of domestic abuse have been physically forced and violently assault in order to take advantage of them and form authority over them. In order to understand the social world we need to include women experiences towards domestic violence and mandatory arrest in order to reduce crimes and prevent victims from being incarcerated.

Identify, define, examine, and discuss the domestic violence laws in your state applicable to this situation between Sarah and her boyfriend. Compare and contrast property crimes and personal crimes and how domestic violence relates to both. Evaluate victim's rights as they related to domestic violence and social responsibility in your state. Analyze the criminal behavior of domestic violence and describe how criminal behavior is evaluated towards the formation of new policy for social order in the criminal justice system. Compare and contrast the history and the future of

In today’s society, domestic violence is an enormous problem that we live with. Domestic Violence is the greater common form of assault or battery encountered by police. Domestic violence don’t discriminate against age, gender, sex orientation and race. We live in a society that was built on conflicts, we also live a life that is full of hate, anger, lust and envy. The majority of the domestic violence cases that police officer intervene with, the cause was jealousy. The traditional police response to this case is for non-intervene since they believe that any couples’

In order to combat domestic violence, many states passed laws and legislation requiring police to make warrantless arrests in response to all domestic violence calls. Harvard scholar, Radha Iyengar, who has studied domestic violence related homicide and the effects of mandatory arrest policies for domestic violence, suggests that although these policies were created to help victims, the solution of mandatory arrests in domestic violence incidents, led to many negative consequences; putting many women in danger, rather than helping them (Iyengar). Though designed to deter violence by offenders, mandatory arrest laws make women more vulnerable to being arrested themselves, lead abuse in domestic violence disputes to become more severe, and deter women from reporting violence to police (Strout).

Since the 1970’s domestic violence against women has been a huge issue in the United States. In fact, battered women flocked to safe havens within local shelters that were created to protect them and their off spring. (Stark,E. 2012). It was determined that domestic abuse had dangerously heighten during the 80’s, and special attention was essential to addressing the spike in cases. With law enforcers being on the front line, it was determined that they needed the training to spot and assess domestic cases. Unfortunately, many cases were not simply cut and dry cases. It appears that the offenders mastered tactics which masked abuse against their partners. Physical abuse that was once an obvious and domineering sign was now replaced with a new type of abuse. This abuse crippled the victim by mentally incapacitating their victims. Such tactics are known as Coercive Control. According to Stark, this type of control uses psychological and emotional tactics in order to control the victim into doing what they wanted. (Stark, E. 2012). In fact, 40- 89% of women are under coercive control in many domestic cases. Some scare tactics used attempt to isolate, degrade, exploit, and control the victim. In comparison, Stark discussed in his article “Rethinking Custody Evaluation in Cases

On the other hand, preconceived notions could be seen as biasing officers, and play a negative role in the practitioner/client relationship. Either way, schemata theory provides a “general framework for demonstrating the active and reflexive nature of decision making and gives a sense of the large roles that learning, socialization, and experience play” in the decision-making process of criminal justice personnel (Robinson 2000, 604). notes, “officers were to handle these calls with the main goal of settling the parties down and restoring order.” Arrest was to be used only when no other option appeared to be possible. In the late 1990s, police departments began to implement mandatory arrest policies, and today’s policies “make it clear that domestic violence is considered criminal conduct rather than disorderly conduct and they specifically mandate that officers make arrests when probable cause exists in domestic disturbances” (Robinson 2000, 607). This new direction in policy can be viewed in some sense as a liability issue, and officers who once were able to use their discretion on the scene of a domestic violence situation now are told to follow the policy exactly as written, and much in-service training deals specifically with this one issue

Domestic Violence is one of the most common crimes that occur, however not all of them being reported. There are many effects and causes to this behavior in law enforcement officers that have been studied by many researchers and doctors, authors, and the media. The victims of domestic violence from law enforcement officers (mostly being women) are affected by this greatly on a higher level than regular women who aren’t married to police officers, as they have much more to lose if such acts were ever reported on their spouses. There are many theoretical causes of domestic violence from law enforcement officers, which effect their victims greatly, making it almost impossible for them to report any offense without some type of consequence of

Domestic Violence is one of the most common crimes that occur, however not all of them being reported. There are many effects and causes to this behavior in law enforcement officers that have been studied by many researchers doctors, authors, and the media. The victims of domestic violence from law enforcement officers (mostly being women) are affected by this greatly on a higher level than regular women who aren’t married to police officers or, as they have much more to lose if such acts were ever reported on their spouses. There are many theoretical causes of domestic violence from law enforcement officers, which effect their victims greatly, making it almost impossible for them to report any offense without some type of

There can be many disadvantages to mandatory arrest for IPV. A lot of people believe that it may be intimidating for the victim to call the police and report the violence and I agree with that 100%. My mother was in an abusive relationship and even though she knew it was wrong, she did not want the man to get in trouble and certainly did not want him to be arrested. It is quite astounding to see how the abuser has complete control over the victim like that. On the other hand, I think that the mandatory arrests may be a good thing. If the abuser is arrested, the victim may have enough time to relocate and figure out what they are wanting to do to take the next step forward and they are away from the toxic situation for the time being.

Domestic violence is a crime that occurs regularly within the United States. It claims millions of victims each year. There is not a specific cause to establish why domestic violence occurs. However, it has been documented that domestic violence is a product of physical, emotional, sexual, psychological, and any other forms of torture or torment that the particular abuser wishes to employ to gain control or power over their victims (Gosselin, 2005). Due to the complexity of this crime, many criminologists and socialologists have studied its causes and the effects in order to determine social policies and additional theories to better understand the causation of domestic violence. The social policies and theories that are developed from