Preview

Pros And Cons Of Mandatory Tigarrest

Satisfactory Essays
Open Document
Open Document
576 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Pros And Cons Of Mandatory Tigarrest
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?
A main issue with mandatory arrest is that, it is up to police discretion on whom they will arrest at that moment in time. The criminal justice system has often only addressed married couples when it
…show more content…
I feel the negatives outweigh the positives in this particular case, removing the abuser from the home can be a good thing yes however, removing an abuser who then in return becomes more upset and returns home because most of the offenses are only deemed misdemeanors to again abuse his partner does not seem beneficial to me. Having both guardians removed due to being arrests can have negative effects on children, the children that are left behind are often placed into group homes or with other relatives or neighbors. At times the children do not understand what is happening and only that they are being moved from place to place. In addition to this, most victims fail to press charges or keep up court appointments or restraining orders so in essence, the situation becomes a vicious cycle of

You May Also Find These Documents Helpful

  • Satisfactory Essays

    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…

    • 147 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The justice system in the US is a step by step legal procedure that entails private citizens, legal institutions, and law enforcers. As such, each party has a role to play in bringing justice to the victim(s) of crime. Private Citizens play a key role towards implementation of the 1st step of the criminal procedure; they respond to crimes committed by suspected offenders to law enforcers. “Citizens take part directly in the criminal justice process by reporting crime to the police, by being a reliable participant (for example, a witness or a juror) in a criminal proceeding and by accepting the disposition of…

    • 516 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Duluth Model

    • 698 Words
    • 3 Pages

    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…

    • 698 Words
    • 3 Pages
    Good Essays
  • Good Essays

    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,…

    • 476 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Theories Of Estic Violence

    • 1039 Words
    • 5 Pages

    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…

    • 1039 Words
    • 5 Pages
    Better Essays
  • Good Essays

    According to Payne and Wermeling’s research, many victims remain in abusive relationships to avoid retaliation towards them or their children and revictimization of victims occurs at rates as high as 32% within 6 months of the first case of domestic violence (Payne & Wermeling, 2009). Some victims even try to work things out with their attackers by meeting their demands or simply trying to talk out their “problems”, which can lead to further abuse. “The most common reasons for not reporting domestic violence to police are that victims view the incident as a personal or private matter, they fear retaliation from their abuser, and they do not believe that police will do anything about the incident,” according to the Feminist Majority Foundation’s research (FMF,…

    • 1275 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    The Violence Against Women Act (VAWA) is considered a success for domestic violence advocates and victims alike. It was the first time that the federal government established nationwide laws to prevent violence against women and aid in the recovery of survivors. VAWA created the National Domestic Violence Hotline to provide immediate guidance and support for victims. It improved the response of the criminal justice system to cases of domestic assault by providing funds for education, community policing, and policies that promote arrest. It enhanced the working relationship between the criminal justice system and the many agencies that provide services to help victims of domestic violence. VAWA provided the first federal funds to sexual assault…

    • 324 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Mandatory Reporting Law

    • 1879 Words
    • 8 Pages

    I agree with Beverly Upton, that there should be a change in language. The law is a good attempt to cracking down on domestic violence, but it leaves out the importance of the situation; which is to protect the victim. Mandatory Reporting should not be a tool to capture batterers, but a tool to assist and support victims. Jackie Speier must have kept in mind the safety of the victim. In writing a law, one must take into consideration all of the possibilities that may occur. The law benefits the victims that want to escape from their batterer, but it does not assist victims who are still in denial about their abuse. Many victims have trouble realizing that they are in a bad situation. Victims might feel that their abuse is caused by their behavior, or some might be victims of abuse for years in which they see nothing wrong with it. Before a judgment is called about a victim’s situation, there must be a full analysis of their circumstances. One must have a good insight on her life, before making judgment. There are too many risks that can take into place, if the right choice for the victim is not made. Mandatory Reporting becomes a controversial topic because there is a conflict with the purpose of the situation; some people believe that the end to domestic violence is capturing the batterer, as the opposing view would believe that the end to domestic violence is to remove the victim out of the situation in the best interest of the victim. The key to eliminating domestic violence is taking into consideration that everyone’s situation is different. There might be a need to call the police and have a batterer arrested in some situations in which the victim feels that he/she has had enough. In other cases the victim might not want to leave, in which counseling would be implemented to get him/her in the mind frame to leave their situation. Domestic violence is a sticky subject, in…

    • 1879 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Double Victimization

    • 880 Words
    • 4 Pages

    Domestic violence occurs between when an intimate partner uses violence against their partner. Domestic violence can range from physical abuse to psychological abuse. Victims of domestic violence are more likely women than men. Victims of domestic violence do not always tell someone about the incidents they have been subjected too. Victims of domestic violence have a tendency to blame themselves for their partner’s behaviors; they believe that if they would have done something different, or just have kept their mouth shut, the incident would not have occurred. Domestic violence is also seen as something that stays within the family, that no one else is too know. When there is a domestic violence call to the police department in the city I live in, one of the people are going to go to jail. The police take the aggressor to jail, even if the victim doesn’t want to press charges. This makes it easier for the victim to not blame themselves for the departure of the aggressor. The aggressor may blame the victim and threaten more violence once released; but by the state picking it up, it alleviates the burden off of the…

    • 880 Words
    • 4 Pages
    Good Essays
  • Good Essays

    It is time to stop the violence and give stiffer penalties to these criminals. The BYU Journal of Public Law states, “Until the 20th century, society effectively condoned family violence, following a common law rule known as rule of thumb”, which barred a husband from restraining a wife of her liberty by chastisement with a stick thicker than a man’s thumb.” This rule, originally intended to protect women from excessive violence in fact led to reluctance on the part of the government to interfere to protect women even when serious violence occurred. (foot note…

    • 806 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Hovmand, P. S., Ford, D. N., Flom, I. and Kyriakakis, S. (2009), Victims arrested for domestic violence: unintended consequences of arrest policies. . As retrieved on 5/13/12 from http://onlinelibrary.wiley.com/doi/10.1002/sdr.418/abstract…

    • 918 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Taking abused children away from where they are being abused is a necessary step in protecting children. Many people oppose taking away children at the first site of child abuse though because this is not always the best thing for the child. Many of these children get bounced around from foster family to foster family and are never given a real sense of home once they are taken away from their actual…

    • 567 Words
    • 3 Pages
    Good Essays
  • Good Essays

    According to Gosselin (2014), defendants charged with aggravated assault for domestic violence court outcomes were the same as or more severe than the court outcomes for non-domestic violence cases. As well, domestic violence offenders received more convictions and longer sentences than non-domestic violence defendants. Based on a study involving aggravated assault cases, perpetrators of domestic assaults are less likely to be granted release from jail while the criminal case is pending known as a pretrial release than those defendants of non-domestic cases and the courts are more likely to issue protective orders for aggravated domestic assaults (Gosselin, 2014). The courts often issue a protective order against those defendants charged with aggravated domestic assault if the judge grants a pretrial release.…

    • 235 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Domestic Violence is the most widespread form of violence in the United States and is the major cause of injury to women. In the United States a woman is beaten every nine seconds (Kosof, 1995). According to the first major study of battered women, conducted in 1976, women experienced physical assault in nearly one third of all American families (Kosof, 1995). Every year, an estimated three to four million women in the United States were beaten in their homes by a husband, ex-husband, or male lover (Kosof, 1995). Twenty percent of hospital emergency room…

    • 2458 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    Bottom line, if a criminal is in prison, they are unable to commit domestic violence on their significant other. So, to ask if arrest should be mandatory? I believe absolutely. However, there are going to be times when individuals mutually get into fights that become physical that are including both partners. I would insist that both parties are arrested for domestic violence. If a woman hits her husband and he returns with a physical response, then they both need to be arrested and have them sit in jail for a long time. That would either teach them not to hit each other, or not be married to that individual anymore, because they are toxic.…

    • 288 Words
    • 2 Pages
    Satisfactory Essays