CJ 230 Project Three Template (1)

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Southern New Hampshire University *

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230

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Finance

Date

Jun 4, 2024

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docx

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Uploaded by BrigadierHawk17472

CJ 230 Project Three Template Domestic Violence Presentation Complete this template by replacing the bracketed text with the relevant information. Discretionary Decision Laws and Discretion Agency’s Culture Amount of Discretion Internal and External Discretion Situation 1 [ The discretionary decision is determining whether or not to arrest the husband , based on the Rhode Island statue. Because if there is a probable cause, this in which probable cause was given when the wife was seen with a fresh black eye.] [When it comes to the law it could limit the way of how the officer can handle the situation and consider the relationship between victim and defendant. But at the discretion of the officer the officer they can make an arrest, it was clearly shown to the officer as a domestic violence case as it resulted in the wife getting a black eye. Following the Rhode Island statue effect, it is in police jurisdiction to make an arrest of the husband because of probable cause ( 12criminal procedure .)] [A law enforcement agency culture could influence discretionary decisions in domestic violence situations. Things that can influence discretionary decision-making would-be things such as empathy, support, caring, sacrifice, teamwork, and safety (McCartney, S., & Parent, R. 2015.) Having these types of influences, would help law enforcement officer to better handle cases in a more professional manner. [The amount of discretion that the officer has in this situation can be limited, though the officer could tell that the husband was remorseful and was going through a hard time both financially and personally. But with probable cause the officer has given them the right to make an arrest, due to the state’s statue. This greatly impacts their decision making to make a call, in order to protect others and enforce the laws.] [The decisions that are being made internally determine whether or not to arrest the husband for the violence that was committed on the wife. The external discretion would actually arrest the husband for domestic violence, that is according to the states law on domestic violence. When it comes to the difference between the two, internal focuses more on one’s bias and morals. Where external discretion/factor focuses on departmental policies and their personal ethics. ] Situation 2 [The discretionary [According to the [Given that the [ When it comes to a [The discretionary

Discretionary Decision Laws and Discretion Agency’s Culture Amount of Discretion Internal and External Discretion decision that is taking place is trying to determine if there is probable case in determining if domestic violence had occurred, and if there was a cause to make an arrest. Because based on evidence there was no physical damage to the husband or wife to make an arrest. The possible outcome is to arrest the wife for putting hands on the husband. Rhode Island Statue, that an arrest and take into custody if there has been of the following occurrences “ (i) A felonious assault; (ii) An assault that has resulted in bodily injury to the victim, whether or not the injury is observable by the responding officer; (iii) Physical action that was intended to cause another person reasonably to fear imminent serious bodily injury or death. "Bodily injury" means physical pain, illness, or an impairment of physical condition; or (iv) Violation of a protective order and the violator has previous knowledge of the order and the terms of it; (v) Violation of a no-contact order issued pursuant to § 12-29-4. Given this situation it was harder to decide whether not assault had taken place. So, coming to into a case like this discretion is relied upon.] incident had occurred in a small rural town, the expectations would be best for officers to use discretion when they are doing their duties. And determining whether or not it is appropriate to make an arrest, or even give a citation.] situation like this the officer is given little discretion. Since there has been no physical damage or a probable cause that domestic violence had occurred, there is not enough discretion to be used. But when it comes to impact of their decision-making process, it is just trying to determine what will the outcome be, whether that is giving them warning, or even a citation for the domestic disturbance.] decisions that was made internally was knowing the male personally and knows about the male losing his job. External discretion was based on the Rhode Island Statue, that it was claimed as not being a physical assault. The difference between the two was internal was letting the couple get time to cool off from being away from each other. And the external was to give the couple a citation/warning for the disturbance they had caused.

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