8-1 Project Three

.docx

School

Southern New Hampshire University *

*We aren’t endorsed by this school

Course

230

Subject

Law

Date

Apr 3, 2024

Type

docx

Pages

Uploaded by Christie2022

Christie Roberts Southern New Hampshire University CJ-230: Discretion in Criminal Justice Joseph Davis March 3, 2024 8-1 Project Three: You are a domestic violence advocate working for the National Coalition Against Domestic Violence (NCADV). You have been asked to create a presentation for a small, local police department agency that will allow them to determine how laws, ordinances, policies, and procedures may affect the decisions made by their officers when responding to domestic violence calls. You will present the police department with two situations and explain how various aspects of the decision-making process, such as discretion and laws, can affect the outcome of each situation. Situation 1: You are a police officer for a large, diverse city in Rhode Island with a population of nearly 180,000. There are over 400 sworn officers and 70 civilian personnel in your department, along with multiple sergeants and lieutenants and one chief. The police department that you work for practices community policing and places a strong emphasis on community involvement and trust. You are responding to a call from a neighbor regarding a disturbance next door. When you knock on the door where the disturbance is alleged, a woman with a fresh bruise on her left eye opens the door. When you inquire about the injury, the woman reports that her husband was recently fired from

his job, and their loud argument over finances “had gotten out of hand.” The woman reports that she and her husband have reconciled, that he is extremely remorseful, and that this type of altercation has never happened in their 10 years of marriage. The woman does not wish to pursue charges against her husband. In your interview with the husband, he is clearly distraught and regretful over the incident. He reports that he was recently fired, has missed several payments on his mortgage, and is coping with the life-threatening illness of one of their children. Discretionary Decision: The discretionary decision in this scenario revolves around whether to pursue legal action against the husband for assaulting his wife. The decision hinges on a variety of factors including the evidence gathered, testimonies from both parties, and the wife’s reluctance to press charges. Arresting the husband could husband could result in detrimental consequences for future, such as employment opportunities being affected and potentially being required to attend domestic violence or anger management programs. Conversely, opting not to arrest him could perpetuate the cycle of abuse, putting the wife at risk of serious injury or even death. Laws and Discretion: The Domestic Protection Act significantly influences discretionary decision-making in cases of domestic violence as officers and enforcers are required to adhere to the outlined guidelines. This Act restricts discretion in certain aspects by prohibiting officers from exhibiting bias towards any party involved in the incident. Furthermore, officers are

mandated not to demonstrate biases when charging individuals regardless of gender. The discretionary application of the Domestic Violence Prevention Act is also influenced by the culture within law enforcement agencies. The reliance on discretion in specific scenarios is evident, particularly when considering factors such as the demeanor of the individuals involved. For example, if a husband appears distraught and cooperative during an incident, this may impact how discretion is exercised by law enforcement officers. Agency Culture: The culture within a law enforcement agency can significantly influence discretion when it comes to applying the Domestic Violence Prevention Act, especially in situations where discretion is heavily relied upon. For instance, if the husband displays signs of distress and remorse, officers may feel inclined to show leniency and issue a warning instead of pursuing formal charges. Additionally, the wife’s reluctance to press charges can further sway the decision-making process. The camaraderie within the police force to empathize with the husband’s stress and emotionally connect with him, potentially impacting their decision-making in the case. Amount of Discretion: In this scenario, discretion is constrained by the guidelines requiring officers to utilize probable cause to determine if a crime has occurred and whether the victim has suffered injury. Given that the wife has a visibly fresh black eye, indicating clear physical assault, the officer is obligated to proceed with the arrest in accordance with the evidence and circumstances at hand.

Internal and External: Internally, the officer’s discretion is influenced by their initial assessment upon arriving at the scene. If the officer considers issuing a warning as appropriate because the victim declines to press charges, it could be perceived as condoning domestic violence. Externally, discretion may lean towards arresting the husband because he physically struck his wife, and similar life stressors are commonly faced by many couples without resorting to violence. It’s important to recognize that physical abuse isn’t the only response to stressors. Both internal and external factors affecting discretion can also be influenced by the culture within the law enforcement agency. This culture shapes the officer’s perceptions of appropriate actions and responses to domestic violence incidents, which can further impact their decision-making. Situation 2: You are a patrol officer for a small town in Rhode Island that is roughly 48 square miles with a population of just under 2,800. It is a rural, close-knit community consisting of family-owned small businesses. Most community members were born and raised in the town. The town employs five full-time patrol officers (you and four others) who work in 10-hour shifts spanning three watches. There is a full-time sergeant, a lieutenant, and a chief who also work each watch. There are nine civilians who cover all administrative and dispatching functions. At approximately 9:30 p.m., you and your partner are dispatched to a 911 call made by a concerned neighbor who would like to remain anonymous. The caller states that the

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help