Essay On Mandatory Arrest Policy

States around the country have given police the right to make warrantless arrests on in partner violence and has even limited their ability to use discretion by implementing mandatory arrests. This has made the job of the police much more difficult because they must go about handling situations like domestic violence delicately. It does not make it any easier now that the term “domestic violence” has now grown into an umbrella term including disputes between adults and children, blood relatives, and couples who sometimes are and are not married. Because the job of the police involves so many different factors and the changing social climate, it’s become quite difficult to discern whether or not having mandatory arrest laws are helpful. They

When discussing how exposure to community policing can affect low economic neighborhoods, one must ask what is community policing? Miller, Hess, and Orthmann (2014) stated, it is a philosophy or orientation that emphasizes working proactively with citizens to reduce fear, solve crime-related problems, and prevent crime. Community policing can be a positive change in the community and for the law enforcement personnel that serves the community. An important concept to always remember is that the police are the community, and the community are the police (Miller et al., 2014). To successfully integrate this into police departments, we must examine several factors that have made police departments what they are today, what are ways to implement this new form of policing without resistance from law enforcement and citizens, and how community policing can affect the community and the work of law enforcement in the long run.

The mandatory minimum sentencing is about a fixed ruling of a crime that a judge is expected to deliver. Congress has enacted mandatory minimum sentencing laws. It was to impose the mandatory sentencing an offender would receive for crimes that were committed. The mandatory minimum punishment guidelines would require for judges to hand down judgement for a certain length of time. This would mean that for crimes that are committed there are criminal sentencing guidelines, this would give judges a certain discretion on how to proceed in sentencing an offender. These minimum sentencing apply to many of the crimes committed on society, such as violent, drug-related crimes and for those habitual offenders. In cases where the offender commits a crime and is a repeat offender then it should be left up the presiding judge to serve out justice. People who commit low level crimes should be punished but not to the extent of going to prison for a long period of time. Congress has enacted these guidelines so that the criminal justice system would not be burden with smaller crimes or be overwhelmed. Lengthy sentencing hearings seldom are necessary, the disputes about sentencing elements must be resolved with sensitivity concern and carefulness. A dispute exists about any factor important to the sentencing determination then a judge will use his discretion to hand down equal and fair judgement. Legislator statements during debates on mandatory

The concept of mandatory sentencing is a relatively new idea in the legal field. It was first introduced in 1951 with the Boggs Act, and it made simple marijuana possession a minimum of two to ten years with a $20,000 fine. This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986. Since then, the scope and presence of mandatory sentencing has only grown, especially mandatory sentences for drug related offenses. Recently, there has been a growing concern over the use and implementation of mandatory minimum sentencing, with many believing it reduces a judge’s ability to give out a sentence that they feel accordingly fits the crime. Many advocates for mandatory

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

In this period of mass incarceration and tough on crime era policies, harsh prison and jail conditions are being utilized as a form of deterrent to reduce crime and improve public safety. Accordingly, well over “2.3 million people are in prison or jail, and 700,000 former offenders are returned into society each year and 77 percent were sent back to prison costing taxpayers massive amounts of revenue.” (Mears & Cochran, 2015) As a result of this the United States possesses the “highest incarceration rate in the world” due to this faulty theory. (Mears & Cochran, 2015) For many politicians and the general public, they believe the idea that stringent and austere prison conditions will create a milieu in which an offender will want to reform to avoid these intolerable living environments. This situation is exacerbated by the lack of studies, and politicians not heeding the existing research. According to Listwan et al., limited number of studies that has paid systematic attention to how exposure to the deprivations or pains of imprisonment might foster reoffending. This omission is somewhat perplexing, given that the pains of imprisonment have long been documented and that policymakers have explicitly celebrated the painfulness of prisons as a way of teaching offenders that “crime does not pay.” (Listwan et al., 2013)

Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against

I also think that citizens should not have the power to arrest a suspected criminal as they could get injured in the process and it’s not their duty to arrest a person.

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).

The Minneapolis Domestic Violence Experiment is also known as (MDVE), was an experiment that evaluated the effectiveness of the police when they responded to domestic violence calls in Minneapolis. This experiment was conducted during early 80’s for over a year by Dr. Lawrence W. Sherman who at the time was the Director of Research at the Police Foundation that is a non-profit foundation to assist police department to become extra effective and by the Minneapolis Police Department with all the monetary support from the National Institute of Justice. The results were mix showing a deterrent effect for arrest and impacted the current police practices during the early 80’s. Ten years later, numerous law enforcement agencies implemented policies to enforce mandatory arrest, without any warrant, for domestic violence cases where the police officer had probable cause for an arrest since a crime had occurred.

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 Mandatory Arrest laws came about in 1984, when police failed to protect a woman who was being brutally beaten by her husband. As a result the federal district court in Connecticut and a group of lawmakers decided to implement a new set of rules allowing police the right to intervene in domestic situations and make an arrest on the spot. It sounds like a good idea at first until you look closer at the numbers and the fourth amendment.

According the National Collation Against Domestic Violence (2015), an average of twenty people every minute are physically abused by an intimate partner. This is nearly 10 million abuse cases every year in the United States. Because of statics like these, many states have taken a tough stance against domestic violence by passing laws that require law enforcement officers to take action by making arrests. Tennessee is one such state. In Tennessee, statute requires law enforcement officers to make an arrest when there is probable cause to identify the primary suspect in a domestic assault (CITATION). Failing to do so can make the officer and the agency liable because there has been a special relationship established due to state statues.

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

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