Running head: MANDATORY ARRESTS 1
MANDATORY ARRESTS 8
Mandatory Arrests for Domestic Violence Do More Harm than Good
Colby Heywood
University of Massachusetts - Lowell
Mandatory Arrests for Domestic Violence Do More Harm than Good
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.
Statistical Evidence
The problem of domestic violence poses a danger to all the members the family unit. In addition, women and men are both ?equally likely to initiate and engage in partner aggression? (Stop Abusive and Violent Environments
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
Life is filled with many difficulties which affect us all in one way or another. However, we do not all face the same difficulties. If we are to survive we need to first understand what these difficulties or problems are, in order to learn how to deal with them. One such problem is, is domestic violence. It is necessary to determine whether the problem is personal one or due to society (social problems), so that the individuals involved can learn how to deal with their situation.
Findings have demonstrated that the policies appear to work at first; however, later on they started to do more harm than good. In the book “Family Violence” by Liza N. Burby, she stated, “but mandatory arrest is not a long-term solution to domestic violence. It is a quick way to calm an explosive situation and to get the abused out of harm’s way” (Burby 54). This shows that mandatory arrests are not the solution for domestic violence because it has only worked when there was an “explosive situation”, but for the long run; it has made more harm than helping the people suffering from domestic violence. This findings showed that when the pro-arrest or mandatory arrest policies have worked when they first were made, but now they no longer work as expected and instead they are hurting more and more as time goes on. In the article “Mandatory Arrest Laws Do Not Reduce Domestic Violence” by John Klofas, he claims that “arrest can reduce violence in the short term but it can increase it in the long run. According to the research, arrest resulted in a doubling of the rate of violence within a year” (Klofas). This also supports the idea that mandatory arrests policies worked at first, but later they stopped working. Policies like pro-arrest were not made for the long-term use. Besides that they not only work, they have also increased the amount of violence in families who are affected by domestic violence. The harm that produces these policies has alarmingly increased, the amount of violence has doubled in only one year. There must be an alternate solution to this problem because if there is no action, people are going to be affected. In the article “Mandatory Arrest and Restraining Orders Are Ineffective” by Richard L. Davis, he stated that, “arrest reduces domestic violence in the short run but escalates
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
The first issue is domestic violence. The largest category of calls police receives each year is due to domestic violence, and one-fifth of all hospital emergency room cases are the result of domestic violence. Nevertheless, the most pressing charges a domestic violence offender receives are a mere five days in county prison. If we want to make men, women, and children feel safer in their own homes, we have to enforce a more severe punishment for domestic violence offenders. Therefore, I propose a minimum
The research data released from the Minneapolis Domestic Violence Experiment revealed that arresting the perpetrator in domestic violence incidents caused a decline in recidivism rates and deterred future events (Pate and Hamilton 1992). Policy makers largely ignored sociological research until feminists, lobbyists, and the threat of litigation pressured state legislatures to contemplate the results released from the Minneapolis experiment (Phillips and Sobol 2010). Enactment of mandatory arrest laws soon followed, however many believed that the passage of such laws was a mistake due to the inability to replicate the results in other jurisdictions. Mandatory arrest laws effectively removed officer discretion when responding to domestic violence
Domestic Violence is a very common issue happening in the United States. Most of the time, when we mention about the victims who suffers from domestic violence, people naturally pay more attention to the female because they seem to be more vulnerable in the incident. In fact, both male and female have the chances of experiencing violence from their intimidate partners within a relationship, such as people in homosexual relationships. In the article “Domestic Violence is as American as Apple Pie”, it argues that domestic violence is more common than what people think. The statistics data shows that both genders experience domestic violence, even though women experience it more often compare to men. The information from the Centers for Disease Control and
Domestic violence is a sensitive topic that must be regarded with caution. Many victims suffer from violence, but are afraid to speak up and voice their personal experiences. Victims of domestic abuse are frequently women, but men can also be victims. If mandatory arrest laws exist, there is a higher likelihood that the victim will contact law enforcement officials. If such policy is emplaced, it “requires a police officer to make an arrest when responding to a domestic violence call if there is probable cause to believe any violence has occurred” (Top Ten Series, 2011). In other words, this simply means that regardless of what the victim wants to do, the officer will arrest the aggressor, even if the aggressor has previously been the victim.
Therefore, a new foundation should empower, educate, and create new easily accessible resources for every woman, as well as assist her with essential needs and protect her human rights. In the hypothesis of “Women’s health and the effects of coercive and physical abuse of domestic violence” (Milana, 2016), Milana postulates that the outcome effects of domestic violence should address the need for increasing funding for resources that are not readily available. Therefore, it is necessary to create new programs and establish a necessary broader assistance for domestic violence victims/survivors. Moreover, the current services that are in place are not readily available to all women who have/are experiencing forms of abuse including coercive control abuse. Therefore, new foundations of legal framework are essential to assist and protect a woman’s freedom from all aspects and types of abuse, as well as an inclusion of coercive abuse to prevent harmful effects of domestic violence. In fact, to safeguard a woman’s right is to broaden her “space for action” (Westmarland & Kelly 1101) within her personal environments, in turn, may positively affect her physically, mentally, and
In Schneider’s article “Domestic Violence Law Reform in the Twenty-First Century: Looking Back and Looking Forward,” she talked about how domestic violence laws have come over the past few decades, and how they need to improve in the future. Domestic violence laws really started coming about in the 1960s and 1970s. Since then “we have seen the formation of national advocacy organizations such as the Family Violence Prevention Fund, state coalitions, and local organizations that provide services and develop policies on domestic violence” (Schneider). While there has been some improvements in these laws, there is still improvement to be made. Today we still see errors made by lawyers, judges, and other people involved in these crimes due to a
Today, the police are much better at responding to domestic violence calls; however, there are still dispatchers and police who do not treat domestic violence calls as priorities or a priority crime. Research has shown that just a few decades ago domestic violence cases were screened out by either police dispatchers or the officers themselves for the reason that they believed that there were more important crimes to attend to. Another reason they did not treat these calls as a priority is because the perception that the victims would not follow through with the prosecution (Buerger, 2003; Dutton, 1995; Buzawa & Buzawa, 1996a). The idea of the victims not following through is still very prevalent today. By the police handling domestic violence in such a manner, implies that domestic violence should be treated less seriously than any other crime.
“One in four women will experience domestic violence at some point in their life.” Look around, count off groups of girls and women in groups of four, one of those girls are statistically more likely to experience a verbal threat, a hand, or even the possibility of a man killing her, and there is not enough punishment for this violence to end. Throughout the years domestic violence has become more and more relevant and apparent in society. The problems these abusers create for women, family, and children has to end.
Even today, domestic violence cases continue to result in lower conviction and incarceration rates than comparable assaults (Peterson 2003). It is questionable, however, to what extent activists wish to make this the focus of criminal justice reform, for there is as yet no conclusive evidence that harsher sanctions reduce recidivism. Contradicting classic deterrence theories, the defendant’s demographic profile has proved to be a better indicator of future compliance than the length or severity of the punishment imposed on the instant case. Research does not support the hope that prosecution outcomes on domestic violence misdemeanour cases might influence future recidivism (Davis et al, 1998).
Domestic violence is a sensitive topic even though media and society are providing more information about this topic. Domestic violence not only affects women but children and family in general. This issue is a very sensitive topic and not a lot of individuals are comfortable talking about it or sharing if they have either experience or have someone in their lives that had been subjected to abuse. Sadly, domestic violence is experienced by many people and it does not matter what race, gender, social status, or education people are from. Domestic violence is the term most known among individual, but other refer to this issue as violence against women because predominately women are the victims of abuse. Throughout the essay, there will be
The student believes that a trend of domestic violence is something that has progressed into situations that have led to death. Women involved in violent relationships need to seek help and to reach out for other victims affected by domestic violence. If society would bond together as a community to report such crimes in neighborhood to law enforcement violent crimes toward women could decline. In addition law enforcement and the courts need to adhere to less plea bargaining in such cases and give punishments to the full