In this article, it discusses mandatory arrest and its relationship to domestic violence. There are three types of arrest when it comes to domestic cases; mandatory arrest, preferred arrest, and discretionary arrest, and each state has a different approach to handling domestic violence, these are the three forms of arrest that a state has used. The issue at hand is how affective is mandatory arrest, and to be honest, I don’t believe there’s enough data to come to the conclusion that “these results show that mandatory and preferred arrest laws are having the desired effect of producing higher arrest rates in these states compared to states with discretionary arrest laws”, to only have used 19 states in this research, I believe when doing a …show more content…
You’re not evening using data from at least half, but you believe it is working. Now it is quite possible that it is working, but in order to know for sure, you’re going to need to collect the results from more than 19 states. Personally I agree with the idea of mandatory arrest simply because in a domestic case, I believe it’s important to separate the people involved and then ask questions. By doing this you’re preventing the issue at hand from escalating. Even though I may agree with it, I don’t believe there is enough evidence to support it. I appreciate the fact that they acknowledged that there isn’t enough evidence to place a policy …show more content…
This is similar to mandatory, but it’s a step down. In this case the arrest is the preferred option, but it doesn’t necessarily mean that you have to make an arrest, the state just prefers it. Using the same scenario with Officer Lemons and Officer Mydell, in Officer Mydell case the state mostly likely would have preferred him to arrest the wife, but he wouldn’t necessarily have to, he would still be in the clear of not doing anything wrong. I believe that in most cases the officer would make the arrest, but in this example it shows how he still doesn’t have to. Last of all, you have mandatory arrest, which as it says, an arrest is mandatory if there is probable cause that an offense has been committed. Referring back to our scenario, Officer Mydell walked in and saw the wife beating her husband, if the state had mandatory arrest, he would have no choice, but to arrest the wife. This is why I’m for mandatory arrest because it defusing the situation, right there and by arresting the wife, the husband knows he is safe and can now work on staying away from those types of
Every law enforcement officer within the state of New Jersey is expected to observe state laws regarding use of force policy and procedures. Law enforcement officers have a responsibility to maintain law. During the execution of this duty, there may be occasions where use of force is a necessary means in order to successfully gain compliance and ensure safety. It is essential that force is only applied to the necessary degree and that all other alternatives are exhausted before an officer exercises his or her authority to use force. The New Jersey policy on use of force makes a clear distinction between use of force and use of deadly force (“Use of Force,” 2000).
(Purdon’s, 166). Also in 1989 in addition to what sections officers could arrest for they also had to “observe recent physical injury or other corroborative evidence and the victim is a spouse of the suspect or a person with whom the suspect resides or has formally resided with.” (Zimmerman, 30).
Although intimate partner violence has declined over the past 25 years in the United States (Dugan & Apel, 2003; Dugan, Rosenfeld, & Nagin, 2003), it is still a great social concern. In terms of homicide, a recent study reports that more than half of victims of intimate partner violence are killed with a firearm (Smith, Fowler, & Niolon, 2014). A variety of handgun restriction laws has been implemented to control intimate partner homicides with a handgun. Several studies have evaluated the effectiveness of the restriction laws, and revealed that the laws have a great deterrent impact on decreasing intimate pater homicides (Dugan, et al., 2003; Sorenson, 2006). Despite the overall decline, however, women and African-Americans remain at a higher risk. Some argue that the variation of the decline in intimate partner homicides is inconsistent across gender and race. For example, homicides against male victims and African-American victims have declined at a larger rate, whereas homicides against female victims and White victims have declined at a smaller rate (Dugan, et al., 2003; Wells & DeLeon-Granados, 2004). The current proposal suggests an impact evaluation of handgun restriction laws for intimate partner homicide in relation to gender and race. This will address the following four hypotheses.
No theories are presented; instead, the authors elect to analyze secondary data from previous studies, surveys, experiments, and other social science literature. Although some of the research cited was conducted by one (or both) authors previously, most of the data comes from Gallup Polls, federal statistics, and literature or experiments published by other criminologists in journals or books.
In most if not all the cases the victim of the excessive force is charged with resisting arrest and or assaulting a police officer, When in fact they are the ones who have been assaulted and victimized themselves. They are now fighting two uphill battles that are very difficult to win in any situation. A lot of the time the victim is from a poor or low income area and may have already been perceived to be a criminal by the police. The police have a great deal of power and they sometimes manipulate situation to make it look like or to hide what may have happen in an arrest situation. My father would tell me stories about the police and the things some officer would do to get away with abusing their power. The police need to be monitored and public needs to be more educated about what Law enforcements job is and how to best help them do it.
In the United States, domestic violence calls are one of the most common issues that police officers and other law enforcement personnel deal with. However, this approach places all involved in a reactionary mode rather than a preventive or proactive mode when dealing with domestic abuse. In order to both reduce the number of domestic violence occurrences and the resulting need for police intervention as well as protecting the abused; stronger prevention and early intervention programs should be implemented. Prevention programs aimed at our youth as well as correct identification of abusers to determine the appropriate intervention programs would help reduce domestic violence incidences. Although there are some existing laws and regulations for offenders, more could be done to enhance, monitor and establish better laws. If domestic violence incidents can be significantly reduced, then law enforcement resources can be freed up to focus on other critical social issues such as human trafficking and drug enforcement, which would also reduce the financial and emotional costs those issues have associated to them.
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
Chapter six discusses arrests and use of force. It explains what an arrest’s, warrants, and force. The chapter talks about the circumstances needed to do an arrest without warrant. What procedures the officer must follow after an arrest is made. Finally, deadly force and nondeadly force are defined and when they are useable....
Zeoli, A. M., A. Norris, and H. Brenner. "A Summary and Analysis of Warrantless Arrest Statutes for Domestic Violence in the United States." Journal of Interpersonal Violence 26.14 (2011): 2811-833. Print.
The important thing to do is to understand the circumstances when excessive force can be used and times where the use of force has to be abstained. Police officers follow strict guidelines on how to handle encounters from escalating into something much more serious. The use of excessive force, in this case police brutality, brings liabilities that cannot be taken lightly with the department and the community. Usually, the high crime rates tend to revolve around low-income minority areas and officers tend to assume that minorities living in the areas are guilty. Police brutality that does exist is most likely a result of emotional exhaustion.
There are a few elements that need to be introduced before an arrest is taken place. These few elements are Seizures and detention, Intention to arrest, Arrest Authority and lastly understanding for the individual that they are being arrested. To discuss these elements it first starts with seizure and detention. Seizure and detention have a two-lane road which is actual, meaning that a person is taken into custody without using the use of force but very few touching is sometimes involved or by firearm, the other way is constructive which means when an individual's corporates with the officer peacefully. It is known that if neither of these exists the arrest isn't valid (Del Carmen). Another element of arrest is the intention to arrest. The intention to arrest clear means that the law enforcement officer has the intention to arrest individuals by words of mouth or with action taking place. Without the intentions to arrest on the scene it would also be considered invalid (Wadia Whalen). Also with the intention to arrest once words and action are taken place, the officer has to take the person down to the police station or before a judicial officer. The intention to arrest is quite hard to prove because it's whatsit in the officer mind. The other element listed above that is
Police behavior is different across all communities. In fact, how police react to combat crime is affected by the management style of the various police administrators. Also, local politics will have a strong influence on how police react to crime. When police respond to a call, they will make a determination of the “cost and benefits” of their reaction. How they decide to intervene is based on the net gain to the neighborhood, suspect and the officer himself (Wilson, 1969). There have been several efforts to understand how police use discretion in their day-today operations. One of the difficulties in understanding police discretion, is when an officer makes a determination not to invoke the law, that decision is often not seen by anyone who would oversight over that officers decision, therefore that decision is usually not subject to review from any authority (Wilson, 1969). Police records are usually to incomplete to allow evaluation of non-enforcement decisions (Goldstein, 1960) Full enforcement of the law is not possible due to various reasons, a limitation of officer time, and a limitation of investigative devices. In some instances the police may choose not to enforce the law in order to allow a confidential informant to gather information on another suspect. This is an exchange relationship where both parties have the opportunity to gain so...
Domestic violence happens to millions of homes every year. Consequently, the public “saying no” to domestic violence, victims, now less self-conscious to have been victimized, are able to talk about their wrongs, and can summon the help to prosecute their perpetrators, both in criminal and civil stadia.
As all officers know, domestic violence is a serious problem throughout the United States. Unfortunately, it is also a crime that some officers perpetrate in their own homes. When officers - who are sworn to protect and serve in their communities - abuse their power and control at home, they violate the law. When this occurs, the victim, the family, the agency, and the entire community suffer. Officers are trained to maintain control, to use weapons, and to justify their use of force on the job. Officers also need to understand, however, that the core behaviors that make them effective on the job must not be used against family members and intimate partners (University of Florida).
Domestic violence is skyrocketing in our society. In the U.S., as many as 1.5 million women and 850,000 men were physically assaulted by their intimate partner last year, and numerous children abused by their parents. These sad criminal acts will continue to grow in our society, unless our community takes action to stop these crimes. First of all, the most important tool we have available against this type of crime are the authorities, which include the police department, hospital, and social workers. If they manage to work together as a team to make the whole process of protecting a victim more efficient, it will encourage victims to actually phone for help.