Analyzing Police Discretion Issues

¶ … police discretion in connection with mandatory arrest and domestic violence. What Constitutes Domestic Violence The term 'domestic violence' refers to an abusive behavioral pattern in a domestic relationship, utilized by a partner for gaining or maintaining control and power over the other intimate partner. It may be emotional, sexual, physical, psychological, or economic threats or actions that one individual in the relationship uses for influencing the other.

Domestic violence covers all behaviors that serve to daunt, scare, force, manipulate, sequester, humiliate, blame, threaten, terrorize, wound, hurt, or injure an intimate partner. Domestic violence incidents may be experienced by any individual irrespective of age, race, age, religion, gender, or sexual orientation. It impacts individuals belonging to all educational categories and socioeconomic backgrounds (Domestic Violence -- OVW -- Department of Justice, n.d). Furthermore, it can occur in same-sex as well as opposite-sex relationships, and may occur with married, dating, or cohabiting couples.

Acts of domestic abuse or violence significantly impact the abused individual as well as other family members, witnesses, colleagues, friends, and the general community. Of all groups impacted by the crime of domestic abuse or violence, kids who are raised in households where they get to witness it are the most impacted. Regular exposure to domestic violence predisposes such kids to several physical and social issues, whilst also, alarmingly, teaching them that acting violent or enduring it is a part of life.

Thus, this increases their possibility of becoming the succeeding generation of abusers and victims. In the year 2010, the NCVS (National Crime Victimization Survey) reported that the estimated domestic violence incidents added up to roughly 509, 230 (Walker and Katz, 2013 page 243). The survey also estimated that around thirteen percent of women in marital relationships have suffered some or other form of it. Police, apparently, usually exercise great measures of discretion in these cases. Alternative police responses include arrest, separation, mediation, social service referral, or absolute inaction.

Implementation of Mandatory Arrest Laws and Policy In spite of an absence of empirical proof of mandatory policies' effectiveness, 24 states have implemented them (Davis, 2008). Also, each of the 50 states has some type of effective mandatory (pro-arrest or preferred) policy on domestic violence. The clearly observed issues generated by positioning a dangerous cart (i.e., mandatory policies) in front of a protective horse (coordinated community reaction) are continually ignored by the designers of public policy and advocates.

An ever-increasing number of research works by feminist scholars record that mandatory policies of the "one-size-fits-all" nature (treating abusers and the abused as one single group), gives rise to a false impression of optimism that the nation's crime justice system can actually protect families (in ways other than through incarceration of abusers). Further, by their precise nature, such mandatory policies overlook families' diverse needs (Davis, 2008).

Mandatory policies have generated a modern dichotomy of criminal justice, which is that a disproportionately large number of minor offenders (and even sometimes victims) are facing arrest, whereas a disproportionately large number of chronically violent criminals are escaping incarceration. These mandatory policies eviscerate varied resources and diverse support needed by some families.

External Factors for these Policies and Laws A few police organizations take part in school programs and awareness campaigns in relation to domestic violence, including schoolroom instruction to adolescents with regard to dating violence as well as how conflict must be handled. Messages encouraging prevention of domestic violence might target specific populations or the general society (Responses to the Problem of Domestic Violence, n.d).

For instance, campaigns might be planned for discouraging potential offenders, encouraging victim reporting, or raising potential abuse witnesses' consciousness (witnesses can be relatives, neighbors, or friends). But prevention strategies' impacts aren't yet known. For example, some programs created for the purpose of reducing dating-related violence in adolescents have been assessed, and mixed results have ensued.

While some suggest increased knowledge among targeted population members and increased familiarity with existing resources for helping survivors, this doesn't essentially result in a decrease in dating violence frequency (Responses to the Problem of Domestic Violence, n.d). Members of collaborative initiatives for curbing domestic violence (including police officers) must urge society to notify the police in the event they witness, come across any victim of, or personally suffer from, domestic violence. Education and prevention endeavors must consider this as their core message.

An analysis of over 2,500 victims of domestic abuse/violence concluded that bringing in the police strongly deters re-victimization, even if no arrest was made, if the abuser had a previous violent history against the abused, and even if the attack was sexual in nature. Need for These Laws and Policies One new sociology research by Kent State University's Meghan Novisky and Akron University's Dr. Robert Peralta examined how domestic abuse victims' views with regard to mandatory policies on abuser arrest, presence of kids, and abuser substance use.