Domestic Violence the Case Revolves

¶ … Domestic Violence

The case revolves around the question of how to effectively monitor, prosecute, and punish domestic violence legally, while still engaging in effective social policy to reduce the incidence of domestic violence cases. Additionally, denying domestic violence is often part of the pathology of abused women. This can result in abused women withdrawing complaints against husbands and boyfriends, or failing to report incidents of domestic violence at all. The system is less likely to take domestic violence seriously, given this frequently-observed psychological aspect of female denial.

The problem with the single night in jail policy is that the man may simply go back to his partner and continue to abuse her, without any real efforts to follow-up on the situation, to counsel the couple in more effective conflict resolution strategies, or to address the underlying problems of the marriage.

Q3: A combined deterrence and compliance approach is essential, even though it may be necessary to stress different components of the policy within different spheres of the system of enforcement. Without appropriate deterrent policy, such as counseling women how to leave abusive situations or teaching males how to engage in different ways of approaching conflict, women may fear leaving their marriages and fail to report domestic violence crimes. Males will repeat the same behaviors with their next partner, even if their current partner leaves them. However, the police are the first line of defense to prevent physical violence from becoming deadly.

Q4: The proposed law could pose constitutional problems as the mandatory 'night in jail' essentially sentences an individual to mandatory incarceration, without a trial of his or her peers.

Q5: The victim may be unable to report the arrest, given that both she and her abuser are equally familiar with the home setting, and it may be impossible for her to make the call for help. She may be fearful or unwilling to do so, because of the loss of her economic security, for fear of not having anywhere to go, or fear for her children's safety. The police may not take the report seriously and respond in a timely fashion, since some people still see domestic violence as a 'lover's quarrel' or marital spat that is not a legitimate subject for law enforcement's concern. The police officers may not have the tools to conduct an effective forensic search for evidence if they are not trained in domestic violence case handling. The woman may refuse to give evidence, or press charges, given her conflicted feelings about the situation. And if that occurs, the police may not respond as vigilantly to domestic violence charges at the home in the future, or in general.

Q6: The criteria I would emphasize involves prevention rather than punishment alone. Of course, abusers should be punished according to the dictates of the law. However, prevention involves a multi-pronged strategy that stretches beyond the legal system: raising the sensitivity of the police regarding the tendency of women to resist reporting the crime, expanding access to women's shelters and job training for women seeking to flee domestic violence situations, better enforcement of restraining orders, and awareness-raising and counseling for males who engage in the behavior while they are incarcerated are all essential to reduce the rates of the crime.

Q7: At minimum, all domestic violence complaints should be reported. Even if no charges are brought forth, if a case becomes serious, a pattern of abuse can be established later on, should the incidents continue to occur.