CRIMINAL JUSTICE 220 - WEEK 8 - DISCUSSION 8

Virtuous and Vicious Acts in Law Enforcement
Read the article titled “When Not to Arrest an Abuser in a Domestic Violence Case,” located at http://time.com/12682/when-not-to-arrest-an-abuser-in-a-domestic-violence-case/. Next, explain the two (2) factors that you believe would be the most critical for police to consider before making an arrest in a domestic violence situation.

The two factors that I believe would be most critical in making an arrest in a domestic violence situation is as follows:

First Factor

Suspect has a record of violence, series of arrests depicting criminal activity and incarceration, psychological profile if available.

Second Factor

Victim has been severely injured, threat of life death scenario, suspect is raving, enraged and showing high emotional disturbance and threat to victim, on intoxicants.

After weighing of circumstances does this scenario meet the good consequence test or not? Would the action be a prevalence toward doing duty or would a stage of negligence be done if the situation merits corrective action needed and it is not?

If the scenario reflects that a good consequence can be established by arresting the suspect then it should be done. Next, per the action done the duty of arrest has been fulfilled in order to not be negligent and provide corrective action. As per correction, the situation has been gauged as dangerous and has revealed that domestic assault has been done and not domestic violence which allows a fifty-fifty call of arrest or not.

Domestic violence would have to be judged as slight physical contact, e.g., a slap, a shaking, a shove, not life threatening.

Domestic assault would have to be judged as intense physical contact, e.g., debilitating injuries, broken ribs, severe bruising and lacerations, throttling or strangling, beating with anything classified as a concealed weapon, possible life threatening and anything of nature that is intense enough to cause fear of life and should be circumvented, charged based on report and condition of victim.

In order to facilitate a decrease in violence or assault corrective actions of the laws and their intercession need to be done. Justice should never be viewed as ineffective or soft-handed when dealing with criminal levels of misdeeds. Further, impartiality is to be leveled and immersed when dealing justice with accountability and temperance when processing an offender.

Furthermore, arranging a meeting with Victim-Offender Reconciliation Program to provide restorative justice to offset or defuse a dangerous situation if it appears domestic violence was done to alleviate and separate and cool a volatile situation. Otherwise, a situation that reflects domestic assault should be gauged with the suspect arrested with a PPO issued to try to provide protection for the victim. Relocation may be necessary.

The article suggests that the criminal justice system may not be the best place to deal with domestic violence misdemeanors. Indicate whether you believe these domestic violence situations should be handled by the criminal justice system or by some other social service organization.

Provide at least one (1) example to support your opinion.

Criminal Justice primary goal or criteria is to protect the populace. The populace includes women (females) who are primarily the victims of domestic violence or domestic assault. Because a female is severely disadvantaged physically to participate in hand-to-hand combat or any type of physical altercation she is the victim that needs assistance. Further as such a record of this transgression should be kept on file whether considered a stigma to the offender or not. Also, the level of violence should be moved from misdemeanor to felony.

In cases of severe physical assault a social organization is not capable of assisting, defusing or culminating a scenario of this magnitude. For example as follows:

The police receive a call from neighbors that an act of ensuing violence is occurring. All witness a male (indiscriminate color or race) beating a female (indiscriminate color or race) with a long wooden stick and she is laying motionless while he is continuously striking her. The police arrive – she is unconscious and breathing shallow – along with the police the ambulance arrived also to provide assistance. Due to her lifeless state, the suspect and attacker is arrested. Questioning reveals he is her boyfriend.

What do you think should happen to him? Is this domestic violence or domestic assault?

As per my interpretation the category of Domestic Violence need to be expanded and broken down into separate categories I listed above in order to gauge a situation correctly that might save a woman’s life. Further, as such in my opinion he should be charged with assault, possible attempted murder, processed and given some time in prison.

Thank you.

Felicia

Response to Co-student

I disagree V. with the arresting of both...in my opinion the aggressor (initiator) should be arrested only if it has been ongoing then maybe co-arrest can be done to try to cool the situation.

I agree with your points on the class for both...it may facilitate protection when knowledge is learned how to defuse a situation.

Thank you.

Felicia

Response to Co-student

I agree with your points but reserve the right to state that violations of law should always be ran through the Criminal Justice System.

Further, I feel that extremely violent domestic scenarios should be judged as assault and pursued as that.

Thank you.

Felicia

Response to Professor

RE: Here is a video on when No means No. Is this effective? http://www.youtube.com/watch?v=pZwvrxVavnQ

The problem with the "she consented" is that it is her word against his. Unfortunately, due to a woman being treated in a discriminated fashion "no" seems to have no effect.

If the person is unconscious or conscious "no" should be automatically assumed due to good social norms and manners.

Thank you.

Felicia