Kristopher Turner CJ 230 Module 6-2
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Kristopher Turner
CJ-230 Module 6-2
SNHU
Professor Molinari
The Domestic Violence Protection Act of Rhode Island offers a thorough explanation of the
various aspects that constitute domestic violence. It is critical to note that the decision to
effectuate an arrest is not depending upon the victim's discretion, which emphasizes the need of
impartiality in such circumstances. It is important to remember that the decision to effectuate an
arrest is not dependent upon the discretion of the victim. In addition, the Act defines the
responsibilities of law enforcement officials in terms of providing assistance to the victim. These
responsibilities include making it easier for the victim to receive medical care and explaining the
steps involved in obtaining a restraining order. You can find this important information in Title
12, notably in the Criminal Procedure Chapter 29, which is about the Domestic Violence
Prevention Act of 1988. When dealing with a case of domestic abuse, it is absolutely necessary
to put the victim's health and safety at the forefront of your mind, as required by the legislation in
question. This involves protecting their safety, particularly in situations in which the attending
officer has reasonable reasons to suspect the commission of an offense, such as the violation of a
pre-existing domestic violence protection order or the commission of a felonious assault.
Examples of such offenses include the violation of a pre-existing domestic violence protection
order or the commission of a felonious assault. The officer in question has the authority to
effectuate an arrest within a time frame of twenty-four hours after the commission of the offense,
irrespective of the nature of the interpersonal connection between the involved parties, and
without necessitating the consent of the aggrieved party, or upon the explicit entreaty of said
party. This authority is granted to the officer in question regardless of the nature of the
interpersonal connection between the involved parties. The officer's potential culpability for the
arrest in question depends on whether or not there was lawful enforcement conducted in good
faith or whether or not there was probable cause as the primary foundation for the arrest. In the
event that the officer is unable to make an arrest, it is their responsibility to properly inform the
victim of their right to file a criminal complaint and then seek a warrant for arrest, provided that
they have sufficient grounds to substantiate such a course of action. If the officer is unable to
make an arrest, the victim has the right to file a criminal complaint and then seek a warrant for
arrest. This particular statutory clause can be found in Title 12 of the Criminal Procedure, more
especially in Chapter 29, which discusses the Domestic Violence Prevention Act of 1988.
This particular piece of legislation was enacted with the intention of ensuring that the behavior of
law enforcement professionals in the context of a domestic abuse scenario is clearly demarcated.
The aforementioned piece of law, which is also known as the Title 12 Criminal Procedure
Chapter 29 Domestic Violence Prevention Act of 1988, provides for a somewhat constrained
range of options for exercising discretionary judgment. To be more specific, the act grants the
officers who answer to calls for service a limited degree of discretion in deciding whether or not
a blatant violation has been committed. In the event that the officer who responds to the call
does, in fact, identify a clear violation, the act requires that the officer proceed with an arrest.
Furthermore, it is clear from the information that the law enforcement officer is required to make
an arrest of the person who is seen to be the instigator in the conflict when there are two people
who are both accountable for the incident. This is because the officer is obligated to apprehend
the person who is perceived to be the person who started the argument. In accordance with the
provisions of the Domestic Violence Protection Act applicable to the state of Rhode Island,
police have the exclusive discretion to take any of the following actions. Our conversation is
centered on the Domestic Violence Prevention Act of 1988, which may be found in Title 12 of
the Criminal Procedure Chapter 29. This act is located in the United States Code. It is necessary
that any analysis of this matter be treated with the utmost expediency, regardless of the eventual
outcome. This is because the nature of the variables that can possibly impact the response of law
enforcement officers to an occurrence of domestic violence is multifarious, and given this, it is
imperative that any analysis of this matter be approached with the utmost expediency. According
to the findings of historical research, it wasn't until the 1970s that society started giving the
problem of domestic abuse the attention and relevance it deserved. In the past, there was a
widespread belief that a man has the power to assert dominance over his spouse and should do so
whenever possible. As a consequence of this, and due to the fact that the majority of law
enforcement officers are male, it became more easier for them to prioritize the male perspective
in their responses, rather than the perspective of the victim or the female party involved in the
circumstances that were being discussed. The occurrence of domestic violence offers a
considerable obstacle for law enforcement officials, as they are put in the position of dealing
with a wide variety of unknown factors, each of which has the potential to have a substantial
bearing on the gravity of the circumstance. These factors include whether or not the offender
possessed any weapons, such as a firearm or a knife, at the time of the crime, as well as the
severity of the injuries sustained by the victim as a result of the assault. Additionally, officers are
required to take into account the chance that the suspect is displaying indicators of mental illness,
which further complicates the dynamics of the encounter (Pollock, 2018). In addition, it is
possible that the potential victim will demonstrate a tendency to refrain from the act of filing
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accusations or, in some cases, even declare a denial of any occurrence of unfavorable events
befalling them. Both of these behaviors are conceivable scenarios. It is important to note, despite
this, that the language used in the Domestic Violence Protection Act of Rhode Island effectively
eliminates the need to obtain the victim's consent, provided that the party in question can
substantiate the existence of probable cause pertaining to the occurrence of the domestic violence
incident. This is important to keep in mind because it effectively eliminates the need to obtain the
victim's consent. Although it is still a distinct potential that the victim will decide against
formally filing a complaint, the police have the authority to temporarily remove the aggressor
from the immediate circumstances. This is the case despite the fact that the victim may choose
not to proceed with the formal filing of a complaint. This temporary removal serves the objective
of providing the victim a suitable length during which they are free from the presence and
influence of the attacker, allowing them to consider and make an informed decision. The
Domestic Violence Prevention Act of 1988 includes a chapter titled "Title 12 Criminal Procedure
Chapter 29," which provides the legal foundation for this practice.
References
Karen J. Kruger J.D.; Nicholas G. Valltos M.A. (n.d.).
Dealing with domestic violence in law
enforcement relationships
. Dealing with Domestic Violence in Law Enforcement
Relationships | Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-
library/abstracts/dealing-domestic-violence-law-enforcement-relationships
Pollock, J. M. (2018). Ethical Dilemmas and Decisions in Criminal Justice (10th ed.). Cengage
Learning US. https://mbsdirect.vitalsource.com/books/9781337670876
The state of Rhode Island general laws. (n.d.). http://webserver.rilin.state.ri.us/Statutes/