Mandatory Arrests.edited

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1 Mandatory Arrests for Domestic Violence Student’s Name Institutional Affiliation Course Date

2 Mandatory Arrests for Domestic Violence Introduction Any state or city statute or law enforcement policy that permits a law enforcer to arrest while intervening in a domestic wrangles incident, whether there is a rational reason to show that violence has happened, irrespective of the victim's wishes, is called to as a "mandatory arrest." (Bridgett, 2020). Once police are counseled but not anticipated to detain a domestic abuse suspect, these rules are known as desired arrest or pro-arrest policies. Mandatory arrest legislation first occurred in the 1980s, after the Minneapolis Family Abuse Study, a groundbreaking study on domestic violence (1). Whenever the police detained the suspect when attending a domestic dispute, the incidence of recurrent domestic violence was far smaller than when no arrest was made. At the time, the Minneapolis report was widely referenced in government publications and major media stories. The report's results backed up female feminists' claims that police forces worldwide were failing to treat domestic abuse issues as seriously as other offenses (Bridgett, 2020). This paper discusses whether a mandatory arrest should be or not be encouraged. Reasons for mandatory arrest laws The mandatory arrest should be there because, while unforeseen, the present impact of those laws is to grant the legal authorities the first duty—and power—to suppress ongoing domestic abuse. Survivors can learn from this approach in several ways. First, domestic abuse's illegalization strengthens domestic violence survivors' situation as victims of criminality instead of the suspect partners in a tumultuous partnership (Bridgett, 2020). The legal designation victim was often thought to boost victims' interest in claiming their constitutional rights and serve as a means for survivors to seek social services.

3 Moreover, it is often suggested that there would be less strain on already tormented suspects by putting the whole blame of apprehension on the authorities (Bridgett, 2020). When the police react violently by arresting an attacker, the victim will feel reassured because the object of the fear has been eliminated, as has the blame for punitive acts taken against the perpetrator. Nevertheless, the victims' demands for justice or deterrence are met by such a program (Bridgett, 2020). The fundamental reasoning behind revenge is that survivors of interpersonal abuse deserve the same social response as strange crime victims under comparable circumstances. Including the fact that several scholars question its validity, institutionalizing vengeance and eliminating the need for vigilante justice is a well-known target of law enforcement intervention. Moreover, several victims want batterers prosecuted so that the courts can force them to be treated. Their ideal result is to keep the relationship together without resorting to abuse. Reasons against mandatory arrest laws However, a mandatory arrest should not be implemented because both involuntary arrest measures have the primary purpose of preventing more abuse and protecting victims. On the other hand, its execution can disempower victims and act against their interests (Xie & Lynch, 2017). The aims of helping and encouraging domestic abuse victims are not always as straightforward as they are in other situations. Domestic abuse victims can vary from many other victims, even within serious offenses, if only because of their knowledge of and interaction with the perpetrator. Likewise, the victim's objectives are diverse. Any victims will wish to preserve a shattered friendship in which abusive behavior has become the norm, while others might already have cut ties with the perpetrator.

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4 Nevertheless, Mandatory arrest territories cannot integrate the complexities of the survivor's wants and desires into their regulations and laws. Most of them argue that this matter is insignificant since the correctional system's purpose is to remedy the criminal's actions instead of the victim's needs and wants (Xie & Lynch, 2017). The fact that after victims effectually escape an unmannerly marriage, the abuser often seeks a new victim rationalizes this concern. If the correctional system's identification of the suspect, prospective victims and officers will be ignorant of the danger this individual faces. Furthermore, it's been proposed that, while survivors may have priorities, they may never be able to determine what would be in their collective interest, and these choices should be made by experts (Xie & Lynch, 2017). The costs of arrest can exceed the advantages for many minority groups. Domestic abuse rates are higher between ethnicity and racial minorities and the low working class, so that that arrest rates would rise, especially in these groups. Personal reflection Having evaluated the positive and negative effects of mandatory arrest, I support that the policy should be implemented. Such is because any criminal policy's purpose is to deter illegal vices from occurring. This mandatory arrest serves that purpose. The states own the victims and the perpetrators; they are state property. Whenever domestic abuse or violence occurs, the perpetrator is always against the state, but the victim, the latter, is only a state witness. The victims should not be left to decide the fate of their former loved one in the case of domestic violence. Conclusion The mandatory arrest came as a rescue to the highly victimized and easily persuaded groups like women. If some of them will be left to decide the incidences' fate, they can only

5 leave it and continue with everyday life. Most of the victims can prefer to save their families than prosecuting their spouses. Due to that, this law should be abandoned at any given time.

6 References Bridgett, A. (2020). Mandatory-Arrest Laws and Domestic Violence: How Mandatory-Arrest Laws Hurt Survivors of Domestic Violence Rather Than Help Them. Health Matrix , 30 , 437. Xie, M., & Lynch, J. P. (2017). The effects of arrest, reporting to the police, and victim services on intimate partner violence. Journal of research in crime and delinquency , 54 (3), 338- 378.

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