INTRODUCTION
Domestic violence in the United States is on the increase and cases of deaths are high due to that. The question on whether to have mandatory arrest of domestic violence suspects is a topic that requires a keen analysis due to the gravity of the issue at hand. Mandatory arrest referrers to a law that requires compulsory arrest by police officers while responding to domestic violence cases. Mandatory arrests are considered important in preventing future crimes by the persons involved. As a result, the law is seen as necessary for implementation for the cases of domestic violence. In most cases, domestic violence in the US results to familicide where a member of the family can end up being killed (Herschel 34).
The paper will be looking at the arguments for and against mandatory arrest laws for domestic violence incidents in the US.
ANALYSIS
Importance of mandatory arrest laws
Domestic violence among the US population brings about many negative effects to the people. The problem affects members of the family directly causing trauma which results to slow development rate. As a result, domestic violence is seen as dangerous for both families and the people around them. Some of the importance of the mandatory arrest laws for domestic violence incidents in the US includes the following;
Helps avoid repeated violence
When persons who cause domestic violence are arrested, there will be less repeated incidents of domestic violence. Arrested persons can be tried and taken to correction facilities where they will serve jail sentences for their wrong doing. As a result, the people will have fear of getting involved in domestic violence being aware of the consequences. Additionally, the probability of serious cases such as death occurring due to the fights will be reduced. The case is most likely to work among individuals who are married and employed. Most domestic violence cases have a history that can be traced back to many years. The cases keep repeating yet the people find themselves continuing living together. Such repeated cases can lead to serious conditions such as mental illnesses or permanent fractures (Herschel 90).
Reduces cases of retaliation
Domestic violence that occurs between partners, perhaps a husband and a wife might have hold for a long time. However, when there are no arrests done for the abusers, the party abused might look for a way to retaliate to the offense committed against them. A person might look at having war to pay for the injuries inflicted and the retaliation campaign might be dangerous since it might involve weapons. It is, therefore, important for the existence of the mandatory arrest laws for domestic violence incidents. Retaliation is a dangerous way of solving a problem. Nevertheless, people who have suffered in the hands of an abusive relationship will stop at nothing to retaliate the incidents. The case is mostly applicable to individuals who are jobless and with no families and see that they have nothing to lose. The presence of a law to ensure that there are arrests of domestic violence perpetrators will reduce cases of retaliation (Eitle 140).
Ensures that justice is served to victims
Victims of domestic violence might be small children who are innocent. Such incidents cause the risk of a person losing a life that is important for their development in the long run. When a child is abused, the trauma will live with that child for ever thus there is a high possibility of the trauma affecting the child during growth and development. The same case applies to academic development of the child where there will be little growth when it comes to academics. As a result, such a child requires guidance and counselling to ensure that growth is normal and conditions are developed that are good for development. Such innocent victims require justice even if the abuser is the parent. Justice served to such victims will serve as a lesson for other abusers of children thus avoiding multiple repeated cases (Garcia-Moreno, Claudia, et al 45).
Creates awareness to the victims that there is a law protecting them
The availability mandatory arrest law on domestic violence incidents will help creates awareness to the people to speak out on cases of abuse. Many people often suffer from domestic violence and avoid speaking up to the authorities on the basis of fear of no action taken to help them. As a result, there are multiple abuses and cases of domestic violence keep repeating from time to time. The result of such incidents is a high rate of domestic violence and deaths. However, the presence of a law to protect the domestic violence victims is important in enhancing peaceful coexistence among the people (Cole & Smith 134). The law looking for compulsory arrest of domestic violence perpetrators will show the people that there is a law that is made to protect the weak and the marginalized in relationships and families. The law will thus help reduce the cases of domestic violence and increase the ability of people to speak out against cases of domestic violence among themselves in the society (Herschel 111).
Argument against mandatory arrest laws for domestic violence incidents
Human beings are sensitive creatures whose response to certain situations can be altered by even the slightest action given that it can be destructive to them. It is therefore arguable true to say that mandatory arrest laws are subject to controversy. Mandatory arrest laws were reinforced to curb any potential threats from violent persons. It states that, as long as the victim calls the police on the subject of abuse, the perpetrator is liable for arrest with immediate effect. We cannot deny that this policy worked with immediate effect since it inflicted fear amongst those who were violent and enabled people to coexist with even the most violent people. However, this law has not been a solution to end domestic violence. According to the case studies, the number of domestic violence escalated in states that had mandatory arrest laws than those which didn’t have. It simply means that mandatory arrest laws were only for short term goals and had no capacity to handle complex cases and transformation of crime (Claudia et al., 1260-1269). Thus, mandatory arrest laws are not effective and don’t deserve to be given a special priority in the constitution. It should be noted that police force uses approximately three types of force. For instance according to the case study given, non-deadly force and less lethal weapons have been used quite a lot in making mandatory arrests. More so, 2 percent of the people who had been arrested by such police officers used force and some even threatened the police. Community has faced problems related to policing such as cases of corruption and selective arrests which have been reported over the last 5 years. Moreover, the police force has used violent and brutal methods to make such arrests hence instilling fear amongst the community.
Fear aroused due to the realization of how the mandatory arrest laws worked against the people. It is certain that when one calls for help, police will eventually come and arrest the abuser regardless of how sensitive the matter is. Mandatory arrest laws are ineffective especially with cases of intimate partners. People tend to shy away from this law because of the psychological and emotional ties between the partners. Currently, financial tie is a key excuse for not calling the police in the event of violence. What this law lacks is the ability to protect the victims and not to further victimize them. Police arrest the bread winners of families over some misunderstanding that resulted into violence without considering that thereafter the family will need to be catered for (Cole & Smith 153). It is not a matter of race and culture but cost-benefit analysis situation. Compulsory arrests might lead into marriage break ups, misunderstanding and complete lack of trust. Women are the main sufferers because while they intend to save their marriages and sources of income, they end up suffering. Thus, violence cannot be ended by using mandatory arrest laws if such loopholes cannot be tied up.
Conclusion
Though in most cases we tend to assume the implications of mandatory arrest law policies to children, women and men, we cannot deny being conscious of its tremendous effects. Mandatory arrest law is a false hope that the justice system can protect victims of violence. However, the truth is that most of these cases are minor and the offenders are not incarcerated. Such arrests put families and especially women at greater risks.
Works Cited;
Herschel, David. "Domestic Violence Cases: What Research Shows About Arrest and Dual Arrest Rates." National Institute of Justice. Access OJP'S Recovery Act Information, 25 July 2008. Web. 3 Apr. 2016.
Eitle, David. "The Influence of Mandatory Arrest Policies, Police Organizational Characteristics, and Situational Variables on the Probability of Arrest in Domestic Violence Cases." Crime & Delinquency (2005): 572-97. Sage Publications. Web. 5 Apr. 2016.
Garcia-Moreno, Claudia, et al. "Prevalence of intimate partner violence: findings from the WHO multi-country study on women's health and domestic violence." The Lancet 368.9543 (2006): 1260-1269.
Cole, George F, and Christopher E. Smith. Criminal Justice in America. Belmont, CA: Thomson/Wadsworth, 2008. Print.
