State and federal law may designate mandatory police actions for specific criminal violations, but unintended consequences sometimes occur.

Explain whether mandatory arrest laws in cases of domestic violence are helpful or harmful.

Domestic violence is a serious violent crime that entails aggressive behaviors or reactions from one person to another which results in injury or bodily harm. Mandatory arrest laws demand the arrest of the perpetrator when the outcome of the crime is bodily harm to various degrees and, charged with a violent crime and possibly convicted. State and federal law may designate mandatory police actions for specific criminal violations, but unintended consequences sometimes occur. Thus, the laws require a police officer to arrest a suspected perpetrator at the scene of domestic violence, given probable cause that violence against the victim has recently occurred. As a result, mandatory arrest laws in cases of domestic violence are helpful because they assist in handling domestic crimes that result in physical injuries

One might also argue that mandatory arrest laws in cases of domestic violence are harmful because they have increased arrests. In such cases, an arrest can be made without a warrant if probable cause and exigent circumstances are presented at the time of the arrest. Probable cause is a reasonable belief of the police officer in the guilt of the suspect, based on the facts and information before the arrest. However, the research also indicates that the introduction of mandatory and preferred arrest domestic violence laws has resulted in an increase in arrests for intimate partner violence and other relationships included under such statutes. Therefore, mandatory arrest laws in cases of domestic violence can also be considered harmful because they result in a high number of unfair arrests. The mandatory laws increase arrest and shorten the time involved in putting victims in contact with helping agencies

Moreover, the research also suggests that the increased arrest rate is in part attributable to a disproportionate increase in arrests for women either as a single lawbreaker or dual arrests. Both members of a couple might be arrested in a situation that occurs when the police arrest both parties involved in an incident for offenses committed against each other in domestic violence. However, the findings from these studies are limited by the small sample sizes. There may also be a net widening of domestic violence arrest practices because more recent legislation has considerably expanded the scope of relationships covered under such statutes. While initial domestic violence statutes typically only addressed violence between married couples, definitions have been expanded to encompass a broader range of domestic relationships, such as couples with a child in common. Mandatory arrests are also helpful because they communicate to the entire community that domestic assault is a crime.

1.                  Explain the criminal procedure steps for a domestic violence assault by describing everything that would happen, from reporting the crime to potential final sentencing. 

 

The first step in criminal procedures for domestic violence assaults is reporting to the authorities. Reporting a case of domestic violence is important because it presents a widespread challenge. After all, other individuals may not know what to do if they suspect someone is experiencing abuse. The police in charge is responsible for ensuring that the affected individual is taken to the hospital for medical attention and examination. The results from the tests are presented to the judge who issues a warrant for arrest based on the results from the medical examinations. However, an arrest can be made without a warrant if probable cause and exigent circumstances are presented at the time of the arrest. Probable cause is a reasonable belief of the police officer in the guilt of the suspect, based on the facts and information before the arrest.

The next step in criminal procedures for domestic violence assaults entails investigation and making arrests. Once an individual is accused of committing domestic violence, he or she is usually subjected to a defensive order being placed on the rest of the family members residing in the same household. This is issued by the court and may be modified if necessary. If the court-ordered protection order is violated, new charges are often the outcome. It is important to maintain distance from those protected, and the accused should not have any contact with those in the home unless executed by a lawyer.

After the accused person has been arrested, an arraignment takes place where allegations are issued and the person on trial issues a plea. Pre-trial negotiations are set on the first date that comes to pass where the hired legal representative discusses the case facts. The discussion covers the criminal history of the defendant, injuries sustained, the victim’s history, and other factors related to the domestic violence case. Facts of the case may need to be investigated by the lawyer to determine potential defenses. Witnesses are contacted that understand the relationship between the accused and the victim, are those with personal relationships with the defendant, and persons who witness the alleged crimes are interviewed. Lastly, a guilty or not guilty plea is entered by the judge after consulting with a criminal defense lawyer based on the evidence presented during the court sessions. However, the defendant can decide to change his or her plea from not guilty to guilty at any point in the process 

 

3. Explain whether these criminal procedural steps work appropriately or if they could be improved.

Even though the criminal procedural steps work appropriately, different steps can be improved. An individual accused of committing domestic violence is usually subjected to a defensive order being placed on the rest of the family members residing in the same household. However, the officers may arrest both parties in some cases, dual arrests occur as a result of legislation policies, or both members fail to report the offender which requires officers to identify the primary aggressor. However, the procedures fail to consider the fact that the police officer may lack the training or information needed to identify the primary aggressor when responding to a domestic violence assault. The situation may be compounded by batterers who have become increasingly adept at manipulating the criminal justice system. The situation may also entail efforts to prevent victims from notifying police to further control or retaliate against them.