Term Paper on "Domestic Violence Policies Evolved in Local Police"

Term Paper 10 pages (2645 words) Sources: 2 Style: APA

[EXCERPT] . . . .

domestic violence policies evolved in local police departments across the United States. What is the trend in policing today? Discuss the research findings on the impact of mandatory arrest for misdemeanor domestic violence.

In the past twenty or more years domestic violence policies have evolved significantly on both a local and federal level as taking domestic violence seriously has become a hot button topic in law enforcement and other social sciences. Challenges to the historical lack of action on the part of law enforcement toward incidences of domestic abuse have led to an invigoration of standards, especially with regard to the protection of women in marriage and/or domestic partnerships. The trend has so evolved that law enforcement in many places has developed essential connections with non-profit groups that assist victims through shelters and links to aide programs that allow them to start over with employment training, day care and allow access to monetary and food assistant programs that attempt to bridge the gap so they can move away from dependence upon the aggressor and still others organizations, usually court remanded that aide aggressors through anger management training and demand separation in many cases, often through domestic violence orders which legally protect victims by attempting to ensure that the aggressor and the victim not have contact in a physical or psychological sense, often times for as much as a year. (Bohmer, Brandt, Bronson & Hartnett, 2002, p.71)

The laws and policies themselves have also moved toward mandatory arrest on misdemeanor charges where domestic violence is discovered, as the system noted frequent escalation in violence, sometimes ending in the murder of their spouse that could have been avoided had more serious consequences been rendered for previous violent offences. The realization through many historical cases of domestic violence has been an overwhelming sense that domestic violence often escalates and the pressures of the situation, often financial and emotional dependence often render the victim(s) unable to follow through with criminal charges and/or leave the offender. Through mandatory arrest the decisions are taken away from the victim, in the sense that the state or local agency then becomes the plaintiff in a legal sense and the aggressor is prosecuted without the need for the victim to file charges, a traditional legal situation in issues of assault and battery that often ended in the victim failing to act and dropping charges once the most immediate threat was diffused and often under coercion from the abuser through psychological remorse and/or demands and fears of prosecution. The research that helped change the legal policies is steeped in the belief that early arrests were deterrents to future acts of aggression. With this research in hand the state or county can then arrest the primary aggressor and prosecute if need be without the cooperation of the victim. In so doing the thought is that the aggressor will be less likely to offend in this manner against the original victim and others in the future. (Bohmer, Brandt, Bronson & Hartnett, 2002, p.71)

One of the justifications for the reforms discussed above is that they help to change the framing of domestic violence from private family behavior to public criminal behavior (Corsilles, 1994; Robbins, 1999). The history of domestic violence law has been well-documented (Dobash and Dobash, 1992; Schechter, 1982) and it is now widely known that wife beating used to be legal as long as one used a stick no wider than a man's thumb. All along, our legal system has been very reluctant to intervene in what has been considered private family behavior. (Bohmer, Brandt, Bronson & Hartnett, 2002)

The resulting legal situations demonstrate a mixed reaction from those involved, in that some argue that it takes away rights of the victim to drop charges where they see fit, implying that they do not have the maturity and knowledge to make adult decisions, and yet deterrence is the goal. The unintended consequences of the mandatory arrest and no drop policies are of coarse in question, as some incidences of increased arrest of non-primary aggressors has taken place as well as unfounded accusations becoming fruitful in a legal sense, though in general the possibility for the deterrence of future violence has allowed many, in the public and law enforcement as well as in support systems to support such changes. (Bohmer, Brandt, Bronson & Hartnett, 2002, p 74)

Bohmer, C., Brandt, J., Bronson, D., & Hartnett, H. (2002). Domestic Violence Law Reforms: Reactions from the Trenches. Journal of Sociology & Social Welfare, 29(3), 71-78.

Discuss the recent trends in terrorism in the United States, and the impact they've had on American Policing. Are law enforcement officials becoming so focused on terrorism that they've shifted their policing approach away from community policing?

Terrorism has recently become a central focus of traditionally community focused law enforcement agencies as the trends of terrorism have become domestically focused on U.S. territory and U.S. interests abroad. On a domestic level, proof of the ability of both domestic and international terrorists to easily infiltrate and affect acts of terror upon the United States was proven by the Oklahoma City bombing and the attacks on 9/11 as well as by other smaller incidences, such as border crossings by suspected terrorists, later resulting in the uncovering of terrorist plots. The results has been a refocus of law enforcement on issues that surround terrorism, in many ways as an added aspect to an already overburdened task of the protection of the citizens through traditional community policing. (Louden, 2005, p. 757)

In these times of threat and response some important factors about preparing police for role change became apparent. First, there is a need to specify the new reality and determine what is to be done about it. Next, a review of legal and administrative directives would be appropriate. These two items should identify (1) the nature of the problem, (2) the legislated parties responsible for response, (3) the actual parties involved in attempts at resolution, and (4) suggested changes in mandate or practice which would provide an improved conclusion. (Louden, 2005, p 757)

Some would even say that the years it took to build the concepts and policies that surround community policing are in jeopardy as resources are redirected to terrorism prevention and reaction training, especially if the funding for terrorism training and reaction is not allocated to state, county and other local and community law enforcement agencies. Some consider the need to change the community-based policing policies to meet the needs of terrorism prevention, while others see a step away from community policing, for any reason as an error that will likely be costly to reverse. (Louden, 2005, p. 757)

It is evident from the changing climate of threat that change must come to policing as it is unlikely that the funding for an entirely separate police force that is associated solely with terrorism prevention and response. The country must utilize that which is available and these services already exist. The issue is then how to law enforcement agencies acquire the time and resources needed to combat terrorism and aide the federal attempts to protect the nation from future attacks and offenses of such diversity. According to Louden the most important issue is a streamlining of services and a basic understanding of the level of importance of certain issues, with regard to terrorism and crime in general, so that policing agencies will not be split between those who have reallocated all resources toward policing terrorism and those who have pretended as if 9/11 never happened in action.. (Louden, 2005, p. 757)

Louden, R.J. (2005). Policing Post-9/11. Fordham Urban Law Journal, 32(4), 757.

3. Identify the six different theories of police corruption. Explain which theory you believe best explains why police corruption occurs. Discuss steps you as chief of police would take to reduce the potential for corruption in your agency.

4. The Miami-Dade Employee Identification System represents its version of an early warning system. As the materials supplied indicate, officers are identified on the basis of citizen complaints, use of force incidents (using officer reports), commendations they have received, any correctional action already taken, and any change in promotional status. Discuss these criteria. Do you think they are likely to reduce misconduct and improve the quality of police performance? Or do you think they are likely to deter officers from doing important police work? Will police officers avoid taking action because they are afraid of getting a complaint or becoming involved in a use of force incident?

The Miami-Dade police force has implemented a substantially different form of early warning system with regard to the use of unnecessary force by officers as well as other forms of police corruption or simple inappropriate police behavior. The value of the program remains to be seen but will likely, overall prove to reduce negative situations, holding those accountable for misconduct and borderline misconduct accountable for their actions in a proactive manner, i.e. In a way that is based on policies, and… READ MORE

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