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Wednesday, February 27, 2019

Policy Development Essay

internal force mulct stern be depict as whatever form of deliberate coercion, bodily disparage, sexual profane, or any other form of violent behavior committed by an intimate collaborator. Domestic military force has plagued all walks of life despite the era, race, religion, or background. Violence against an intimate partner is frequently followed by psychological ridicule and controlling behavior relating to the methodical blueprint of power and control. Domestic fierceness comes in some(prenominal) forms that non invariably seen by the stark naked eye. Domestic rage constitutes forms of physical contumely, psychological smear or level(p) death that can be seen by other family members possibly make a continuous cycle of abuse for generations to come.Facts and StatisticsIt is hard to grasp the whimsy that somewhere in the world every nine seconds a char adult female is existence beaten or assaulted. On average, 85% of dupes of interior(prenominal) violenc e ar women and 1 in every ternion women pull up s puddles lam some form of interior(prenominal) violence in their natural life. sadly overflowing only unrivaled fourth of all dupes who commit been physically assaulted by an intimate partner will rattling root word it to the constabulary, implying that decreed statistics will never justify the full scope of the problem. The average age of a female victim who is at the greatest risk of harm by an intimate partner is between 20 to 24 long magazine ancient. Domestic violence is the primary source of harm to a woman over all other executable harmful circumstances she will encounter.As if internal violence isnt already difficult enough for women to endure in an intimate relationship, if she has a male child who witnesses these assaults he is now two convictions much than likely to abuse his partner or children as an adult passing along the cycle of abuse for our future. Statistics view shown that 30% to 60% of intimat e partners who assault also assault their children. Intimate partner homicides that argon reported to police make upapproximately one third of female homicide victims and 70% to 80% of those victims had a previous assault invoice. A very small amount of victims actually judge medical treatment after an assault tho tho a vastly larger tally of approximately 18.5 million victims seek mental health treatment following an assault. Separation isnt always the ultimate solution to the problem. Over 70% of women who were injured during a national violence assault were assaulted after the separation (Safehorizon,2014).StakeholdersLaw Enforcement a great deal judgment of convictions victimization in courtings of interior(prenominal) violence is conducted behind closed doors causing legality enforcement to become the first line of plea for victims of domestic violence. If the solvent of the police is passing insufficient it has a negative dissemble on the victim making them les s likely to use the malefactor nicety system in the future. There ar typically three types of police responses to domestic violence non-intervention, mediation, and plosive consonant. The initial typical police response to domestic violence was the non-intervention way as police felt that domestic violence was a private pop fall outlet best kept at home. The second approach is mediation which promotes crisis intervention including separating both parties, reconciliation, or sociable services referral. This method was designed to keep domestic violence knocked out(p) of the roughshod nicety system however, it proved to be in potent. Now a more practiced policy to domestic violence is the tally of an wrongdoer as a presumed or mandatory response.Domestic violence compositors cases ar different in the sense that the offender can be interpreted into custody under a warrantless arrest as these types of misdemeanors do non have to occur in the police officers presence. Le gal changes have been made where officers now arrest the primary aggressor instead of the old dual arrest practices contacting the victim more than the offender. It has been shown that an officer is more often than not the victims last resort to amend the problem as they typically chose other routes as to not affect their livelihood. In all domestic violence situations officers shall make an arrest when an execration of violence has been presented, treat these acts of domestic violence as criminal, never brush off tax shelter against domestic violence based upon race, religion, sexual orientation, immediately reportall cases of family violence, and receive training on domestic violence undeniable by honor (Erez,2002).Due to the fact that domestic violence affects a large number of people, it is plausible to say that leaving the maltreater is not as easy as people may think which would last drive off the abuse. Since this is true, law enforcement essentialiness approach do mestic violence as stern as they approach any other significant detestation by providing time, resources and attention. Given that law enforcement is s unfinished a ton of time focusing on domestic violence, it is important for these agencies to establish a domestic violence policy that indicates reports will be completed on distributively domestic violence call no matter of whether or not an arrest was made. The close significant and respected service a law enforcement officer can provide to a victim is an arrest of their abuser (Klein,2009).ProsecutorsProsecutors play a very important role in the prosecution of abusers indoors the criminal justice system in hopes of providing harsh judgments preventing reoffending and better fosterion of victims. If prosecutors fail to summon the bulk of domestic violence cases conducted by law enforcement an internal examination into their practices, policies, and previousities should be conducted providing an explanation as to why few p rosecutions are be processed. They should not allow victims who are unwilling to prosecute their abuser stop them from proceeding on with the case. If a vast number of victims are willing to sign an affidavit of non prosecution, it is certain that prosecutors and law enforcement must come up with a better a way for victims to assert them so more cases are prosecuted. For prosecutors to gain a more flourishing prosecution rate, they must enhance victim cooperation and involvement by concentrating on the victims fears of being abused again or testifying in court without fear of retaliation.In the event that a defendant possesses serious risk to the victim during trial, prosecutors must take all measures to protect the victim to effectively prosecute the case. It has been insisted upon by the judge that prosecutors report to the court any defendants negative actions such as reoffending, threatening or intimidating the victim so that potentially other charges can be added while the o riginal case is still pending. While still being kind-hearted towards the victim, prosecution must base it caseon the law and penalties of the law versus the individual preferences of the victim as they tend to become more lenient during the course of the trial fearing retaliation in the future. Prosecution must also notify the defendant of this process so they dont believe this is based upon the victims requests.Prosecutors must work peck in hand with law enforcement to obtain all the essay associated with the case as well(p) as identify and include all witnesses involved. Domestic violence can be deterred if prosecution sufficiently thin outs on the abuser risk by inflicting harsh sentences such as supervised probation and captivity while revealing the defendants prior criminal and abuse history in hopes to prevent reoffending (Klein,2009). The ideals that lawmakers had on prosecution or adjudication for domestic violence is whence not being enforced.Legal representatives m ay become doubtful close the irregularity of violent behavior, or disbelieve the seriousness of the complainants, can all enforce the law firmly for prosecution purposes, or at the said(prenominal) time be understanding of the physical aggression that could be considered effectual punishment for the victims marital infidelity. Legal representatives are disposed to characterize domestic violence as a civil matter for a ruling in divorce courts versus criminal courts. The prosecution and adjudication phases are substantial for offenders in the long run deciding their guilt or innocence, establishing a criminal record and providing a punishment. These phases are significant for the victim as well as they begin to trust the criminal justice system again (Erez,2002).JudgesJudges can ultimately be the final stride in the adjudication process of domestic violence abusers so their role is extremely crucial in the protection of the victim. Merely handing down a guilt-ridden verdict d oes not guarantee reoffending of the abuser so settle should concentrate more on invasive sentences that include incarceration especially for those who are repeat offenders and those with an extensive criminal history. Even though judges should be open-minded when it comes to the views of the victims regarding punishment, he must enlighten all parties involved that he is compelled to hand out the nigh appropriate sentence pertaining to this case regardless of whether or not the victim agrees. Regardless whether thedefendant turns himself into the court for a domestic violence case, he should be treated as sternly as the offender arrested on scene as it has been shown that the typical offender flees the scene of the incident prior to officers arrival where a warrant is later issued for their arrest.Judges should hand down sentences that reflect the offenders prior criminal history as those are signs of possible reoffending regardless if it reflects prior domestic violence offenses . In the event a defendant offends while pending another court case for domestic violence, judges may take that into account for purposes of bail, civil orders, and sentencing. Affidavits filled out by the victim dont fully describe the abuse suffered by the victim or the fear of future abuse as this document is solely based upon the incident at hand.It is extremely blue-chip for the judge to further investigate this case by asking the victim more questions as well as examining the prior arrest history of the offender to have a better grasp on the social unit picture relating to the abuse. Judges may issue protective orders to the victim but unfortunately this is only a strong piece of paper and it does not prevent abusers from reoffending. Judges should make every effort to house a user friendly courtroom, safe environment for all parties involved, be compassionate to the victims, and yet stern with defendants once some sort of abuse has been brought forward. When judges are able to represent the courtroom in this manner victims concerns are validated and the defendants behavior is shown to be unacceptable (Klein,2009). unrestricted OpinionMost people are in agreement that somebody should step in when an abusive domestic violence situation arises, but they dont agree on what their involvement should be, or the duty of the victim to reduce the violence by removing themselves from the abusive relationship. Even though people have the same opinion about domestic violence being a criminal act, they are not essentially on the same page that police should regularly arrest the offender or use other corrective authority versus using other alternatives.This bare apprehension may be the outcome of peoples dubiety concerning the applications of criminal sanctions. One theory is they believe offenders warrant the penalty of arrest or jail, yet another theory is they are often matter-of-fact about the efficiency of the punishmentactually putting a stop to the aggressi ve actions or the probability the penalty will ultimately protect the victim. A more promising effect is possibly that of rehabilitation and victim or community focused changes. Nonetheless, such changes like offender treatments, education, and victims ultimately leaving the relationship continue to be a rare resolve (Carlson,2002).ReformRecent reform within the prosecution and adjudication process of domestic violence includes the issuance of protective order as well as special legal defenses for battered women who have killed their abuser. At one time civil protection orders were only obtainable through a pending divorce, recently they have been pushed through legislation for battered women who are not currently involved in a divorce proceeding. The main accusative of domestic violence reform has been aimed at the prosecution process as it has been found that too many cases, misdemeanors, were falling out of the criminal justice process during different stages. Through the days , domestic violence has become one of the most talked about policies and is in constant reform as ideals are continuously changing. Historically very little action by the police and prosecutors has been done regarding domestic violence and without a more serious offense, prior record of offender, possible weapon use, injuries, or physical evidence most cases wont see the inside of a courtroom.The most effective way to present a domestic violence case forwards the court is to have the victims cooperation but yet most prosecutors predict that victims will sign an affidavit of non prosecution ultimately dismissing the case altogether typically causing prosecutors to hesitate before filling a case. Prosecution efforts should be based upon the victims safety device not the conviction of the offender. It should also be an approach to getting the word out to the offender that the abuse is unacceptable and will not be tolerated. Prosecutors have recently found a way to prosecute domestic violence offenses even when the complainant does not want to pursue charges. They have employ victim advocacy programs within the prosecutors office in hopes to boost victim retention within the process. other approach is the evidence based prosecution, which is the idea of gathering all significant evidence to reach a case against anoffender without the victim. Many people believe these practices take away from the victims freedoms of determining their course of action (Erez,2002).Another reform is that of the battered woman syndrome which has been employed in hopes of fixing quondam(prenominal) practices of disregarding the difficulty battered women face when she wants to defend herself in court, or the necessity to apply principals of law, or self defense that were not specially appropriate for issues relating to abuse. This tactic has been used as a legal defense for women who battered or killed their abuser after they have suffered many years of abuse and responded by caus ing harm or death to them.Often times these cases are from battered women who harm their abuser without first being irritated due to the psychological state of mind the victim has suffered for many years (Erez,2002). Domestic violence has plagued all walks of life despite the age, race, religion, or background. Without the constant fight by all stakeholders within the criminal justice system for the victims of domestic violence, no real solution to the problem can come of this resolve. Constant and continuous reform is necessary to maintain the safety and security of all victims preserving their trust with the criminal justice system.

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