‘’Navigating Mandatory Arrest Policies in the US: Origins, Differences, and Unintended Outcomes" (Essay Sample)

‘’Navigating Mandatory Arrest Policies in the US: Origins, Differences, and Unintended Outcomes" Student Name Institutional Affiliation Course Number: Course Title Instructor Due Date "Navigating Mandatory Arrest Policies in the US: Origins, Differences, and Unintended Outcomes" Regardless of the preferences of the victim, mandatory arrest laws exist in the United States that require police to make domestic violence suspects subject to arrest based on established probable cause. Due to historical shortcomings in addressing domestic abuse, these policies were put into place in response. They were encouraged by the feminist movement's activism and backed by empirical data. On the other hand, discretionary arrest policies provide law enforcement agents complete discretion in evaluating whether an arrest is necessary, in contrast to pro-arrest policies, which support arrests based on probable cause but allow for some discretion. However, despite the fact that mandatory arrest laws have shown promise in lowering recidivism rates, they have unintended consequences such victim arrests and a propensity to discourage reporting, emphasizing the necessity for a nuanced approach to domestic violence. Adoption of Policies for Mandatory Arrest: In the 1980s and 1990s, mandatory arrest laws became more common in the United States, particularly in situations involving domestic violence. Many elements influenced their adoption, including: Supporting victims' rights: The women's rights movement and support for domestic abuse victims played a key role. Activists said that victims were frequently dissuaded from coming forward with allegations of abuse out of concern for reprisals or a lack of confidence in the criminal justice system's response. (Feigenblatt, (2020). Mandatory arrest laws were thought to safeguard victims by ensuring that abusers faced justice. Critique of Prior Practices: Before mandatory arrest laws were implemented, police enforcement frequently used a discretionary approach in cases of domestic violence. This implied that officers had the choice to make an arrest or not depending on a variety of considerations, such as their assessment of the seriousness of the incident, the victim's willingness to assist, and occasionally personal biases. This discretion, according to critics, can result in inconsistent and inefficient answers. Discretionary vs. Pro-Arrest vs. Mandatory Arrest: It's critical to make a distinction between these three methods in order to comprehend the idea more fully: Mandatory Arrest and Pro-Arrest: Under mandatory arrest, police must arrest suspects when certain conditions are met, regardless of the victim's desires or the situation. (A., & Lockwood, S. (2019). For instance, even if the victim does not want the abuser jailed, the police must make an arrest if there is proof of physical violence during a domestic dispute. In pro-arrest, Policies that support making arrests more frequently do not require it in all circumstances that law enforcement makes an arrest. Regardless of the victim's requests, officers are encouraged to initiate an arrest if they have cause to think that a crime has been committed. Pro-arrest regulations do, however, nonetheless give considerable latitude. Discretionary Arrest: In a discretionary arrest, the decision to make an arrest is made by the officer based on their assessment of the circumstances, the seriousness of the offence, the victim's cooperation, and other elements. Although this strategy is the most adaptable, it could provide unpredictable results. Unintended Effects of Policies That Require Arrests: Despite the noble intentions behind their implementation, obligatory arrest rules have caused problems and had unanticipated effects: Victim Reluctance to Report: Some domestic abuse victims can be reluctant to call the police if they believe that doing so will automatically result in an arrest. This might discourage victims from reporting abuse and from getting help, especially if they worry about what will happen to the abuser, who might be a spouse or a family member. False allegations: Mandatory arrest laws may be misused to commit crimes, which co...