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Sanctuary policies of the United States
Sanctuary policies of the United States
Part 1: The mandatory arrest policies and preferential arrest policies.
On Jun 27, 2005, the United States Supreme Court announced to blow hat mandatory arrest Statutes. Police require a law to arrest batterers based on the belief that abuse has occurred regardless of any preference from the victim or officer discretion. Supreme Court came into action due to the case of Gonzales. In 199 the lad got an order to restrain domestic violence shielding her three daughters and herself from the abusive of Simon Gonzales her ex-husband. Gonzales killed his three daughters despite his wife repeatedly notifying the Castle Rock police department about the husband’s violation of the permanent restraining order. Supreme court took notice of the issue and find out that its enforcement of the restraining order was not mandatory. Thus, the Court dismissed her complains (Zelcer, 2014).
However, the Supreme Court of the United States questioned the nature of the validity of the mandatory arrest nationwide. As a result of this decision legal scholars and advocacy organizations have criticized the backward step for domestic violence victims. The mandatory arrest law lack strong language and the state legislative action focuses on an amending the mandatory arrest laws by including stronger language which will help to give clear directions to the law enforcement process. The decision of the Castle rock aims to attack domestic violence rather than to protect the statutes of mandatory arrest (Zelcer, 2014).
Controversies about the mandatory arrest policies:
The mandatory arrest laws are not an ideal Weapons to fight against domestic violence because such laws give the crucial societal message that the intimate violence of partner is unacceptable. The symbolic significance seems powerful but the practical implications of the law are negligible. Mandatory arrest law is actually disempowering women because the law has failed to consider the preference of victim with regards to arrest. Many women do not want their husband to be arrested but these laws force them to prosecutor their husbands and as a result, a woman is subjected to the paternalistic presumption that victim knows less than the States. The laws reject the various pattern of abuse as the women have no role in the decision-making regarding arrest thus this mandatory is a provide temporary solution to the issue of domestic violence. The mandatory arrest la has also increased the potential to arrest woman more as police arrest both the victim and the batterer. The law has also been problematic to the women with children, as often the child custody law disfavor women (Zelcer, 2014).
The proponents of mandatory arrest stress the message it sends to the victim, batterer and to general society regarding domestic violence. Mandatory assessment is not the successful, mean of handling this sentiment. However, a preferential arrest policy guarantees a promising compromise. The mandatory arrest statutes need to be replaced with preferential arrest statues. The preferential arrest law says that the state should arrest in certain circumstances and restrict the discretion of the police. Preferential laws arrest laws aim is to find out more than one response to domestic violence. It benefits victim by giving importance to their preferences and includes her point of view on the decision regarding the arrest. It also provides a chance for the police to listen to the suspect seriously (Zelcer, 2014).
I am going to take the approach that should reduce the harm created by this social issue of domestic violence by involving the offender, location triangle and the victim in the process. I am going to educate the members about the issues that are increasing in their locality so that they can understand their role in minimizing the issue of domestic violence and contribute in the policy makings (Rockridgencpc.com, n.d).
Types of data that will be needed in the collection of evidence:
The reaction of the offenders of domestic violence depends on the age distribution in the city, crime rate, ethnic composition, and climate. The data that re needed for the purpose of research should reveal the extreme circumstance in that specific area that set it apart from the rest of the United States. Data should be gathering about the specific ethnic group that is more involved in domestic violence. Data should also be highlighting the long-term effect on repeated violence in the area (Zelcer, 2014).
Factors the committee should consider if the statuary status of the city is maintained:
If the city maintained its statuary nature, then it will increase the exposure to more arrest and encounter with deported agents. The city facilities should be banned on the citizens and city agencies would be prohibited to investigate the citizenship details of a person. The citizen would not come in contact with criteria for employment that would be based on their immigration status. A photo identity is issued to them that must be mentioning their country of origin and the access of sub-agencies to the personal information of the immigrants should be denied (Lasch et al., 2018).
If CCUSA is no longer be a sanctuary city, then it will not encounter law enforcement agencies too often, and the federal laws will be applied on it as do rest of the cities. If the city remains as a sanctuary then the victim could not be involved in the investigation process and the state will take in charge. The arrest made would not be based on proper evidence. If the city shifted from a sanctuary nature, then victim advocacy organization will work effectively within the city.
I would recommend the committee to finish its sanctuary nature and make policies to attract more federal funds. The committee needs to shift their mandatory arrest policies into preferential arrest policies to minimize domestic violence. They should also be invited in research to find the main cause of criminal violence in the locality.
Pa (2019). Rockridgencpc.com. Retrieved 6 August 2019, from https://www.rockridgencpc.com/documents/fliers/POPandSARA.pdfrt
Lasch, C. N., Chan, R. L., Eagly, I. V., Haynes, D. F., Lai, A., McCormick, E. M., & Stumpf, J. P. (2018). Understanding Sanctuary Cities. BCL Rev., 59, 1703.
Zelcer, A. M. (2014). Battling domestic violence: Replacing mandatory arrest laws with a trifecta of preferential arrest, officer education, and batterer treatment programs. Am. Crim. L. Rev., 51, 541.
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