Domestic Violence
Throughout history, domestic violence has been one of the most common types of crime. Society's attitude toward situations involving intentionally violent and controlling behavior against intimate partners is that it is not a social problem. Rather, society believes domestic violence is a private matter and the effort to resolve such violence is a matter within the family. As a result, domestic violence is also one of the most common types of crime that is underreported because it is rarely brought to the attention of the public. Our culture reinforces the idea that domestic violence is acceptable, and that "battered women have been viewed as persons who have brought their victimization upon themselves, and persons who are 'appropriately' disciplined by the males in relation to them" (Hutchings, 1988). "Virtually all pre- and post-literate Western and Eastern civilizations have relegated women to second class citizenship. In the Judeo-Christian philosophies, women were chattels and considered the legal property of men. Men believed it was their right to discipline their 'property' as they saw fit. Furthermore, the English, developed the phrase, 'rule of thumb,' as a part of their Common Law, wherein a man could beat
Thus, a crime control response may have backfired for those who attempted to make the system respond to victims" (pp. However, it is reasonable to question whether the views expressed by Sherman and Berk are based upon the belief that police discretion to use traditional methods of resolving domestic violence are actually ineffective, or whether the failure of the police to effect an arrest is in direct response to the victim's needs. There is also a general conception among the police that the arrest and prosecution of the offender is not always in the best interest of the victim. Despite (or perhaps because of) the high level of domestic violence in the United States in the past, not much was done about it. Rarely will the police consider or effect a custodial arrest as an alternative response to domestic violence. If mediation does not resolve the dispute, officers can refer the couple to a social service agency for counseling. More importantly, many officers believe that there is extreme danger when responding to domestic violence calls. The pro-arrest policy relieves many officers who agonize over whether or not to exercise discretion when one family member wants them to remove another family member, but will certainly feel guilty for having been the one responsible for sending their "loved one" to jail. The primary reason why police see far more domestic violence in the poor rather than the middle or upper classes is that the poor tend to excessively call the police. "The elimination of victim control may also have unexpected side effects. Pollock (2004) noted "mandatory arrest policies were supposed to protect victims of domestic violence by forcing the police to take action by arresting the perpetrator. "Police work cannot be reduced to an analysis of informal processes alone, for it is the law itself that shapes police action and extends or limits the exercise of their discretion" (Edwards, 1989). Secondly, the officer can exercise discretion without arresting the batterer, by providing intervention through mediation, in an effort to assist the couple to recognize their problems and to arrive at an agreeable solution. "Police officers have the power to deprive people of their liberty, to arrest them, take them into custody, and use force to control them. Despite her emotional involvement and trauma, the victim is usually in a better position than police officers to determine the likely impact of their spouse's arrest.
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Acceptance Essays
