| ThurgreedMarshall |
12-08-2009 07:51 PM |
Re: One more post about ABBA...
Quote:
Originally Posted by Atticus Grinch
(Post 409862)
That poster was me. I defer to your greater experience with regard to the criminal consequences of DV, but I remain convinced that mandatory arrest laws impose too high a cost to the autonomy of women measured against the obvious benefit of penalizing shitbag abusers. You deal with the criminal justice aspect; my line of work intersects with all of the other social services that the family relies upon while Dad sits in jail and thinks about what he has done. The idea that a victim does not have sole say in the consequences of a crime is a wonderful development -- in fact, it make be a useful hallmark of a civilized society -- but depriving police officers of discretion in making arrests is (in my view) nearly always a statement of frustration by well-intentioned legislators that the facts in this world are not as we would like them to be, so we will proceed bull-headedly to behave as though they are as we believe.
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This is all very heady, but isn't the law the way it is because once the offender knew the cops were coming, he would just threaten the woman (in most cases) to say nothing was going on with the understanding that if (i) if she didn't act like nothing was wrong or (ii) if he went to jail, there would be absolute hell to pay? Doesn't this remove (to some extent) that consequence since people in this position understand that the cops are taking them in no matter what either person says (even over the sometimes false protests of the victim)? If that's the case, it would seem that a night in jail would be more of a cooling off period than an opportunity for the rage in the offender to grow to murderous proportions.
And wasn't it also drawn up the way it is now because police had proven time and time again that they were incapable of using their discretion in these situations, often just siding with the guy and telling the couple to handle the problem on their own at great risk to the woman?
I don't think the law was drafted simply as a statement of frustration. And, once again, you give the police way too much credit.
TM
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