FB CJ 230 Project Three Template (1)

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Apr 29, 2024

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CJ 230 Project Three Template Domestic Violence Presentation Complete this template by replacing the bracketed text with the relevant information. Discretionary Decision Laws and Discretion Agency’s Culture Amount of Discretion Internal and External Discretion Situation 1 The choice to detain the spouse on domestic violence charges should be left to discretion. Arresting the spouse is one potential consequence of this decision that might further strain the family. The police handling the case has probable cause to arrest the husband regardless of the wife's desire to pursue charges, since there are visible injuries on her. While the Rhode Island Act does not leave much room for interpretation, it places heavy focus on very severe cases, such as those involving restraining orders, attackers intending to do physical harm, or any kind of previous confrontations. In this case, the husband might still face arrest under Rhode Island law, regardless of whether the woman chooses not to pursue charges due to her physical damage. One facet of the officers' agency culture that might impact a choice in this situation is empathy. Even if the law permits the police to make an arrest due to the wife's obvious injuries, the officer may choose not to do so out of sympathy for the marriage. In this case, the officer has very little leeway to act as they see fit. When the wife answered the door, for instance, the officer saw that she was visibly injured. After speaking with the husband and wife, the officer has the option to either issue a warning or make an arrest for domestic violence if he or she determines that the husband's and wife's accounts are consistent and that they have reconciled. Using what they've discovered about the husband's behavior at home, the officer is using their internal judgment in determining whether to make an arrest. By defending the victim and making an arrest with probable cause, the police officer is using their discretion in accordance with the Rhode Island laws. Situation 2 The choice between letting the woman calm down somewhere else or making an arrest for domestic violence should be left to Legislation may restrict police discretion by mandating that they gather more evidence before making an arrest. The officers' The village where the couple grew up is so tiny and close-knit that everyone knows one other. It may be more difficult to make an arrest in this case since The problem might either become worse or get better after the police depart if they use their judgment and decide not to arrest the wife. It may The officers' ability to assess the situation and make decisions based on their own knowledge constitutes internal

Discretionary Decision Laws and Discretion Agency’s Culture Amount of Discretion Internal and External Discretion discretion. The choice might lead to further financial hardship for the family in the event of the wife's arrest due to the high expense of bail and court costs. Another option may be letting the woman go for a walk to calm down, reflect on her behavior, and be warned about the consequences of another argument with her husband. discretion is severely constrained in this case due to the lack of tangible proof on the spouse. There was also no evidence of domestic violence in the couple's past. On top of that, the husband has no interest in criminally prosecuting his wife. the couple's escalating argument would be known to everyone in the tiny town. be quite difficult for the authorities on site to make this judgment due to the tiny, tightly- knit community. discretion. If the police decide not to make an arrest but instead to let the couple go for a stroll and relax for the night, it would be an example of external discretion. References State of Rhode Island General Assembly. (n.d.) Title 12 Criminal Procedure, Chapter 12–29 Domestic

Violence Prevention Act, Section 12- 29-3. http://webserver.rilin.state.ri.us/ Statutes/TITLE12/12-29/12-29-3.HTM References State of Rhode Island General Assembly. (n.d.) Title 12 Criminal Procedure, Chapter 12–29 Domestic Violence Prevention Act, Section 12- 29-3. http://webserver.rilin.state.ri.us/ Statutes/TITLE12/12-29/12-29-3.HTM

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