Arguments Against Mandatory Prosecution

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Mckinlye Gubler Mr. Mildenhall English 1010: 3A 21 October 2014 Literature Review Mandatory prosecution is the legal duty for a police officer to make an arrest if they have reason to believe a domestic abuse has occurred. It is currently in place in 21 states throughout the United States. Strong arguments are made for and against mandatory prosecution. The arguments for mandatory prosecution state that it will create equality in prosecution. Meaning that women cannot be let off simply because they are women. Mandatory prosecution has a nondiscrimination clause meaning that a person may have a case brought against them despite their ethnicity or gender. Mandatory prosecution gives the victim the strength they need to come forward about…show more content…
Mandatory Prosecution creates a problem in court because there is often no evidence to convict the abuser. It is said to have increased homicide rates in abuse cases. Mandatory prosecution increases the chance of a victim having their children taken away even if no harm came to them. Mandatory prosecution takes away any chance of the abuser to make a change. It reduces the ability of choice for both the victim and abuser. It may cause the victim to go into distress because they wouldn’t be prepared for such intense change. Mandatory prosecution doesn’t change violent behavior, it just catches abusers quicker. Annotated Bibliography Coker, Donna. "Mandatory Policies Can Be a Threat to Women." The New York Times Room For Debate. September 10, 2014. Web. Coker is against mandatory prosecution. This source is useful because she is a law professor who is co-editor of Criminal Law Stories. She is qualified to write on the subject due to her major. She explains that steps need to be taken but mandatory prosecution is not the answer. She also believes that mandatory prosecution may work in more in favor of the abuser and less in favor of the victim. She states her standing while maintaining respect for opposing views. Goodmark, Leigh. "Healthy Alternatives to Prosecution Can Help Victims." The New York Times Room For Debate. September…show more content…
She believes that mandatory prosecution takes away any chance of change. She states that some women don’t want to be separated they just want their spouse to receive help. She is a law professor at the University of Maryland, making her a credible source. It is useful in helping me understand that not every case is the same. Iyengar, Radha. “The Protection Battered Spouses Don’t Need.” The New York Times Opinion. August 7, 2007. Web. Iyengar is Against mandatory prosecution. She states that mandatory prosecution has raised the homicide rate in domestic violence cases. She believes that mandatory prosecution puts the victims in a state of fear due to “dual arrests”. She states that every case is different and that while some people may want their spouse arrest, some do not. Radha is a fellow in health policy research at Harvard. She states her opinion while keeping in mind that everyones circumstance is different. Jimenez, Yolanda. "Mandatory Prosecutions Puts the Burden Rightly on the State." The New York Times Room For Debate. September 10, 2014.

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