[quote]TooHuman wrote:
[quote]Brett620 wrote:
[quote]jjackkrash wrote:
[quote]Brett620 wrote:
[quote]NickViar wrote:
[quote]jjackkrash wrote:
[quote]NickViar wrote:
(I also oppose prosecuting the offender in shootings, stabbings, etc. with a victim that doesn’t want to do so). [/quote]
So I assume you are against murder prosecutions unless the victim presses charges.
[/quote]
Clever reply, but incorrect(and, truthfully, not all that clever-a victim that DOES NOT WANT TO press charges is obviously different than a victim that CAN NOT press charges). If someone’s life is taken(or the extent of one’s injury is such that they are no longer able to make or communicate decisions), then I’m okay with assuming that the person would NOT have consented to such(if he wanted death, he would have killed himself). Of course, if a person was to consent to being killed, while alive and conscious of what he’s consenting to, then I am okay with allowing the person to be killed(I don’t believe Jack Kevorkian to be a criminal…and wouldn’t think of him as such even if he had shot the people that wanted to die in their heads instead of just assisting them with suicide).
What I was talking about was more of a fight that results in one party being cut a couple of times, that person going to the hospital, the hospital calling for police response, and the police having to work the case, despite the “victim” obviously not wanting to pursue the matter. I have a feeling that Brett can verify how common such situations are. I don’t think police need to be helping either people that don’t want to help themselves(many domestic violence “victims”), people that don’t want to cooperate because they are afraid of blowback, or people that would just rather deal with a couple of cuts than to have to go to court.[/quote]
It happens all the time. Mostly with the complainants being neighbors and roommates.
And not only is there the law when dealing with domestics, but you also have departmental policy. Our General Orders actually stipulate that that with domestics, “The preferred response is arrest.” And often in practice, probable cause is not even the standard. It’s reasonable suspicion. If police DO NOT make a arrest (and with a DV misdemeanor, they have to be physically be taken into custody, not issued a citation due to the “likeliness of the offense to continue”), and there is a incident an hour later when the victim ends up in the hospital, that officer is going to be severely disciplined. ** Even when there appears no PC on the prior event!
So officers in fear of making a wrong decision, often err on the side of arrest. This is almost 100% true is you have a “victim” who wants to prosecute, and there is no evidence. I’m telling you, you wouldn’t believe some to the complexities with domestic violence.
What do you think the burden of proof is to obtain an Order of Protection??[/quote]
Domestic abuse is a tough issue and I don’t envy the job LEO’s have responding to domestic calls.
[/quote]
And I never had a problem working a legitimate DV incident. One where someone is clearly getting abused. That’s where the police and the legal system needs to step in an address the matter and protect the victim.
My problem is that advocacy groups have taken over, and pushed their own agenda to the extreme. When an incident for police is coded as a domestic, and police respond, and if there is any sign of “something happened” regardless of how minor it may be, our discretion is gone. We cannot use our judgment as police officers and taken into account mitigating factors and say, “you know, this man/woman doesn’t need to be arrested over this”.
And the “relationships” that are now included as domestic relationships, don’t get me started. Ex-roommates (with no dating relationship) that get into an argument at a bar a year after they lived together, is considered “DOMESTIC VIOLENCE”! WTF? [/quote]
Nope. That’s where YOU in your individual capacity are responsible in stepping in and helping the victim.
The fact that you are a police officer simply muddies the waters where you are preventing others from helping the victim because they fall into conflict with your monopoly on force.[/quote]
Since this is a public forum, I’m going to cite some… hypothetical incident that I may/could have been involved in.
Boyfriend and girlfriend live together. Girlfriend is on the lease, but boyfriend contributes to the household bills. Girlfriend finds another man, and now wants boyfriend out immediately. Boyfriend says no, this is my home, I have to have some time to find a place. Since he has established residency, it’s a civil matter and she has to go through the lengthy eviction process. Girlfriend is pissed. So she decided to get an Order of Protection against the boyfriend because she feels “threatened” and “intimidated” because he owns a firearm. An Ex-Parte order is granted, and he has to IMMEDIATLY LEAVE THE PROPERTY OR BE SUBJECT TO ARREST! To obtain an Ex-Parte order, it requires NO EVIDENCE SIMPLY AN ALLEGATION. Then 30 days later you go to court to have a hearing before a judge to show cause. Meanwhile boyfriend is thrown out.
Tell me, how would I be of service to this victim? And trust me, cases like this are not the exception.