Sentencing in Domestic Violence Cases

Narrative 1  

The first consideration to determine recommendations for confinement in the domestic violence case involves identifying the incident's characteristics. Characteristics of the incident include the nature of the act, time, and place of occurrence of the incident. In the current case, domestic violence's characteristic indicates a previous argument that led to the incident between the married couple. It is important to understand the circumstances that led to the incident for an appropriate recommendation to the judge. To determine the batterer's confinement, the prosecution must consider criminal history, psychological factors like mental illness, and potential drug and substance abuse. Considering the batterer in the current case did not present any of these characteristics and acted out of anger, the prosecution may not recommend confinement. Another consideration that may be considered to deter confinement is that the batterer in the current case was present and did not portray any sense of fleeing. Therefore, the prosecution may not recommend confining the batterer and advice for mandatory marriage counseling. 

Narrative 2 

Probation in the community mostly applies for convicted offenders where they are released back to the community from prison by court order under strict supervision by probation officers. The current case does not merit probation to the community because the crime had a high likelihood of not attaining a conviction order from the judge. A conviction order would have been attained in the current case if the batterer in the domestic violence case had a superior motive influenced by prior criminal behavior, mental illness, or drug and substance abuse. If the batterer had been found guilty of domestic violence charges due to illegal motives, a conviction would be attained. Therefore, the conviction would have merited probation in the community if the judge offered a community order sentence. The parole officer approved release to the community on a license or a release made after the custodial sentence had been served. The offender is required to perform community service, abide by curfews stipulated by the law, and be active in community programs under strict supervision to complete successful sentencing according to court orders.