I feel that mandatory arrest policies can minimally reduce the rate of repeated domestic offenses. The arrests may contribute to an escalated risks of revenge and other forms of retaliation by the abusers whose pasts are founded on the acts of violence. It can also catalyze retaliation among individuals who are unemployed and don't have a lot to lose. Among the survivors of domestic violence, mandatory arrest policies can be demoralizing since it may take away the victim's ability to take full responsibility for participating in a court settlement and deciding what is best for their scenario. For instance, in Davis vs. Washington, Davis was arrested after his girlfriend, McCottry, called 911. However, McCottry failed to testify against Davis as she could not be found (Bailey, 2009). she might have been disempowered to do so. The problem is most common among sick and tired individuals of the way the criminal justice system operates.
On the other hand, a No-drop prosecution policy does not require a victim's participation. Also, no-drop prosecutions are costly, and the inadequately guarantee immediate victim protection can greatly contribute to demoralizing women and other survivors from reporting future assaults. No drop prosecution can infringe the victim's wishes and inhibit them from practicing control over their situations. The no-drop prosecution also has its impacts on the criminal justice system. For example, in the aftermath of the Davis vs. Washington case, there was an escalation in guilty pleas and an equivalent minimization of dismissals as the prosecutors were always ready to proceed with the prosecution without the victim's testimony and presence in the court (Bailey, 2009). The policy does not guarantee prosecutorial discretion, and it can expose women, who are prone to victimization, to increased suffering.
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In conclusion, I feel that both mandatory arrest and no-drop prosecution can greatly help victims of domestic violence if several issues are taken into considerations. For example, for the mandatory arrest, proper investigations should be conducted on the victim’s side before initiating double apprehension as a sign of justice and fairness in the prosecutorial process.
Reference
Bailey, K. D. (2009). The aftermath of Crawford and Davis: Deconstructing the sound of silence. BYu L. ReV. , 1.
