Posted on 02/06/2012 6:49:47 AM PST by marktwain
Administrator, multiple posts my error.
Worth repeating, but probably not quite that many times.
I agree. What the hell happened to “presumption of innocence?” What happened to the punishment of perjury and making false accusations?
The multiple posting was my mistake - I’d delete the duplicates if I knew how.
The multiple posting was my mistake - I’d delete the duplicates if I knew how.
“The police have no discretion; they have to arrest.”
No, they do not. Separation of powers says that. A police officer has the discretion of who he arrests. The law may say kill all the males but is a cop required to obey it? An officer operates under a license and is required to uphold the terms of that license.
CodeToad -
The state law here in NH removes the police discretion in a DV case. I don’t know what law you are referring to, federal or state. I have direct experience with this law in NH.
It means that the prosecution has decided not to persue the case, most likely as a result of the two parties reaching an agreement before trial.
It means that the prosecution has decided not to pursue the case, most likely as a result of the two parties reaching an agreement before trial.
It means that the prosecution has decided not to pursue the case, most likely as a result of the two parties reaching an agreement before trial. The prosecution usually adds some penalty (good behavior for 1 year for example) that the accused has to pay, then the accused can get the charge removed from the arrest record after completing all terms of the agreement.
That’s a good idea for really nasty individuals if we could separate these cases out cleanly.
After the implementation of the Violence Against Women Act (VAWA), what happens after a husband-wife spat that ends in an arrest of either is bad for husband and wife and kids. Peaceful reconciliation occurs in the great majority of the cases now. Your idea would mean peaceful reconciliation would be nullified and result in further destruction of the family.
I think most of these arrests now are occurring because of the ‘no discretion’ policy legislatures have implemented. Whereas, in the past, what usually ended in no arrest before VAWA, now we’re getting far too many arrests.
I like your post and the Constitutional basis of the ideas. These domestic violence cases are yet another example of how far we actually are into a post-Constitutional America. And I’m not even a conspiracy theorist.
When my wife got divorced from her previous husband, her lawyerette urged her to file domestic violence and child abuse charges just as part of the “negotiating stance.”
Now, as it happens, the DV charges would have been justified - that person still has a warrant on him here in GA; the Child Abuse charges would not have been justified. But I suspect the lawyerette would have urged her to do so, regardless of the validity of the charges.
If the someone screams “Child Abuse!” or “Domestic Violence!” just get an advantage in the divorce proceedings and can’t back it up, they need to GO TO JAIL for perjury.
For heaven’s sake, stop pressing the post button!
My error, Sir.
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