2006-11-09 03:49:14 · 12 answers · asked by ajpatty 2 in Politics & Government ➔ Law & Ethics
There are pros and cons.
The problem with sending them to custody is that they can only get a short sentence, because that is all that the law allows for the offence of assault. So suppose the Court gives them 3 months. The offender will be out in 1 and 1/2. That's just 6 weeks' protection for the victim, and nobody has done any work with the perpetrator to try to change his attitudes or behaviour (I'm saying "he" here as most perpetrators statisically are male and most victims are female, I'm not saying it doesn't happen that women commit these offences or that same-sex relationships aren't affected). Hence when the offender comes out, in most cases the whole cycle begins all over again.
If they get a sufficiently long community sentence however, they can be made to go on an intensive course designed to change their attitudes towards women in general and to teach them skills to relate to their partner without violence. The probation service runs one which offenders can be court ordered to attend, and takes about 6 months of work to complete. In the meantime, the victim is supported (if she wants to be) by a women's safety officer. The aim is long term change, not quick punishment.
2006-11-09 06:18:45 · answer #1 · answered by purplepadma 3 · 1⤊ 0⤋
Some are, depends on the offence and the victim. I work in the courts and far too many times the victim will write a letter to the Judge saying that they have now forgiven the partner who attacked them and they are back together and everything is fine and please don't send them to prison blah blah blah. This doesn't always work but it certainly goes in their favour. However, we then see the same people a few months later doing the excat same thing over and over again.
However, some people to go to prison for domestic violence depending on what the offence is classed as. It is not calssed as domestic violence but Assault (of varying degrees, e.g. by beating, common etc.), ABH (again verying degrees) and GBH (sect. 18 or 20). If it is GBH then is it a guaranteed prison sentence regardless of whether it is the 1st, 2nd or 100th offence.
2006-11-09 07:09:37 · answer #2 · answered by willowbee 4 · 1⤊ 0⤋
normally the first offense is a 93 day misdemeanor and the second offense is a 1 year misdemanor and then after that it should be a 2 year high court misdemeanor...realistically no one goes to prison for domestic violence they do however go to jail...unless the person is charged with a aggraveted domestic violence....Of course all states carry penalties differently...
2006-11-09 04:49:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Oh boy...having the unenvious job of warning out witnesses and getting them into court for the Prosecution in DV cases, the frustration of first ringing a victim to inform them that the case is going to court to be told 'no...I love him we are back together..I'm dropping the charges'...is bad enough.
To then have to get a summons and then get it served to bring the victim to court to testify against their 'loving partner' is the next hurdle.
The law change that gives Prosecution an opportunity to prosecute even if the victim does a CDtoP is much welcomed, but to have to do this to protect women beggars belief, as some victims just keep taking them back on a spiral of abuse.
2006-11-09 07:28:33 · answer #4 · answered by lippz 4 · 1⤊ 0⤋
Depends. Some cultures seem to have domestic violence as a way of life. Not my scene.
2006-11-09 06:30:32 · answer #5 · answered by Perseus 3 · 0⤊ 0⤋
They shouldn't have a second chance.
Problem? The victim will not press charges. Without a "victim", there is no crime. That is the problem with domestic violence crimes in this country.
2006-11-09 03:53:40 · answer #6 · answered by volleyballchick (cowards block) 7 · 1⤊ 0⤋
Yes of course, but if only the women were brave and strong enough to know they deserve so much better, things would happen more quickly for the offender
2006-11-09 04:03:45 · answer #7 · answered by dogriver 5 · 0⤊ 0⤋
yes they should but as I found out the hard way they dont my violent ex beat me up so badly I ended up in a woman's refuge with my kids he also broke my sons nose the police promised that he would be sent to prison,not so he got off again,I hate him and so do my kids.
2006-11-09 07:56:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
NO, they should be put there after the 1st offence
2006-11-09 03:53:24 · answer #9 · answered by Welshchick 7 · 0⤊ 0⤋
Yes, if not for one offence if it's seen to be bad enough.
2006-11-09 03:53:08 · answer #10 · answered by Anonymous · 0⤊ 0⤋