Re: Andruw Jones Arrested for Domestic Violence
posted at 12/28/2012 2:49 AM EST
In response to djcbuffum's comment:
In response to Softlaw1's comment:
Domestic violence is nothing more than a political agenda. Assualt and battery are crimes that should be prosecuted as such, based on the evidence that is carefully gathered and reviewed. The penalty for making false reports on crimes should be severe. The media only reports this to get a rise in ratings and claim that "we're trying to protect battered women".
Arrest records should be purged as soon as the arrested party is aquitted or the charges dropped. Jones is innocent until proven guilty.
"Wife of Andruw Jones Claims He Battered Her But Denies any Criminal Wrongdoing on Her Part"
Every state has different criminal statutes. In Wisconsin, where I practice criminal defense, there is no "domestic violence" crime, per se. One can be charged with various degrees of battery, disorderly conduct, or a handful of other crimes relating to physical assault. There is, however, a "domestic violence" enhancing charge; if the State cna prove that the victim of the crime and the accused were in one of several ennumerated relationships, then the penalty may be enhanced by up to six months above the maximum for the underlying crime.
There is a different dynamic in a domestic crime vs. a crime perpetrated on a non-domestic victim. Incidents of domestic violence are often symptomatic of a situation where one person is frequently in a powerless position to protect themselves from another. The victim of domestic violence is usually dependent to some degree (financially, emotionally, or otherwise) on the perpetrator. The perpetrator uses that power to control the victim. This is very different from a bar fight, where the two people can usually go their separate ways afterwards. In a domestic situation, "getting out" is much harder because it often demands a complete disruption of the lives of the principals.
Studies have shown that incidences of "false accusations" of domestic violence are exceedingly rare, though not non-existent. Often allegations of domestic violence are not false, but "inaccurate" insofar as they aggregate multiple incidents of abuse into one report. This makes it appear that the victim is lying or exaggerating, because the victim reports harms that are in the past but had never been reported, as well as the harms that are recent. Additionally, it is not infrequent for a victim to call the police in the heat of the moment when she or he is in danger, but then to recant later because she or he realizes how disruptive a prosecution will be. It is not that the original allegations were false, but rather than the consequences of pursuing a proecution become more clear, and the victim decides that he or she does not want to go forward. THat's one of the reasons most states have taken the discretion to "press charges" away from the victim and put it in the hands of the prosecutor. It protects victims from pressure not to prosecute, and allows someone with a more objective view of the evidence to make the decision.
I do agree with your perspective on "innocent until proven guilty." I also think that there is a problem in our criminal justice system with people assuming an arrest means you're guilty; but I'm not sure purging police reports is a good idea. I just think a culture of more discerining media consumption is important.
I remember you when I first arrived here and was getting hammered by Yankee fans for talking about the Yankees buying up all the free agents in 2009. You were the only person, besides, Harness, I remember being kind to me, and defending my posts. I believe you said you were living in South America at the time. I wound up leaving the board, and when I came back, I never saw you here again. If that was you, a belated thank you to you. You're a true gentleman.