Domestic violence is a complicated issue that has to be resolved on the social, cultural, and legal levels. I agree with Prof. Epstein’s opinion that government intervention might not always be the appropriate strategy to fix the problem. As Epstein (1999, p. 132) puts it, “overcriminalization” places domestic violence on the same level as violence from non-intimates. However, it is crucial to remember that the family members are generally dependent on each other, and an urgent arrest of one of them might lead to even more critical problems. Prof. Epstein (1999) notes that this issue is particularly noticeable among vulnerable groups, such as immigrants and minority groups. Ultimately, I agree that the government’s intervention might lead to “overcriminalization” and that each case should be thoroughly examined to minimize the damage to the families.
I can understand the reasoning behind “mandatory arrest laws,” but I do not think it is an effective solution. Domestic violence is a relatively vague concept that concerns various crimes, and the obligation to arrest the “aggressor” might cause more harm than good (Witt, 2021). On the other hand, the victim might be scared of the consequences and withhold their statement to the police. In such situations, a mandatory arrest and consequent “no-contact order” would allow the officers to investigate the case. However, I believe that “mandatory arrest laws” are generally detrimental to the family’s well-being, and more subtle approaches, including psychological help, should be more relevant. I think that no-drop policies are overly extreme responses to domestic violence from the same considerations. However, I also believe that every situation should be analyzed separately, and some cases require no-drop policies. For instance, when the damage to the victim is evident, or the perpetrator is acting aggressively, one could expect the recurrence of the crime. Ultimately, I think that “mandatory arrest laws” and no-drop policies should not be applied to all domestic violence cases, but they might be practical to protect the victim in situations concerning evident violence.
References
Epstein, D. (1999). Redefining the State’s response to domestic violence: Past victories and future challenges. The Georgetown Journal of Gender and the Law, 1, 127-143.
Witt, R. (2021). An explanation of Washington’s mandatory arrest law for domestic violence. Wittlegal. Web.