
Crime & Gun Control | |
Rethinking Spousal Abuse Laws |
Some legal experts are warning that spousal abuse laws are having unintended consequences. Prosecutors are going after husbands who may only have tried to restrain their wives during a domestic dispute. And some law enforcement authorities say the laws force them to prosecute, even if a wife takes her husband's side and refuses to file charges. Moreover, research shows that spousal abuse is far less common than activists for battered women contend.
A former prosecutor in Hamilton County, Ohio, estimates that a state law requiring police responding to a domestic call either to make an arrest or file a report why no arrest was made increased his docket of domestic cases from 10 percent to 40 percent of all cases. He says that push-and-shove cases and yelling matches are making criminals out of otherwise law-abiding citizens. Mandatory arrest laws have also led to a rise in the number of women being arrested for domestic assault. In some states, women now account for one-quarter of all such arrests. In Massachusetts, less than half of the 60,000 restraining orders issued in domestic abuse cases annually involve an allegation of physical abuse. Source: Cathy Young, "Domestic Violations," Reason magazine, February 1998. |
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