The Domestic Violence Preliminary Hearing

You may also like...

1 Response

  1. Jason says:

    A description of a similar practice in Manhattan appears in Jeannie Suk, Criminal Law Comes Home, 116 Yale L.J. 2, 46 (2006):

    “For every DV arrest, the prosecutor in the complaint room must interview the arresting officer in person and interrogate the defendant in person before drafting the criminal complaint. That prosecutor must attempt to contact and meet with the victim as soon as possible. The prosecutor must further direct the arresting officer to go to the victim’s home immediately to try to obtain her signature on an affidavit corroborating the criminal complaint.” (emphasis added)

    Also, I think a(nother) response to the brilliant student, one that’s not really used enough in these kinds of discussions, is “what do the numbers say?” The kind of effect s/he is describing should also apply to mandatory arrest and no-drop policies. Those have at least as much “once I make a call, the legal system will move forward” effect as the proposed change here, don’t they? Thus, if the numbers say that calls are coming in at the same frequency in mandatory arrest / no-drop jurisdictions, then we might better contend that the same would happen under this proposed regime.