Wade came home drunk late one night, and an argument ensued with his roommate, Earl. When Earl picked up the phone to call the police, Wade grabbed it from his hands and hit him in the back of the head. Ultimately, a neighbor who heard them arguing summoned the police. Earl insists that he was assaulted by Wade; Wade maintains that Earl provoked the argument and that he was acting in self defense. In any event, by the time the police arrive, the two are willing to let bygones be bygones if the police will drop the matter.
The state has a mandatory-arrest statute in cases of domestic violence, but it is not clear as to whether it covers same-sex couples. Furthermore, it is not clear to the responding officers whether Wade and Earl are a gay couple or merely two men sharing an apartment. Must the officers make an arrest?
Assuming that one of them is arrested and pleads guilty to assaulting the other, should the court dismiss the case so long as the guilty party is willing to attend counseling sessions on domestic violence? Or should the judge make a statement that domestic violence will not be tolerated by imposing a jail sentence?
For this assignment you must post a substantive initial response to this discussion and provide (at a minimum) two additional substantive peer responses. Let’s ensure a healthy discussion by posting on three different days throughout the discussion period and actively participating.
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