A review of pro-arrest, pro-charge, and pro-prosecution policies as a response to domestic violence

Abstract

Summary The focus of this scoping review was to understand the overall state of research activity related to pro-arrest, pro-charge, and pro-prosecution policies in Canada. The review identified 295 articles, academic (47.5%) and gray literature (52.5%) published between 1983 and 2018 that reported on these policies as a response to domestic violence in Canada. Findings The findings acknowledged growing concerns over the ineffectiveness of these policies as a response to domestic violence. In fact, over half of the articles (57.6%) either failed to support these policies or recommended significant revisions; only a small number of articles (1.0%) favored these policies in their current form. Themes related to the effectiveness of these policies included criminalization and public awareness, survivor satisfaction, standardized police response, removal of burden from survivor to charge, and better than nothing. Themes related to the ineffectiveness included disconnect between policy and practice, revictimizes survivors, one-size fits all approach, have not adequately reduced domestic violence in Canada, lack of understanding training and education for all, failure to address structural and systemic factors, lack of trust in the criminal justice system, and success has been difficult to measure. Applications The deconstruction of these policies in this review points to the need for future research to address identified gaps in the literature and to explore alternatives that serve their intended emancipatory effect.