Mandatory Arrest Laws Research Articles

DOMESTIC VIOLENCE LEGISLATION: EXPLORING ITS IMPACT ON THE LIKELIHOOD OF DOMESTIC VIOLENCE, POLICE INVOLVEMENT, AND ARREST*

Research Summary: This research uses data from the National Crime Victimization Survey to test whether legislation affects domestic violence, police involvement, and arrest. Findings suggest that most laws do reduce the chances of family or intimate violence. Fewer appear to influence police involvement, and none relate to more arrest. This suggests that laws may deter would‐be offenders from harming family and partners.Policy Implications: The findings suggest that states should continue to aggressively pursue domestic violence offenders. However, local officials should recognize that mandatory arrest laws could reduce the number of cases that enter the system. Further, more protection should go toward victims when the state awards them custody of the children.

Differential Police Treatment of Male-on-Female Spousal Violence

The assumption that police are relatively lenient with men who assault their spouses has led several U.S. political jurisdictions to enact mandatory arrest-for-wife-assault legislation. Although the leniency thesis underlying this legislation is widely believed, it is directly addressed by only three studies of varying rigor and generalizability. With new data, the present research uses multivariate techniques to reexamine the hypothesis that police are less aggressive in arresting wife assaulters, with results that support the leniency thesis. In addition, results suggest that police are more likely to arrest if the victim of spousal violence is a woman who is affluent, White, older, or suburban. The implications of these findings for mandatory arrest laws, crime control, and the debate on race and crime are discussed.

It's My Decision, isn't it?

Mandatory intervention laws and policies are in place in a number of states to address domestic violence. This article reports the views of battered women (N = 241) on mandatory arrest laws, no-drop policies, and mandatory medical reporting for doctors and nurses. In general, the women support the adoption of these mandatory interventions; however, fewer seem to perceive a benefit from the interventions, and some believe they would be less likely to report future violence as a result of these interventions. Some reasons for the mixed perceptions of the women are explored.

Victims' Voices

The perspectives and experiences of victims have been underrepresented in the ongoing debate about mandatory arrest laws for domestic assault. This article presents findings relevant to this policy debate. The authors interviewed 25 victims whose assailants had been arrested under the provisions of the recently passed New York Family Protection and Domestic Violence Intervention Act. The authors' focus was on the respondents' experiences with the new law and specifically their perceptions of police demeanor toward them and their assailants. A majority of the participants reported multiple encounters with law enforcement prior to the arrest event. The authors identified four categories of police demeanor—minimizing the situation, disbelieving the victim, we don't care, and macho cop—that were crucial to victims' perceptions of how they were treated by officers. The importance of police demeanor in establishing the trust of victims is discussed and related to policy issues.

Police Response to Mandatory Arrest Laws

Mandatory arrest laws, although controversial, have gained support as one mechanism for reducing domestic violence. This research examines how police officers responded to mandatory arrest statutes. Twenty-four police departments produced data on interventions in 861 cases of domestic violence. Implementing a mandatory arrest law significantly increased arrests of offenders, especially those in violation of a restraining order. Arrest was affected by injury to the victim, use of a weapon, use of alcohol, and presence of a witness. Police training was crucial to the implementation of the mandatory arrest statute.