Mandatory Arrest Research Articles

Rethinking Criminal Justice Responses to Intimate Partner Violence

Insult to Injury: Rethinking Our Responses to Intimate Abuse is Linda G. Mills’s indictment of the overly criminal-justice–reliant response to domestic violence in the United States. Mills advocates a single, new intervention in domestic violence cases to replace the current system of arrests, prosecution, and jail time. (About civil orders of protection, the work is curiously silent.) In this essay, I will argue that although Mills makes some thoughtprovoking points and some accurate criticisms of our current response to domestic violence, her own particular view of domestic violence causation leads her to misread history and oversimplify what is developing into a provocative, serious, and complicated debate about the public response to domestic violence. In her brief against mandatory arrest policies and overreliance on arrest and prosecution, Mills astonishingly presents her case as if she were the lone prophet in the wilderness. As most readers of Violence Against Women are aware, the effectiveness of criminal justice approaches and the issue of mandatory arrest in particular have been extensively discussed by a variety of noted scholars, researchers, and activists. Miller (1989, 2000) has discussed mandatory arrest policies and their effects on women of color and poor women. Early on, Zorza (1994) analyzed the implications of arrest and prosecution of batterers, as have Buzawa and Buzawa (1993, 1996). In a recent survey of the literature on the effectiveness of the criminal justice response, Iovanni and Miller (2001) concluded that the system has only a limited ability to keep women safe due to the fact that the problem has its roots in the structured, gendered inequality in society. Coker’s (2000) survey of the research literature also led her to conclude that for significant numbers of poor women of color, the benefits of mandatory

Insults, Injury, and Injustice

Since its inception, the battered women’s movement has struggled with how to reconcile the state’s indispensable role in securing safety, support, and liberty for victims with its equally undeniable role in perpetuating the patterns of discrimination and privilege from which it continues to derive legitimacy. This dilemma is most vivid in low-income and minority communities where preexisting vulnerabilities magnify the effects on personal, family, and community life of both woman battering and government support for services and equal protection. Since the introduction of shelters and mandatory arrest policies, severe and fatal violence have dropped far more sharply among Black couples than any other group (Gelles, 1997; Rennison & Welchans, 2000; Stark, 2003). At the same time, all state intervention in these communities is infused with a bias that disadvantages men as well as women and raises the specter that in any particular instance, protection can be more harmful than abuse (Stark, 1993). As concerns about these issues mount, conservative opponents of sanctions in domestic violence cases have been joined in their criticism by a range of progressive scholars including a number who laid the initial groundwork for current policies (Coker, 2001; Gelles, 1996;

Rethinking domestic violence in theory and practice

Drawing on the author's previous work, this article suggests that conceptual advantages result from envisioning domestic violence on a larger continuum of “normalized” to “extreme” sadomasochistic interactions (including gendered interactions that can also range from “ordinary” to “deviant” in how they are perceived). Thereafter, it may be harder to ignore how redressing social inequities involving gender as well as racial and class imbalances can amount, at least in terms of prevention, to anti-domestic violence measures of one important kind. More concretely, proceeding from the assumption that domestic violence remains disturbingly common (even though its exact scope is difficult to ascertain), this article contrasts how this social problem would best be approached in theory and how it often continues to be dealt with in practice. In making this comparison, a cursory review of recent policy developments in this area, from mandatory arrest policies and laws (and the criticisms these have engendered) to more recent interest in restorative justice and collaborative empowerment, is presented and incorporated into the paper's larger argument.

Protective order legislation: Trends in state statutes

Very little research has examined state legislation on protective orders. This study examined recent state statutes and compared the findings with a landmark 1988 study. Results indicated that more recent laws provided greater access to victims and expanded their eligible populations to include categories that were excluded in earlier legislation (i.e., dating partners, sexual partners, and same-sex partners). Orders increased slightly in duration and there were more access to them outside of normal working hours. Compared with earlier legislation, newer laws were more apt to authorize judges to fashion remedies that address financial matters. Penalties for violations remained relatively stable, although states were increasingly willing to use enhanced sanctions for repeat offenders. States continued to use mandatory arrest to enforce orders, although this trend was not as pronounced as one might have anticipated. Finally, legislators incorporated many aspects of new federal legislation into state statutes.

The Voices of Domestic Violence Victims: Predictors of Victim Preference for Arrest and the Relationship Between Preference for Arrest and Revictimization

This article focuses on what female victims of domestic violence expect the police to do when they call for assistance during an abusive incident and whether there is an association between their desire for formal intervention and subsequent victimization and offender aggression. The 419 victims interviewed in this study had a variety of expectations ranging from simply warning to arresting the offender. A combination of victim characteristics, offender characteristics, and incident characteristics was predictive of victim desire for arrest, and victim desire for arrest was significantly associated with subsequent threat of abuse and actual abuse of the victim. The implications of these findings for preferred and mandatory arrest policies are discussed.

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.

“Under Western Eyes” Revisited: Feminist Solidarity through Anticapitalist Struggles

L'A. reprend son essai feministe Under western eyes ecrit seize annees auparavant, dans le contexte d'un mouvement feministe transnational en pleine vitalite. Apres en avoir rappele les arguments centraux, elle analyse la reception qu'a eu cet article, puis tente de clarifier le sens qu'elle donne a des concepts-cles comme l'Occident ou le Tiers-Monde. Elle reengage le debat sur la relation entre le particulier et l'universel dans la theorie feministe. Elle tente enfin d'evaluer ce qui a change durant la periode qui s'est ecoulee depuis la parution de la premiere edition de Under western eyes. Elle inscrit parmi les nouveaux defis du feminisme le combat contre la mondialisation capitaliste et ses effets de predation dont les femmes sont plus particulierement victimes. A la suite de Vandana Shiva, elle s'insurge notamment contre la confiscation imperialiste des savoirs indigenes par le biais des brevets

Implementation of the Domestic Violence Law in the Republika Srpska

In this paper author analyzes criminal offence "Violence in family or extended family". This criminal offence was introduced for the first time in the new Criminal Code of the Republika Srpska in 2000 (article 198). In the first part of the paper author exposes characteristics of legal provisions regarding criminal offence "Violence in family or extended family". In the second part practical implementation of this criminal offence is analyzed. For doing that analyzes, the author uses the interviews carried out with representatives of the police, prosecutors judges and representatives of non-governmental organizations. At the end author suggests introduction of certain measures for victim protection such as mandatory arrest of a perpetrator, the increased efficiency of the criminal procedure, restraining orders (regarding communication and contact between perpetrator and victim) and other measures, which should provide adequate implementation of this incrimination and optimal protection of victims of this crime.

Understanding the Context of Dual Arrest With Directions for Future Research

Arrest rates for intimate partner violence have increased dramatically since the implementation of preferred and mandatory arrest policies. Of concern has been the increase in the percentage of cases in which both parties in an incident have been arrested. This article examines the current research on dual arrests and the deficiencies of that research, argues that dual arrest should not be examined in a vacuum but should be placed in a broader context taking into account both the full range of police options and comparisons of police action in intimate partner violence cases to the responses to other domestic and nondomestic incidents, and outlines an agenda for future research.

Mandatory Arrest Law in domestic violence cases and its implementation in New York City

This paper contains the analysis of the Mandatory Arrest Law in domestic violence cases in New York State. Introduction includes the subject and main goals of the paper. Second chapter starts with historical development of the police response in domestic violence cases in New York before and after the Mandatory Arrest Law is passed, than analysis of the Law, and ends with one of the programs which Safe Horizon, Victim Service organization, developed in New York City. Third chapter gives the analysis of pro et contra arguments for mandatory arrest provision and results of surveys and studies, which were conducted in United States. In fourth chapter we present the analysis of the research conducted in two police precincts in New York City this year. Paper also contains the list of main problems in implementation of this Law in New York City.

Domestic Violence Laws: The Voices of Battered Women

This article reports the findings from an exploratory survey of battered women's views about mandatory arrest, mandatory reporting by doctors and nurses, no-drop policies, confidentiality laws, privilege laws, court-victim advocate programs, and specialized domestic violence courts. Although there was general support for the adoption of these laws, some variation based on demographic and situational circumstance was found. These findings raise questions about the universalistic nature of polices developed to address the problem of domestic violence. Battered women are not a homogeneous group, and public policy may be better designed to accommodate the individual needs of victims.

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.

Crime Control and Feminist Law Reform in Domestic Violence Law: A Critical Review

The controversy about nation-wide implementation of mandatory arrest policies reflects the ambivalence with which feminists regard the police. On one hand, battered women’s advocates want to hold the police accountable, as agents of the state, for carrying out the government’s mandate to protect citizens. On the other hand, feminists realize that police often exercise their power in ways that reinforce the disadvantages already experienced by women, and in ways that reinforce the disadvantages experienced by members of poor and minority communities as well.

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.

Blame, shame, and community: Justice responses to violence against women.

Justice processing for crimes against women is reviewed. The data reveal conviction rates for partner violence and rape by known acquaintances are miniscule; mandatory arrest, protection orders, and diversion programs inadequately deter rebattering; few losses are compensated; and the adversarial justice process is retraumatizing, exacerbating survivor's self-blame. To better address crimes against women, several nations and tribal communities use communitarian approaches, forms of restorative justice. The offense is framed to include the perpetrator, victim, and community. The process forgoes incarceration to have family, peers, and advocates design perpetrator rehabilitation, victim restoration, and social reintegration of both victim and perpetrator. Evaluations suggest communitarian justice may increase victim satisfaction, raise the social costs of offending, multiply social control and support resources, and open a new avenue to targeted prevention.

What Are the Lessons of the Police Arrest Studies?

The six domestic violence police arrest experiments and several precursor studies stand unique in their research contribution to criminology and public policy. Together, these studies have significantly informed the debate about the deterrent effects of criminal justice sanctions and about the importance of how police can respond effectively to domestic violence. The strong methodological rigor of the six arrest experiments was a notable accomplishment, and set new standards for future criminological research. Early reviews synthesizing many results from the six arrest experiments typically concluded that the deterrent effect of arrest was not significant, however, these reviews generally did not meet the methodological rigor of the five replication experiments. Two recent attempts using different approaches for systematically combining results across multiple studies have concluded that there is a significant deterrent effect from arrest. This finding is variant from early reviews. Based upon data gathered from victim interviews, these two studies suggest that contemporary policies requiring preferred or mandatory arrest may be providing protection for victims though there is little change in the prevalence of police response over time. These studies have also taught us that methodological rigor is required throughout the scientific process, and not just during the data collection and analysis stages. The authors conclude that for several reasons there will likely be no further research testing for the effect of arrest on domestic violence and that current debate concerning how other aspects of the criminal justice system should respond to domestic violence seems less willing to be informed by the rigorous research and experimentation.

Domestic violence in a southern city: The effects of a mandatory arrest policy on male-versus-female aggravated assault incidents

Studies attempting to measure the effects of a mandatory arrest policy in domestic violence situations have yielded somewhat contradictory results. This study examines the effects of such a policy in one southeastern city. It utilizes police records from 1993–1997 to generate a proportionate stratified sample of 442 aggravated assaults cases committed by male partners on female victims. Logistic regression was used to model arrest determinants before and after the new policy was adopted. Results show that while there was an increase in the number of domestic violence reports after the proarrest policy went into effect, the total number of reports continued to decrease. A comparison of arrest determinants before and after the new guidelines became effective indicates this policy did not affect arrest decisions.

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.

Blame, shame, and community: justice responses to violence against women.

Justice processing for crimes against women is reviewed. The data reveal conviction rates for partner violence and rape by known acquaintances are miniscule; mandatory arrest, protection orders, and diversion programs inadequately deter rebattering; few losses are compensated; and the adversarial justice process is retraumatizing, exacerbating survivor's self-blame. To better address crimes against women, several nations and tribal communities use communitarian approaches, forms of restorative justice. The offense is framed to include the perpetrator, victim, and community. The process forgoes incarceration to have family, peers, and advocates design perpetrator rehabilitation, victim restoration, and social reintegration of both victim and perpetrator. Evaluations suggest communitarian justice may increase victim satisfaction, raise the social costs of offending, multiply social control and support resources, and open a new avenue to targeted prevention.

Police Response to Domestic Violence

This article explores the neglected question of why victims of domestic violence call the police, and how useful the police response is to them. We found that many women do not seek criminal sanctions because sanctions are unlikely to help to end the violence. This calls into question the value, to victims, of mandatory arrest policies which require prosecution decisions to be based on evidential concerns alone. These policies are based (naively, we argue) on assumptions about the interests of victims. Policies which give effect to victim preferences are also naive in ignoring the circumstances which shape victim preferences. We therefore argue for an approach which would empower victims to make choices which are less coerced (by their circumstances) than is usual at present. Elements of this approach can be found in the practices of some domestic violence units.