Mandatory Arrest Laws Can Reduce Domestic Violence (From Domestic Violence: Opposing Viewpoints, P 107-115, 2000, Tamara L. Roleff, ed. -- See NCJ-185753)

• NCJ Number: 185767
• Author(s): Julian Leigh
• Date Published: 2000
• Length: 9 pages
• Sale Source: Greenhaven Press
• Publication Format: Book (Hardbound)
• Publication Type: Collected Work
• Language: English
• Country: United States of America
• Note: Opposing Viewpoints Series

Annotation

The author believes mandatory arrest laws are more effective in reducing domestic violence than restraining orders or counseling the abuser, but she concludes pro-arrest policies should be combined with consistent prosecution and sentencing policies to be most effective.

Abstract

All States allow police officers to arrest abusers for domestic violence offenses without a warrant and without witnessing the crime. Because police officers are often reluctant to become involved in domestic violence cases, more than half the States require police officers to arrest individuals accused by their partners of domestic violence. Mandatory arrest, however, should be just the first step of a coordinated community response to domestic violence in which the abuser is arrested, charged, convicted, sentenced, and required to carry out the sentence terms. Arrest in coordination with other criminal justice system efforts results in far more deterrence than arrest alone. In addition, arrest labels and identifies abuse and documents abuse patterns over time. For arrest to be effective in preventing violence, the batterer must have the capacity to control his or her behavior, perceive arrest as punishment, and believe he or she will be punished again. Studies on partner abuse as learned behavior are cited that provide information on the characteristics of batterers. This research shows arrest is an effective deterrent to recidivism for many batterers and those who do not respond to arrest critically need more intrusive interventions.