NCJ Number
198456
Journal
Criminology & Public Policy Volume: 2 Issue: 1 Dated: November 2002 Pages: 91-96
Date Published
November 2002
Length
6 pages
Annotation
This article reviews unintended consequences of criminal justice policies regarding domestic violence incidents.
Abstract
The author contends that mandatory and presumptive arrest policies in cases of domestic violence have resulted in many unforeseen consequences for victims. Dual arrest, in which both the violent offender and the victim of violence are arrested, is a common phenomenon occurring in one-third of cases. Generally, the nonviolent offender is the woman who then faces sanctions by the criminal justice system and the community at large in terms of child custody issues, immigrations issues, and employment. Moreover, mandatory arrest policies have been shown to disproportionately affect people of color, who more heavily rely on the police for protection and problem-solving. The author also notes that other criminal justice policies also have negative implications for victims of domestic abuse. For example, prosecutors’ “no-drop” policies have the unintended consequence of forcing victims to testify against their batterers in court, even if they do not wish to bring charges. The author concludes that policymaking in the arena of domestic violence can be confusing and confounded by the very private nature of domestic violence. Investigating the consequences and outcomes of public policy in this area is of paramount importance.