scholarly journals Geographies of Policing: Domestic Violence, Mandatory Arrest, and Police Liability

Antipode ◽  
2020 ◽  
Author(s):  
Dana Cuomo
Keyword(s):  
Domestic Violence ◽  
Mandatory Arrest

Policing Domestic Violence: The Significance of Charging in the Post-Arrest Decision Making of Police Officers

Partner Abuse ◽  
2010 ◽  
Vol 1 (2) ◽  
pp. 200-219 ◽  
Author(s):  
Scott W. Phillips ◽  
James Gillham
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
State Legislatures ◽  
Final Decision ◽  
Design Data ◽  
Mandatory Arrest ◽  
Criminal Charge ◽  
Criminal Charges ◽  
Specific Factors ◽  
Arrest Decision

During the 1980s many state legislatures enacted laws to address domestic violence cases, including mandatory arrest and warrantless arrest in a misdemeanor domestic violence incident. The domestic violence arrest decision has been extensively examined, but this is not the final decision point for officers. This research examined police officers’ decisions when listing criminal charges in domestic violence incidents. Using a vignette research design, data come from 267 police officers in a large department. Most police officers listed the criminal charge that would be expected based on the conditions described in the vignette. Specific factors increased the likelihood of misdemeanor and felony level criminal charges being listed.

Police Response to Mandatory Arrest Laws

1995 ◽  
Vol 41 (4) ◽  
pp. 430-442 ◽  
Author(s):  
Sylvia I. Mignon ◽  
William M. Holmes
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Police Training ◽  
Police Departments ◽  
Police Response ◽  
Mandatory Arrest ◽  
Restraining Order ◽  
Weapon Use

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.

Beyond Mandatory Arrest: Developing a Comprehensive Response to Domestic Violence

2005 ◽  
Vol 6 (3) ◽  
pp. 261-278 ◽  
Author(s):  
Michael D. White ◽  
John S. Goldkamp ◽  
Suzanne P. Campbell
Keyword(s):  
Domestic Violence ◽  
Mandatory Arrest

Counseling Heterosexual Women Arrested for Domestic Violence: Implications for Theory and Practice

1994 ◽  
Vol 9 (2) ◽  
pp. 125-137 ◽  
Author(s):  
L. Kevin Hamberger ◽  
Theresa Potente
Keyword(s):  
Domestic Violence ◽  
Battered Women ◽  
Partner Violence ◽  
Community Intervention ◽  
Community Sample ◽  
Theory And Practice ◽  
Mandatory Arrest ◽  
Heterosexual Women ◽  
Domestically Violent ◽  
Court Mandated

With increasing emphasis in recent years on mandatory arrest for partner violence, there has been a concomitant increase in the number of females arrested for assaulting their partners. The present paper describes the process one community experienced to understand and appropriately intervene with women who had been arrested for domestic violence and referred to court-mandated treatment. Issues related to conceptualization of the problem, identifying intervention goals and defining the intervention targets were discussed. Research with the community sample of domestically violent indicated most were motivated by a need to defend themselves from their partner’s assaults, or are retaliating for previous batterings. As such, the intervention focused on issues of victimization and oppression. It is further suggested that intervention programs for domestically violent women must take place in the context of a broader community intervention which involves training and interaction with law enforcement and criminal justice agencies to determine criteria for arrest and prosecution of battered women when they fight back to protect themselves.

Domestic Violence Laws: The Voices of Battered Women

2001 ◽  
Vol 16 (1) ◽  
pp. 91-111 ◽  
Author(s):  
Alisa Smith
Keyword(s):  
Public Policy ◽  
Domestic Violence ◽  
Battered Women ◽  
Mandatory Reporting ◽  
Homogeneous Group ◽  
Mandatory Arrest ◽  
General Support ◽  
Exploratory Survey ◽  
The Individual ◽  
Women’S Views

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.

Prosecution of Women Arrested for Intimate Partner Abuse

2005 ◽  
Vol 20 (3) ◽  
pp. 361-376 ◽  
Author(s):  
Kris Henning ◽  
Brian Renauer
Keyword(s):  
Domestic Violence ◽  
Partner Abuse ◽  
Intimate Partner Abuse ◽  
Intimate Partner ◽  
Negative Consequences ◽  
Intimate Partners ◽  
Mandatory Arrest ◽  
Self Defense ◽  
Southern City ◽  
Female Defendants

Increasing arrests of women for domestic violence (DV) in the wake of mandatory arrest laws have generated significant concern among victim advocates, researchers, and practitioners. It is commonly believed that many, if not most, of the women arrested are victims who were acting in self-defense. Understanding how these cases are handled by prosecutors and judges is important if we wish to minimize the negative consequences of these errant arrests. The present study examines factors prosecutors in a large southern city considered when accepting or rejecting DV cases involving female defendants. The results indicate that almost one half (47%) of the cases involving women arrested for DV against a heterosexual intimate partner were rejected by prosecutors; another 16% were dismissed by a judge. Legal factors like a defendant’s prior criminal arrests, use of a weapon, victim injury, and, most important, the type of arrest (i. e., dual vs. single arrest) all affected prosecutors’ decisions to take these cases. Female defendants arrested for offending against a male intimate partner were treated more leniently than male defendants and women arrested for domestic offenses involving other types of relationships (i. e., familial, homosexual). The results highlight the need for a further study of officers’ arrest decisions in cases involving heterosexual intimate partners.

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