Mandatory, Preferred, or Discretionary: How the Classification of Domestic Violence Warrantless Arrest Laws Impacts Their Estimated Effects on Intimate Partner Homicide

Abstract

Warrantless arrest laws for domestic violence (DV) are generally classified as discretionary, preferred, or mandatory, based on the level of power accorded to police in deciding whether to arrest. However, there is a lack of consensus in the literature regarding how each state's law should

Deterring Future Incidents of Intimate Partner Violence

“…Moreover, it is not clear that the finding of increased homicide in response to mandatory arrest laws holds at lower levels of aggregation or for non-lethal intimate partner violence. Zeoli, Norris, and Brenner (2011) found mandatory arrest laws have no significant effect on intimate partner homicide in 46 U.S. cities. Similarly, Xie, Lauritsen, and Heimer (2012) used geocoded self-report data from the National Crime Victimization Survey for 40 metropolitan statistical areas and found no effect of such laws on non-lethal intimate partner violence.…”

“…However, given the findings of Xie et al (2012) and Zeoli et al (2011), whether arrest is mandatory or discretionary may be substantively immaterial to subsequent outcomes. Our research cannot assess this question, but the point suggests that our findings may be generalizable to cities with or without mandatory arrest laws.…”

The impact of child welfare legislation on domestic violence‐related homicide rates

“…Prior to the 1980s, law enforcement agencies employed conflict resolution tactics (such as offering advisory or counseling services) in response to instances of domestic violence (Buzawa & Buzawa, 1993;Zeoli, Norris, & Brenner, 2011a). In 1981-1982, a large-scale randomized experiment was conducted 5 in Minneapolis known as the Minneapolis Domestic Violence Experiment (MDVE), where it was found that arresting the abuser was more effective in reducing future occurrences of domestic violence (Buzawa & Buzawa, 1993;Sherman & Berk, 1984).…”

Victims’ Perceptions of Police Response to Intimate Partner Violence

“…The level of discretion given to officers varies from state to state: Some states allow for full discretion, some states indicate a preference for arrest, and some states mandate arrest, allowing for little to no discretion (Zeoli, Norris, & Brenner, 2011). Mandatory arrest policies have been the most controversial, and, as previously discussed, there is much disagreement about whether they are effective and/or appropriate.…”