Police Response to Mandatory Arrest Laws

Abstract

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.

Explaining the Prevalence, Context, and Consequences of Dual Arrest in Intimate Partner Cases

“…Arrest rates from data collected in the l970s and l980s were generally in the 7% to 15% range: for example, 7.3% (Dutton, 1984, based on the six observational studies he examined); 7.5% (Holmes & Bibel, 1988 in Massachusetts); 10% (Worden and Pollitz, 1984 from an examination of police/citizen encounters in Rochester, N.Y., Tampa-St. Petersburg, Florida, and St. Louis); 13.9% (Bayley, 1986 in Denver, Colorado). More recently, however, these rates have been observed to be 30% or more: see, e.g., 29% (Bourg & Stock, 1994 in South Florida); 33% (Mignon & Holmes, 1995 in Massachusetts); 34% (Buzawa & Hotaling, 2000 in Massachusetts); 36% (Robinson & Chandek, 2000 in the Midwest and Ho, 2003 in Columbia, South Carolina); 39% (Simpson et al, 2006 in Maryland); 48%, 53% and 76% (Hall, 2005 in three cities in upstate New York); 49% (Eitle, 2005 in 115 jurisdictions with one hundred or more officers); and 75% (Jones & Belknap, 1999 in Boulder, Colorado where an agency overseeing the actions of criminal justice officials had been in place for eight years and the pro-arrest policy contained a mandate that officers not only arrest batterers but also have them jailed).…”

Domestic violence and criminal justice training needs of social services workers

“…While some advocates expected that mandatory arrest laws would have an immediate impact on domestic violence case processing, studies found that it took several years for the policy to be effective (Jones & Belknap, 1999;Mignon & Holmes, 1995). As well, research on the successes of certain batterer treatment programs suggested that the criminal justice system was beginning to better serve domestic violence victims (Gondolf & Jones, 2001;Heckert & Gondolf, 2005).…”

The Impact of Officer and Agency Characteristics on the Likelihood of Arrest in Domestic Violence Situations among Rural Law Enforcement Officers

“…Research has focused on the situational factors and to a lesser degree, the characteristics of officers that influence the decision to arrest. Research among urban and suburban officers reveals that both the infliction and seriousness of injury to the victim influence arrest decisions, especially those indicating a serious physical assault had taken place (Avakame and Fyfe 2001;Finn and Stalans 1995;Hall 2005;Mignon and Holmes 1995). Furthermore, the demeanor of the suspect is important in the arrest decision, with an arrest being more likely when the suspect's demeanor with the officer(s) is poor or combative (Friday et al 1991;Waaland and Keeley 1985).…”

“…Furthermore, the demeanor of the suspect is important in the arrest decision, with an arrest being more likely when the suspect's demeanor with the officer(s) is poor or combative (Friday et al 1991;Waaland and Keeley 1985). Additionally, when the suspect appears to be under the influence of drugs or alcohol, there is a greater likelihood of arrest (Avakame and Fyfe 2001;Mignon and Holmes 1995). Furthermore, the presence of the suspect appears to increase the probability of an arrest (Hall 2005;Robinson and Chandek 2000).…”