Police Response to Mandatory Arrest Laws

1995 ◽  
Vol 41 (4) ◽  
pp. 430-442 ◽  
Author(s):  
Sylvia I. Mignon ◽  
William M. Holmes

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.

2017 ◽  
Vol 30 (7) ◽  
pp. 1023-1042 ◽  
Author(s):  
Leila B. Dutton ◽  
Tracy L. Tamborra ◽  
Meagan Pittman

This study is a preliminary assessment of police officers’ and victim advocates’ experiences with and perceptions of the Lethality Assessment Program (LAP), a program involving the collaboration between police departments and domestic violence (DV) agencies designed to prevent fatal and serious DV. Participants included 168 officers from 22 police departments and 63 advocates from 10 DV agencies. Results from online surveys indicated that officers and advocates had favorable perceptions of one another. Officers found the LAP to be less effective as a tool to deal with DV cases than advocates. Analysis of qualitative data revealed that officers and advocates identified a number of positive by-products of the LAP, but officers cited more negative by-products than advocates. Recommendations for policy and future research are provided.


2020 ◽  
pp. 107780122093082
Author(s):  
Laura Johnson ◽  
Elisheva Davidoff ◽  
Abigail R. DeSilva

In New Jersey, collaboration between police departments and advocates from domestic violence organizations is mandated by state policy, which requires law enforcement agencies to participate in domestic violence response teams (DVRTs). The purpose of this study is to examine factors that motivate police officers to implement DVRT. Twenty-four semi-structured interviews were conducted with DVRT coordinators and domestic violence liaison police officers. Findings suggest that police motivation for implementing the intervention is often influenced by perceived benefits to police response and investigation, perceived benefits to victims, the need to comply with mandates, and recognition of domestic violence as a serious crime.


Partner Abuse ◽  
2010 ◽  
Vol 1 (2) ◽  
pp. 200-219 ◽  
Author(s):  
Scott W. Phillips ◽  
James Gillham

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.


1990 ◽  
Vol 5 (1) ◽  
pp. 37-49 ◽  
Author(s):  
Sandra M. Stith

Although police officers are often the first group outside the family to intervene in domestic violence situations, little is known about how individual and family characteristics influence the male police officer’s responsiveness in these situations. This study addressed this issue with data from 72 midwestern male police officers. The officers were asked to respond to vignette scenarios in which husbands had assaulted their wives. Three variables previously related to spouse abuse (sex role egalitarianism, approval of marital violence, and marital stress) and the officer’s use of violence in his own marriage were entered into a path model to predict three different possible police responses (i.e., mediating response, arrest, and antivictim response). The model predicted significant variance in the officer’s hostile response to victims of domestic violence but not to his likelihood of arresting abusers or mediating between the abusive couple. Implications for understanding domestic violence and police response are presented.


2007 ◽  
Vol 22 (2) ◽  
pp. 158-171 ◽  
Author(s):  
John Fantuzzo ◽  
Rachel L Fusco

Police officers served as public health sentinels to collect data on children exposed to domestic violence events (DVEs) across an entire municipality for 1 year. These officers used a standard, validated protocol to collect data on all investigate DVEs. This study extended previous research by including data demographic data on children in the household at the time of the DVE and investigating children’s direct sensory exposure to DVEs. Findings revealed that almost half of all events had children present, and 81% of these children were directly exposed to DVEs. Children under the age of 6 years old were at greater risk of direct sensory exposure. Domestic violence households with children were more likely to be low-income, non-White, and headed by a single female compared to households at large. Logistic regressions revealed that six major DVE variables were related to children being directly exposed. These included father as perpetrator, victim injury, weapon use, non-White victim, mutual assault, and arrest of perpetrator.


Author(s):  
Annemarie Millar ◽  
Michael Saxton ◽  
Carolina Øverlien ◽  
Ruth Elliffe

AbstractAlthough the police have been identified as a key service provider when responding to domestic violence and abuse (DVA), very few studies have investigated their response in relation to children. This review aims to examine children’s experiences of police response in the context of DVA and to explore how the police understand and respond to children living with DVA. A rapid review of the empirical literature on the police response to DVA involving children was undertaken. PsycINFO, Web of Science and ProQuest were searched. Studies with a qualitative element, concerning children under 18 with experience of police involvement, or police experiences of children, in the context of DVA were included. The final sample comprised of six studies. Using reflexive thematic analysis, four key themes emerged in relation to children: children’s experiences of DVA; fear, uncertainty, and mistrust of police; confronting “childism”: a matter of children’s rights; and going beyond empathy: equality and justice. Regarding the police, three key themes emerged: variability in police response; limited view of police role; lack of professional competence. The findings underscore the need for awareness raising and an urgent review of the training officers receive regarding the impact of DVA on children. They also highlight the pivotal role of police when responding to DVA where children are present, as well as to advance the frontiers of research by including not only adults and professionals but also the most vulnerable DVA victim: the child.


Author(s):  
George T. Patterson

Police social workers are professionally trained social workers or individuals with related academic degrees employed within police departments or social service agencies who receive referrals primarily from police officers. Their primary functions are to provide direct services such as crisis counseling and mediation to individuals and families experiencing social problems such as mental illness, alcohol and substance use and abuse, domestic violence, and child abuse, among others. Additional functions of police social workers include training police officers in stress management, mental illness, substance abuse, domestic violence, and child abuse; providing consultation to police officers; and counseling police officers and their families.


2000 ◽  
Vol 27 (5) ◽  
pp. 561-580 ◽  
Author(s):  
ROBERT J. KANE

The present analysis examines the extent to which police officers arrest domestic violence offenders who violate restraining orders. The study develops a theoretical framework, referred to as the custody-threshold thesis, that considers the decision to arrest to be a function of the officers' goals to satisfy one of several purposes of custody. Findings from logistic regression modeling show that restraining-order violations in domestic violence incidents have the greatest impact on arrest probability when risk of injury to the victim is low, but that as risk increases, the predictive strength of restraining-order violations diminishes. Findings support the custody-threshold thesis, suggesting important policy implications, which are identified and discussed.


Partner Abuse ◽  
2011 ◽  
Vol 2 (2) ◽  
pp. 224-245 ◽  
Author(s):  
John Hamel,

A major component of in the effort to reduce domestic violence in our communities has been a vigorous criminal justice response, one that holds perpetrators accountable for their actions and helps victims feel safe. In light of research finding higher rates of arrest per calls made to police and a corresponding decline in domestic violence crimes, mandatory arrest and pro-arrest laws were initially welcomed by advocates. When, however, it was apparent that these same laws led to a large number of dual arrests, and a proportionately greater increase in arrests of women compared to men, advocates started calling for primary aggressor or dominant aggressor laws. These laws, adopted in several states, including California, direct police officers to consider context and abuse history so that victims are not wrongfully arrested. A review of the relevant literature is conducted, as well as an examination of two law enforcement training programs, suggesting that primary aggressor and dominant aggressor laws, although written in gender-neutral language, are gender biased (mostly against men), are difficult to properly implement, and may, at times, be counterproductive in reducing domestic violence. Alternatives are then presented for consideration.


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