Dual Arrest Research Paper

States around the country have given police the right to make warrantless arrests on in partner violence and has even limited their ability to use discretion by implementing mandatory arrests. This has made the job of the police much more difficult because they must go about handling situations like domestic violence delicately. It does not make it any easier now that the term “domestic violence” has now grown into an umbrella term including disputes between adults and children, blood relatives, and couples who sometimes are and are not married. Because the job of the police involves so many different factors and the changing social climate, it’s become quite difficult to discern whether or not having mandatory arrest laws are helpful. They

Domestic violence, or intimate partner violence, is a common problem. As a result, the criminal justice adapted to demands, especially from feminists, who bemoaned the poor response of police, and in turn, the justice system by instituting mandatory arrests. However, mandatory arrests have proven that just like protection or restraining orders, they are not effective in deterring domestic violence (Davis, 2008). Similarly, the arrests do not have a substantial effect on recidivism and create undue procedural complications for the criminal system (Zelcer, 2014). On the contrary, proponents of the approach, argue that it has a deterrent effect on the perpetrators and that it can even protect offer immediate protection for the victims (Clark, 2010). Nonetheless, using statistical evidence and arguments from scholarly sources, this position paper will expose the inefficiencies and constitutional inconsistencies that make mandatory arrests harmful for the batterer, victim, and the criminal justice system.

Domestic violence is a crime that occurs regularly within the United States. It claims millions of victims each year. There is not a specific cause to establish why domestic violence occurs. However, it has been documented that domestic violence is a product of physical, emotional, sexual, psychological, and any other forms of torture or torment that the particular abuser wishes to employ to gain control or power over their victims (Gosselin, 2005). Due to the complexity of this crime, many criminologists and socialologists have studied its causes and the effects in order to determine social policies and additional theories to better understand the causation of domestic violence. The social policies and theories that are developed from

Domestic violence against women happens around the world every day, but the main focus of location discussed in this paper is Washington State. Females are most likely to suffer domestic violence abuse from someone that they know. In such cases, it has been a spouse that is the attacker. Women escape these violent crimes and reach out for help, but not every time. Based off of the data collected, I strongly believe that females are more often victims of domestic violence than males.

When prosecuting criminal domestic violence cases too many officers constructed their entire case only on statements made by the victim. However, “victims of domestic violence are more likely than victims of other violent crime to recant or refuse to cooperate in prosecutorial efforts” (Breitenbach, 2008, p. 1256). Officers must consider that victims of domestic violence may refuse to testify because of fear of retaliation, intimidation, financial dependence, emotional attachment, and/or because they reunited with the batterer. If the victim refused to testify during court, their statement against the abuser becomes hearsay evidence. Several recent cases have had a huge influence on how those statements and hearsay evidence may be

Findings have demonstrated that the policies appear to work at first; however, later on they started to do more harm than good. In the book “Family Violence” by Liza N. Burby, she stated, “but mandatory arrest is not a long-term solution to domestic violence. It is a quick way to calm an explosive situation and to get the abused out of harm’s way” (Burby 54). This shows that mandatory arrests are not the solution for domestic violence because it has only worked when there was an “explosive situation”, but for the long run; it has made more harm than helping the people suffering from domestic violence. This findings showed that when the pro-arrest or mandatory arrest policies have worked when they first were made, but now they no longer work as expected and instead they are hurting more and more as time goes on. In the article “Mandatory Arrest Laws Do Not Reduce Domestic Violence” by John Klofas, he claims that “arrest can reduce violence in the short term but it can increase it in the long run. According to the research, arrest resulted in a doubling of the rate of violence within a year” (Klofas). This also supports the idea that mandatory arrests policies worked at first, but later they stopped working. Policies like pro-arrest were not made for the long-term use. Besides that they not only work, they have also increased the amount of violence in families who are affected by domestic violence. The harm that produces these policies has alarmingly increased, the amount of violence has doubled in only one year. There must be an alternate solution to this problem because if there is no action, people are going to be affected. In the article “Mandatory Arrest and Restraining Orders Are Ineffective” by Richard L. Davis, he stated that, “arrest reduces domestic violence in the short run but escalates

In order to combat domestic violence, many states passed laws and legislation requiring police to make warrantless arrests in response to all domestic violence calls. Harvard scholar, Radha Iyengar, who has studied domestic violence related homicide and the effects of mandatory arrest policies for domestic violence, suggests that although these policies were created to help victims, the solution of mandatory arrests in domestic violence incidents, led to many negative consequences; putting many women in danger, rather than helping them (Iyengar). Though designed to deter violence by offenders, mandatory arrest laws make women more vulnerable to being arrested themselves, lead abuse in domestic violence disputes to become more severe, and deter women from reporting violence to police (Strout).

The Minneapolis Domestic Violence Experiment is also known as (MDVE), was an experiment that evaluated the effectiveness of the police when they responded to domestic violence calls in Minneapolis. This experiment was conducted during early 80’s for over a year by Dr. Lawrence W. Sherman who at the time was the Director of Research at the Police Foundation that is a non-profit foundation to assist police department to become extra effective and by the Minneapolis Police Department with all the monetary support from the National Institute of Justice. The results were mix showing a deterrent effect for arrest and impacted the current police practices during the early 80’s. Ten years later, numerous law enforcement agencies implemented policies to enforce mandatory arrest, without any warrant, for domestic violence cases where the police officer had probable cause for an arrest since a crime had occurred.

Domestic violence is a crime that has increased in the recent years; therefore, recently, domestic violence has become a widely researched topic. Some of the extensive research regarding domestic violence “indicates that intimate partner violence arrest rates have risen as a direct result of the implementation of mandatory and preferred arrest domestic violence laws. However, this research also suggests that part of this increase can be attributed to an increase in the arrest rate of females in cases of domestic assault. In addition, the arrest of both parties involved in an incident, also known as a “dual arrest,” appears to have contributed to the rising rates of domestic assault arrest” (Hirschel et al., 2007, p. 255). In other words, it

Academically, Domestic violence is “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, threats, and emotional or psychological abuse. The frequency and severity of domestic violence varies dramatically.” However, in Washington State Domestic Violence includes a more limited definition. In Washington State Domestic Violence is defined as (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. This statutory definition is similar to that of many states in that it omits the “systematic pattern of power and control perpetrated by one intimate partner against the other” otherwise known as “coercive control.” The omission of this provision in the statutory language creates difficulty in obtaining domestic violence protection orders, when the victim cannot describe instances of physical violence, stalking, or sexual assault, yet lives in very real fear of their partner. In this literature review, I will analyze the phenomenon that is now known as

According the National Collation Against Domestic Violence (2015), an average of twenty people every minute are physically abused by an intimate partner. This is nearly 10 million abuse cases every year in the United States. Because of statics like these, many states have taken a tough stance against domestic violence by passing laws that require law enforcement officers to take action by making arrests. Tennessee is one such state. In Tennessee, statute requires law enforcement officers to make an arrest when there is probable cause to identify the primary suspect in a domestic assault (CITATION). Failing to do so can make the officer and the agency liable because there has been a special relationship established due to state statues.

Many of the victims, as well as abusers, experience same issues that are faced by civilians. Though society looks to law enforcement to intervene in domestic violence situations, law enforcement officers themselves may also be experiencing like situations at home. Law enforcement officers may be abusers as well as victims of domestic violence. It is essential that they receive the same help as civilians receive. It is not something to be ashamed of; it is a serious problem that needs special attention. Abusers show similar signs and causes, as well as victims experience similar abusers and abuse. What is the truth of officer-involved domestic violence?

Domestic Violence is one of the most common crimes that occur, however not all of them being reported. There are many effects and causes to this behavior in law enforcement officers that have been studied by many researchers doctors, authors, and the media. The victims of domestic violence from law enforcement officers (mostly being women) are affected by this greatly on a higher level than regular women who aren’t married to police officers or, as they have much more to lose if such acts were ever reported on their spouses. There are many theoretical causes of domestic violence from law enforcement officers, which effect their victims greatly, making it almost impossible for them to report any offense without some type of

Domestic Violence is one of the most common crimes that occur, however not all of them being reported. There are many effects and causes to this behavior in law enforcement officers that have been studied by many researchers and doctors, authors, and the media. The victims of domestic violence from law enforcement officers (mostly being women) are affected by this greatly on a higher level than regular women who aren’t married to police officers, as they have much more to lose if such acts were ever reported on their spouses. There are many theoretical causes of domestic violence from law enforcement officers, which effect their victims greatly, making it almost impossible for them to report any offense without some type of consequence of

A victim’s race may also be a obstacle to their decision to report domestic violence to the police. Most people in our society may think that White victims are more likely to report their abuse to the police; however, research shows that African American and White victims equally report abuse. Some African American victims may fear discriminatory treatment because of past experiences, but most view police as caretakers and want the police to take on a social worker approach to their altercation (Akers and Kaukinen 2009). According to Johnson (2007), African American abusers are more likely to be arrested than White abusers in same-race domestic violence altercations. African American victims supported the arrest of their abusers, but they were less likely to support prosecution.