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Mandatory Arrest: Problems and Possibilities

NCJ Number
153684
Author(s)
J Zorza; L Woods
Date Published
1994
Length
78 pages
Annotation
Mandatory arrest policies in cases of domestic assault were examined with respect to whether and under what circumstances they are effective ways to protect abused women.
Abstract
The analysis focused on States that had enacted mandatory arrest laws by 1991 and on studies, reports, and experiences of advocates and others with contact with battered women in the states with histories of mandatory arrest. The analysis revealed that these laws increase arrest and shorten the time involved in putting victims in contact with helping agencies. Mandatory arrest also communicates to the entire community that domestic assault is a crime. However, disproportionate arrests of women and dual arrests are common. In addition, many minority victims are thrust into the criminal justice system without support from culturally and racially supportive domestic violence programs. Moreover, mandatory arrest requires a large and long-term commitment of resources. Findings suggested that mandatory arrest is not an automatic solution to the complex problems of domestic violence. A mandatory arrest law should be enacted only as part of a coordinated response to domestic assault. As part of a carefully planned community system with sufficient resources and monitoring, mandatory arrest can improve protection for battered women and their children. Reference notes and appended chart and summaries of mandatory arrest laws in 25 States