Police decisions to arrest for domestic violence

research on arrest decisions in the United States

Abstract

Police responses to domestic violence (DV) in the United States drastically changed in the last quarter of the 20th century. Today arrest is the preferred police response to DV articulated in almost every state code. Every state but one authorizes warrantless, probable cause arrest for crimes involving DV. Some states have passed mandatory arrest laws. In spite of the change from "no-intervention" to "pro-arrest" found in both legislations and police department policy, victim advocates and feminist scholars condemn the police for continuing to show leniency toward male suspects in domestic assault cases. Accordingly a number of studies have examined whether police under-enforce laws against DV. This paper suggests two points from the gender perspective of view. First, an officer's genderbias affects his assessment of the intimate relationship between a male suspect and a female victim, which may result in discrimination against female victims. Second, consideration of both gender and due process are required in the police response to DV cases. By reviewing six studies on arrest decisions for DV, this paper seeks to identify the factors that will significantly influence officers' arrest decisions and to delineate situational factors that may protect victims' safety and interests without risking defendants' due process rights.