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Mandatory Arrest and Prosecution Policies for Domestic Violence: A Critical Literature Review and the Case for More Research to Test Victim Empowerment Approaches

NCJ Number
175982
Journal
Criminal Justice and Behavior Volume: 25 Issue: 3 Dated: September 1998 Pages: 306-318
Author(s)
L G Mills
Date Published
1998
Length
13 pages
Annotation
This critical literature review maps the domestic violence mandatory arrest and prosecution empirical research published to data and argues for a shift in the direction of future domestic violence research.
Abstract
New laws and policies in domestic violence cases, such as mandatory arrest and no-drop prosecution, have been implemented despite empirical evidence that arrest and prosecution may not in fact deter future violence. This literature review suggests a shift in the direction of future domestic violence research, contending that victim empowerment is a critical missing variable in previous studies designed to assess domestic-violence recidivism. A method is presented for incorporating and assessing such factors as both court and personal empowerment in future studies. Without this additional empirical data, information is lacking on exactly how the criminal justice system should respond to domestic violence. Given these limitations, the author recommends that jurisdictions spend their resources on developing programs that will provide tailored services to battered women, rather than spending them on mandatory policies. Toward this end, funds should be allocated to train law enforcement personnel to distinguish the fearful victims from those who can be empowered. Such training would include a "crash" course on the realities that battered women face, especially the financial, cultural, and emotional interests that force them to stay in abusive relationships. 38 references