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Mandatory Arrest Laws Are Unjust (From Domestic Violence: Opposing Viewpoints, P 116-126, 2000, Tamara L. Roleff, ed. -- See NCJ-185753)

NCJ Number
185768
Author(s)
Janell D. Schmidt; Lawrence W. Sherman
Date Published
2000
Length
11 pages
Annotation
Studies conducted in 1992 in six cities found mandatory arrest deterred violence in some cases but actually increased the risk of further episodes of violence in other cases.
Abstract
Beginning in 1986 and early 1987, police departments in Omaha, Milwaukee, Charlotte, Miami, Colorado Springs, and Atlanta began controlled studies to replicate findings from Minnesota on the impact of mandatory arrest in domestic violence cases. Findings indicated both deterrent and backfiring effects of arrest. Arrest cured some abusers but made others worse, arrest eased the pain for victims of employed abusers but increased it for those who had unemployed partners, and arrest assisted white and Hispanic victims but fell short of deterring further violence among black victims. A central finding was that arrest increased domestic violence recidivism among suspects in Omaha, Charlotte, and Milwaukee. Different results in the six cities indicated arrest had a different effect on suspects from different kinds of households. Policy and research implications of the findings are discussed. Five policy recommendations are offered: repeal mandatory arrest laws, substitute structured police discretion, allow warrantless arrests, encourage the issuance of arrest warrants for absent offenders, and encourage special police units and policies to focus on chronically violent couples.

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