Situational Variability in Arrest Practices in Incidents of Domestic Violence: A Conjunctive Analysis of Differential Treatment among States with and without Mandatory Arrest Policies

• In Event: Examination of Contextual Factors in Intimate Partner Violence

Abstract

Arrest policies in cases of domestic violence (DV) vary widely across U.S. states. Some states have very restrictive policies and others allow for far greater officer discretion. Using NIBRS data on crime incidents and the method of conjunctive analysis, the current study explores the nature and magnitude of situational variability in the likelihood of cases of domestic violence leading to an arrest within and across states that differ in the restrictiveness of their DV arrest policies. Two specific questions underlie this research: (1) is the likelihood of arrest in DV cases more likely in states with mandatory arrest laws than in states that allow more police discretion in arrest? and (2) are these differences across mandatory vs. discretionary states maintained across different situational contexts (i.e., different types of DV cases defined by the particular victim-offender relationship, the demographic profile of the victim and offender [e.g., gender, race, age the location, time of the offense, its physical location, and the degree of injury suffered]). The results of this study are discussed in terms of their implications for public policy and future research.

Authors

• Wendy Regoeczi, Cleveland State University

• Terance D. Miethe, University of Nevada, Las Vegas