Pro-Arrest, Mandatory Arrest, Police Discretion: Do State Policies Influence Police Response to Family Violence?

• In Event: New National Survey Data on Crime, Violence and Abuse against Children and Youth

Abstract

This paper will examine the association of statewide domestic violence laws with police actions. The data come from the National Survey of Children's Exposure to Violence. In these data, 561 of 4500 respondents reported that a youth was exposed to family violence within the past two years and hence met the inclusion criteria for the additional interview on police and service involvement. Of these, 517 (92%) agreed to participate in the follow-up interview, which included an additional $20 stipend. Incidents with police contact were prioritized, which were 25% of follow-ups. Information from the American Bar Association was used to classify state laws as pro-arrest (22% of this sample), mandatory arrest (35%), or officer discretion (43%). Surprisingly, arrest rates were highest in pro-arrest states (65%), followed by mandatory arrest (51%) and 35% in officer discretion states. Three of ten best practices were also significantly more common in pro-arrest states than in other states. More than 9 of 10 officers described orders of protection and court procedures in pro-arrest states, compared to 50% in other states. A majority of officers in pro-arrest states helped make a safety plan (71%) and gave information on shelter or alternative housing (54%), but less than half of officers in other states did so. In pro-arrest states, more than half of police officers used 6 or more best practices, compared to only 40% in mandatory arrest and 17% in officer discretion states. The results favor the pro-arrest model.

Authors

• Sherry L. Hamby, Sewanee:The University of the South

• David Finkelhor, University of New Hampshire

• Heather Turner, University of New Hampshire