http://docs.google.com/viewer?a=v&q=cache:3BaMRPmjgscJ:www.uvm.edu/~honcoll/S09_Thesis/Strout_Anna_Thesis.pdf+problems+with+the+new+domestic+violence+laws+mandatory+dual+arrests&hl=en&gl=us&pid=bl&srcid=ADGEESijG7v_GQbgC0w-qupX-3mNbxSLAfwVzYi8hNl0RYbW03QpvD4VUsBn1_zT5zbvOkqCfxOJbf-L1K9LZ_gAMm2I4s3LbTka1qxutY03AMLY68k-0RYgm1NpAnJFzFne-zVippVc&sig=AHIEtbRBof2v8m2jT0KGWA9AAzTXhaf8Aw
Reluctance to seek police help
There are a number of unintended consequences that have become a concern since
the implementation of mandatory arrest laws. While it is unclear how these laws may
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impact victims’ behavior and their willingness to seek police help, the issue may be further
aggravated by the problem of dual arrests (Miller 2005). Dual arrest is when “both parties
allege that the other was the aggressor, leading the police to arrest both parties, including
the innocent victim who may have been acting in self-defense” (Miller 2005:107). There is
data that shows that more women have been arrested since the implementation of
mandatory arrest policies (Belknap & Potter 2005). For instance, a 1998 study of arrests in
Los Angeles showed that “with the use of mandatory arrest policies, three times as many
women were arrested, compared to less than twice as many men” (Dayton 2003:4). This is
problematic because dual arrest can have significant consequences for an innocent victim
such as, “the loss of victim status and rights such as access to transportation to a safe
location, temporary housing in a shelter, issuance of a restraining order, and participation in
victim assistance and empowerment programs, loss of employment, loss of child custody,
and loss of free legal assistance” (Miller 2005:108). Therefore, these unintended
consequences may also deter victims from seeking police help or intervention in fear of any
of these outcomes.
Disproportionate Outcomes
In light of the problems of dual arrest, there has been some effort to address the
concern that innocent victims are mistakenly being arrested. A number of states have
“mandated that officers receive training to develop their abilities in handling domestic
complaints effectively” (Rizer III 2005:6). Some states have also adopted primary
aggressor standards to prevent dual arrests. This gives the officer the power to distinguish
the primary aggressor and only arrest that individual (Miller 2005). However, there is
concern that this may favor certain batterers or still produce disproportionate outcomes
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(Miller 2005). For instance there is concern that these policies are discriminatory, because
there is a bias against males and police will usually arrest the male even if there isn’t
evidence to support the arrest (Rizer III 2005). However, there are also arguments that this
still results in more female arrests because officers must make a judgment based on who
has “the better story”, and that “this is especially the case when the batterer appears calm in
contrast to the victim who seems to be incoherent and near hysteria” (Miller 2005:108).
More Violence
Another unintended consequence of mandatory arrest policies is that arresting
batterers could provoke them to become more violent and take it out on their partner
(Iyengar 2007). For instance, a recent study has shown that although rates of murders by
intimate partners have decreased over the past 20 years, when comparing states with
mandatory arrest laws they have about a 50% higher homicide rate than states without such
laws (Iyengar 2007:9). Iyengar (2007) assumes that this increase in homicides is a result of
mandatory arrest policies deterring victims from calling the police. This is based on the
idea that police intervention may keep the level of violence from escalating, but if victims
are reluctant to call because they don’t want their batterers to be arrested, this intervention
or de-escalation of violence is less likely. There has also been literature that suggests that
arrest doesn’t deter violence, but rather it may in some cases cause a backlash towards
victims when the batterer is released (Dayton 2003). In order to get a more comprehensive
picture beyond the literature and debate, previous research on the impact of mandatory
arrest policies on domestic violence will be discussed.
III. REVIEW OF PRIOR RESEARCH
Introduction