Mandatory Arrest and Prosecution Policies for Domestic Violence

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 critical 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 recidivism. A method is presented for incorporating and, hence, assessing such factors as both court and personal empowerment in future studies. Until empowerment theories are tested further, jurisdictions should be flexible, mandating law enforcement and prosecutors to provide tailored services, services that discern which interventions are most likely to ensure this battered woman's safety.

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