Mandatory arrest laws require police to arrest an alleged domestic abuser regardless of evidence or the victim’s will. Supporters argue it can save lives, but opponents suggest it may reduce the likelihood of victims calling the police. The policy has been adopted by more than 20 US states and other countries. Proponents argue it physically protects victims who are too afraid to press charges, but detractors suggest it can have the opposite effect, and the opportunity for misuse is huge. Critics argue safeguards must be in place to protect the defendant’s rights.
A mandatory arrest law is a domestic violence law that requires police to arrest an alleged abuser regardless of evidence or the victim’s will. Mandatory arrests are common in some regions but not used in others, due in part to considerable controversy over the validity of the law. While supporters say the mandatory arrest can save lives and may be more effective than other police domestic abuse tactics, opponents suggest it may actually reduce the likelihood that abuse victims will call the police and sometimes ignore the police. defendant’s rights by failing to request evidence or probable cause for arrest.
Mandatory arrest laws gained popularity following a 1984 study conducted in Minneapolis, Minnesota. According to this study, police found that arrest was the most effective means of spreading a domestic violence situation and preventing an abuser from continuing to beat his victims. She also found a strong correlation between the abuser’s place in the community and their willingness to change behavior; in cases with a strongly connected defendant, post-arrest shame was thought to be a primary motivating factor in behavior change. In the decades since, more than 20 US states, as well as other countries such as New Zealand, have adopted mandatory arrest or pro-arrest domestic abuse policies.
The argument for mandatory arrest is based on the findings of the 1984 study, as well as the general belief that removing an alleged abuser from contact with a victim is a means of protection for all involved. Proponents argue that insisting on arrest regardless of the victim’s wishes may be important, since victims are often victims of psychological and physical abuse and may not be able to rationally assess the situation. The goal of mandatory arrest is to physically protect victims who are too afraid of retaliation to press charges on their own.
Unfortunately, detractors suggest that politics can sometimes have the exact opposite effect. Victims of abuse, knowing an arrest will occur, may be too afraid to call the police for fear of retaliation from their abuser. According to some experts, the shame felt by the abuser upon arrest can be channeled into anger towards the victim, which can sometimes spark further violence and even murder. Because an arrest doesn’t guarantee a conviction, permanent restraining order, or other protection, a victim who calls the police may find her attacker at the door within hours or weeks, and may be too scared or guilt-ridden to call for help again. .
The mandatory arrest policy also takes into account the rights of the accused. Unless the statute specifies that there must be probable cause for the arrest, such as evidence of injury or testimony, law enforcement must arrest the alleged abuser regardless of any factors. The opportunity for misuse of this type of law can be huge, as even a neighbor misinterpreting sounds heard through a wall could lead to a mandatory arrest. Because domestic abuse allegations can do considerable damage to personal and professional reputations, critics argue that safeguards must be in place to protect the defendant’s rights.
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