For many years now, DOJ sponsored reports have encouraged pro-arrest, preferred arrest, mandatory arrest and now default arrest policies. Regardless of the label there is no question that the majority of studies sponsored by the DOJ are recommending arrest policies “as the default position” for law enforcement...[L]aw enforcement administrators are acutely aware that if they do not adopt policies that “encourage arrest” they will not receive any funding from the multi-billion dollar Violence Against Women Act, they will face the wrath of domestic violence interveners in their community and become the targets of domestic violence litigators. 

Those quotations are from this excellent article by Richard L. Davis who has a lengthy career in law enforcement (Police One, 9/7/09).  He's also read and written widely about domestic violence, and the public policies and intellectual constructs this country relies on to address it.  One of the best things about his work is that he provides a number of links to backup research, policy papers, laws ,etc.  I encourage readers to follow some of his links, particularly the one at the end of the article that provides a link "for a more complete overview of domestic violence..."  It's highly informative.

Davis goes on to point out that the arrest policies promoted by the Department of Justice pose a serious threat to poor communities and particularly their black and hispanic male members.  He cites a study done in Berkeley, California whose racial/ethnic makeup is White - 59.2%, Asian - 16.4%, African-American - 13.6% and Hispanic - 9.7%.  The study reflects the results of the Berkeley Police Department's police of default-arrest in DV cases.  Some 68% of those arrested were African-American and 11% were white.

(Interestingly, Davis also cites a report done by the Ms. Foundation.  Predictably, it makes no mention of even the possibility of men being DV victims.  But true to its liberal heart, it is highly concerned with the arrest and incarceration of the poor and people of color, which is precisely what the Berkeley study shows that default arrest policies do.  Therefore, as a talking point, disdain for the wellbeing of men can be trumped by concern for the poor and people of color.)

Moving on,

In Berkeley approximately one in five (21 percent) arrests are being made where there is no observable criminal behavior, no injury and there are implications that the arrest exacerbated the conflict and did little to resolve the underlying problems (p. 26).

Davis goes on to say that the Berkeley study shows that default arrest policies do little to deter repeat abusers.

His bottom line is this: the Department of Justice promotes arrest as the default response to all DV incidents regardless of how minor.  It ignores the many studies that show that this doesn't work to combat serious domestic violence while jailing a population that is disproportionately poor, and black or hispanic.  And, needless to say, male.

Davis has written a lot on DV, and I'll write more on him in due course.

This entry was posted on Wednesday, November 11th, 2009 at 9:46 am and is filed under Domestic Violence/DV System. You can trackback from your own site.