Type:	Journal Article
Title:	Punitive action or gentle persuasion exploring police officers’ justifications for using dual arrest in domestic violence cases
Other Titles:	Violence against women
Authors:	Finn, Mary A Bettis, Pamela
Keywords:	Policing;Legal issues
Year:	2006
Publisher:	Sage Publications
Citation:	12 (3), March 2006
Notes:	This US paper referred to mandatory and preferred arrest policies and the backlash that victims receive when they are arrested with their batterers (known as dual arrest). At the time the paper was written, there was only minimal prior research which examined the reasons why officers engaged in dual arrests. Literature reviewed by the authors covers the topics: Women’s Use of Violence Against Male Intimate Partners; Understanding the Controversy; The Development of Domestic Violence Legislation; Research on Dual Arrests; and Research on Police Decisions to Arrest. This study examined the rationales used by police officers to justify dual arrests in a preferred arrest jurisdiction (where the law instructs police to identify the primary aggressor). A script depicting a hypothetical domestic violence situation was used. Respondents consisted of 24 police officers who were divided into two categories based on their experience level: novice/mandate officers or in-service officers. Each received one script depicting a hypothetical domestic violence situation where both the wife and husband made counterclaims that the other was the aggressor. Variations in the scripts included the wife presenting with injuries; the wife presenting with no injuries; and a variation in whether the couples were conciliatory or antagonistic toward each other at the conclusion of the police interviews. Findings from the study indicated that officers referred to their jurisdiction’s Family Violence law when making dual arrests, although there was misinterpretation and non-compliance with stipulated action that officers were to take (such as fully investigating the situation when counterclaims were made). Officers also made dual arrests to ensure that both parties received help (eg. counselling, shelter) through the criminal legal system. A number of concerns are discussed regarding the justification of dual arrests and the negative implications it can have on victims (such as victims being punished). The authors suggest that dual arrest incidents may be reduced if departments adopt policies to discourage this practice and recommend greater scrutiny of incidents where dual arrest is used.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/16442
ISSN:	1077-8012
Appears in Collections:	Journal Articles

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