Criminal Justice

Respond to both of the following:

1- In terms of the Minneapolis Domestic Violence Experiment what was its original finding? What were the results of replication studies that followed? What other factors may interact with the condition of the arrest? What advantages and disadvantages were there in the outcomes of mandatory arrest policies?

2- How might the criminal justice system (i.e. police, courts, and social service) improve their response to intimate partner abuse?

3- Make sure all arguments for each part include references to course materials and credible sources to support your opinions. If you include only personal opinions and anecdotes in lieu of research-based material this will result in a point loss as they cannot and will not be graded.

4- ALL ANSWERS ANF CITATIONS MUST BE ACCORDING TO CHAPTER NOTES THAT IS PROVIDED TO YOU AS ADDITIONAL MATERIALS

ANSWER

Domestic Violence

The Minneapolis Domestic Violence Experiment

The Minneapolis Domestic Violence Experiment was an experiment that started in 1981 to measure the effectiveness of arrest policies on intimate partner violence (Hoppe et al., 2020). The study took place in the police precincts of Minneapolis, Minnesota, which during that time had police officers with varying amounts of training about domestic violence. Law enforcement officers were randomized to receive special training, develop guidelines for arrests in domestic violence cases or continue their normal work routine as a control group. The result showed that women whose abusers were arrested were less likely to be re-victimized by their husbands than similar women whose husbands were not arrested (Hoppe et al., 2020). The data also showed that arrest reduced the rate of re-victimization for abused men by wives who were not arrested. The report concluded that arrests increased the likelihood of stopping the violence. The arrest became the most effective in the standard methods that police use to lower domestic violence.

The arrest decision is influenced by other factors such as structural factors, offender factors and victim factors. These may include the seriousness of the crime, law and agency policy, as well as officer factors such as role conflict and service roles.  Situational factors such as the severity of the crime, presence of injunction, presence of children and victim injury also affect the likelihood of arrest.

Mandatory arrest policies were adopted to lower future domestic violence. Mandatory arrest policies have enhanced the powers of the police and granted new criminal sanctions to the judiciary. These policies have also increased enforcement and availability of civil restraining orders as well as educated the public about the problem. Mandatory arrest policies have led to a lower repeat of offending rates among certain individuals that are employed and married (Hoppe et al., 2020). The risk of retaliation may increase due to a prior record of violence.

On the other side, mandatory arrest policies have disadvantages that have worked against the best interest of the victims. Mandatory arrest policies have disempowered the victims. For instance, mandatory arrest policies have also led to dual arrests of both the victim and perpetrator despite the fact that the victim has been threatened, physically assaulted and injured. Arrests have been made when a police officer has probable cause to believe that a domestic violence offence has been committed. Mandatory arrest policies have led to limitations such as women not reporting the crimes against them, men who are innocent or wrongfully accused of domestic violence/abuse and, on top of that, claims of false accusations (Bridgett, 2020). The mandatory arrest policies have created an environment where some women will refuse to report their abusers because they fear having them arrested; thus, leaving them in danger. Mandatory arrest laws have also been blamed for helping to create an environment where men are arrested instead of women, despite the fact that they were not involved in any violence.

Criminal justice system Response to Intimate Partner Violence

The criminal justice system should focus on practical responses to help the victims and victimizers. There is a need for a prosecution policy and active involvement of courts to establish meaningful sentences and convictions in intimate partner violence. The criminal justice system should respond to intimate partner abuse through policies and programs which will motivate victims to take action as well as lower and prevent abuse (Bridgett, 2020). Programs and policies should seek to eliminate cultural and structural inequalities between men and women.

Community-based strategies such as educational, social and legal reforms and environmental changes that increase self-esteem and personal safety will play an essential role in responding to intimate partner abuse (Maxwell, 2019). Community-based interventions that address individual risk factors (such as substance abuse), help victims cope with abusive behaviours, provide support networks for victims, encourage abusers to change their attitudes towards women, focus on attitudinal changes in the community that will support survivors of violence are effective measures to prevent or reduce intimate partner abuse. The criminal justice system can also rely on informal strategies such as increasing victim participation. Information is key in improving response to intimate partner violence.

References

Bridgett, A. (2020). Mandatory-Arrest Laws and Domestic Violence: How Mandatory-Arrest Laws Hurt Survivors of Domestic Violence Rather Than Help Them. Health Matrix, 30, 437.

Hoppe, S. J., Zhang, Y., Hayes, B. E., & Bills, M. A. (2020). Mandatory arrest for domestic violence and repeat offending: A meta-analysis. Aggression and violent behaviour, 53, 101430.

Maxwell, J. R. (2019). Responding to domestic violence incidents: A collective approach.