PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@EndToDV.org

Law Enforcement Needs to End Mandatory Arrest to Mend Relationships with African-American Community

WASHINGTON / February 15, 2022 – In recognition of Black History Month, the Coalition to End Domestic Violence calls on law enforcement to end mandatory arrest in order to mend relationships with African-American communities. Black men are more likely to be abuse victims than offenders – each year, 1,476,000 Black men experience sexual violence, domestic violence, or stalking, compared to 1,383,000 Black women, according to the CDC (1).

Despite the fact that Black men are more often the victim, 81% of intimate partner violence arrestees are male, reports the Department of Justice (2). According to the CDC, only 21% of men who disclose being a victim of domestic violence, sexual assault, or stalking found the police to be “very” helpful, compared to 36% of women. Conversely, 52% of men, compared to 34% of women, viewed the police as “not at all” helpful (3).

An arrest gives the individual a criminal record, even if that person is later cleared of all charges (4). This makes it difficult for such persons to find a job and maintain strong relationships with family.

Mandatory and pro-arrest policies have been key components of the Violence Against Women Act since its initial passage in 1994. Mandatory arrest means law enforcement is obligated to arrest someone if probable cause of the occurrence of an offense has been established. In about half of all cases, the abuse the mutual. For this reason, it is often difficult for the police officer to figure out which of the parties is the aggressor and the victim. This uncertainty often leads to the man being arrested as a default approach.

Research shows that mandatory arrest policies may actually worsen the problem of domestic violence (5). In a Harvard University study, Dr. Radha Iyengar found that mandatory arrest laws increased subsequent intimate partner homicides (6).

Instead of reflexively relying on mandatory arrest, most Americans believe domestic violence laws “should create a system in which mental health services are used first, and criminal justice approaches reserve for the more severe or repeated cases of domestic violence (7). Forty-six state domestic violence/sexual assault coalitions have expressed regret for their over-emphasis on “increased policing, prosecution, and imprisonment as the primary solution.” (8)

Law enforcement’s relationships with the communities they serve are important and valuable. A study in New Haven, CT, focused on the relationship between civilians and police officers. This study demonstrated that positive police interactions could improve the public attitudes toward police and their willingness to cooperate (9).

Citations:

  1. Centers for Disease Control, National Intimate Partner and Sexual Violence Survey: 2010-2012 State Report. Tables 5.3 and 5.6. https://www.cdc.gov/violenceprevention/pdf/nisvs-statereportbook.pdf
  2. Matthew R. Durose et al (2005), Family Violence Statistics. U.S. Department of Justice, Family violence committed by a spouse or boyfriend/girlfriend. https://bjs.ojp.gov/content/pub/pdf/fvs.pdf , Table 5.9.
  3. CDC. National Intimate Partner and Violence Survey. 2013. https://www.cdc.gov/violenceprevention/pdf/cdc_nisvs_ipv_report_2013_v17_single_a.pdf
  1. https://endtodv.org/black-men/
  2. SAVE (2021). Women Say VAWA Programs Lack Effectiveness. https://www.saveservices.org/2021/03/women-say-vawa-programs-lack-effectiveness/
  3. Radha Iyengar (2007). Does the Certainty of Arrest Reduce Domestic Violence? https://www.nber.org/papers/w13186
  4. Coalition to End Domestic Violence (2020). Americans Call for Major Reforms to Violence Against Women Act. https://endtodv.org/americans-demand-reforms/
  5. Coalition to End Domestic Violence (2020). 46 State Abuse Coalitions Call for End to Harsh Criminal Justice Policies.https://endtodv.org/pr/46-state-abuse-coalitions-call-for-end-to-harsh-vawa-driven-criminal-justice-policies
  6. PNAS (2019). A field experiment on community policing and police legitimacy. https://www.pnas.org/content/116/40/19894