Tuesday, August 7, 2007

A Downside of Mandatory Arrest Laws

Again from the NYT, I column about the consequences of mandatory arrest laws:

What the laws did not take into account was that eventually the victims of violence would come to realize that if they called the police, their abuser would certainly be arrested. And over the years, it turns out, that realization seems to have led victims to contact the police less.

The mandatory arrest laws were intended to impose a cost on abusers. But because of psychological, emotional and financial ties that often keep victims loyal to their abusers, the cost of arrest is easily transferred from abusers to victims. Victims want protection, but they do not always want to see their partners put behind bars.

In some cases, victims may favor an arrest, but fear that their abusers will be quickly released. And many victims may avoid calling the police for fear that they, too, will be arrested for physically defending themselves. The possibility of such “dual arrests” is most worrisome for victims who have children at home.


Oops. Then again, I don't think this will be much of a surprise to many of the feminist women I know. How about this:

But in states with mandatory arrest laws, the homicides are about 50 percent higher today than they are in states without the laws.


Damn. Problem.

I'm thinking that maybe this whole "mandatory" anything when it comes to law enforcement is a bad idea.

I'm also remembering that since police officers and military folks tend to be 50% more abusive than anyone else, maybe there's a far deeper problem here.

I Blame The Patriarchy.

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