Factors that affect the arrest decision in domestic violence cases

• Published date: 16 March 2015
• Pages: 56-70
• Date: 16 March 2015
• DOI: https://doi.org/10.1108/PIJPSM-07-2014-0075
• Author: Kimberly M. Tatum,Rebecca Pence
• Subject Matter: Public policy & environmental management,Policing,Criminal justice

Factors that affect the

arrest decision in domestic

violence cases

Kimberly M. Tatum and Rebecca Pence

College of Education and Professional Studies, University of West Florida,

Pensacola, Florida, USA

Abstract

Purpose –The purpose of this paper is to examine domestic violence calls for service data in one

Florida county for a two-year period from July 2004 through July 2006.

Design/methodology/approach –Data for this study include information gathered on domestic

violence calls for service during a two-year period (n¼3,200). This secondary data were analyzed by

logistic regression to determine statistically significant predictor variables.

Findings –This study found that severity of crime, presence of children, presence of an injunction,

and victim injury increased the likelihood of an arrest. Victim race, location of call, victim alcohol use,

and length of relationship did not affect likelihood of arrest.

Research limitations/implications –Use of secondary data precluded examination of additional

relevant variable information.

Practical implications –The researchshows clear law violationsand seriousness of the acts correlate

to an increased likelihood of an arrest. Arrest research should inform policetraining and policy.

Social implications –The research is consistent with other research that shows that law

enforcement officers continue to play a significant role in responding to domestic violence crime and

suggest that researchers should continue to study arrest practices. In this study, arrest was more likely

when factors existed that may have indicated a more serious crime.

Originality/value –There is an ongoing need to examine agency-level response to domestic violence.

This paper adds to the literature on the law enforcement response to domestic violence. The paper

suggests areas for future research.

Keywords Domestic violence, Factors that affect arrest in domestic violence,

Intimate partner violence, Law enforcement response to domestic violence

Paper type Research paper

Introduction

The law enforcement response to domestic violence remains a closely studied topic in

social science research. Early arrest studies funded by the National Institute of Justice

in the 1980s lead to the principle that arrest in domestic violence cases deters future

offending (Sherman and Berk, 1984). Even though the findings of these studies were

widely criticized and questioned (Garner and Maxwell, 2000), arrest became the

standard approach in the law enforcement response to domestic violence crime.

In addition to the impact of early research on deterrence as a justification for arrest,

other pressures led to the enactment of laws to criminalize domestic violence and

expand the role of law enforcement, including liability concerns as an aspect of the

policy choice (Jain, 2011; Robinson and Chandek, 2000; Sherman, 1992; Sherman et al.,

1992). Despite some disagreement in the literature about the effectiveness of arrest

or even prosecution (Sherman, 1992; Sloan et al., 2013), all states have now adopted

legislation that criminalizes domestic violence and mandates or encourages arrest

when probable cause exists. Given the emphasis on arrest, researchers have focussed

on factors that influence the arrest decision (Buzawa and Hotaling, 2000).

Policing: An International Journal

ofPolice Strategies &Management

Vol. 38 No. 1, 2015

pp. 56-70

©Emerald Group Publishing Limited

1363-951X

DOI 10.1108/PIJPSM-07-2014-0075

Received 1 July 2014

Revised 7 December 2014

9 December 2014

Accepted 10 December 2014

The current issue and full text archive of this journal is available on Emerald Insight at:

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