NCJ Number
200105
Journal
Criminology & Public Policy Volume: 2 Issue: 2 Dated: March 2003 Pages: 313-318
Date Published
March 2003
Length
6 pages
Annotation
In this reaction essay, the author responds to research that questions the role of the criminal justice system, and arrest in particular, in reducing domestic violence.
Abstract
Since domestic violence was rediscovered in the 1970’s, much public concern has been aimed at how to reduce this problem. Before addressing the issue of what should be done about domestic violence, the author defines several aspects about domestic violence including what counts as “violence,” why does this type of violence occur, and what is the solution. Finally, the author addresses what the role of the criminal justice system should be in cases of domestic violence. She reviews the recent research that suggests mandatory arrest policies may not be deterring domestic violence and has the negative consequence of clogging an already clogged legal system. She takes aim at these conclusions and states that if nothing is to come of arresting domestic violence aggressors, then of course criminal justice policies will seem to be of no help. The answer is not to arrest the perpetrator and then release him with no consequences. The answer is to follow up arrest with whatever will work, be it treatment or confinement or any number of new and emerging interventions. The author concludes that it is not okay for the criminal justice system to turn a blind eye to one type of pervasive violence just because it happens within homes.