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Mandatory Arrest for Domestic Violence: The Courts' Response

Few domestic violence offenders are prosecuted for their crimes, but it is not known which offenders are most likely to receive this most serious treatment. This study examines the nature of prosecution within a state that employs a mandatory arrest policy. A population of 448 cases of intimate family violence was examined using court and police records. Only 14 percent of the offenders were found to have been prosecuted and convicted. The legal characteristics of the crime and the offender most clearly distinguished prosecuted cases from cases that were dismissed or nolle prosequi. Social factors, such as the age and relationship of the defendant, however, may have influenced the decision not to prosecute. Variations in the treatment across courts and dual arrest are implementation problems of this new policy.