Law Enforcement Response

Historically ● Beating one’s wife was not a crime ● Police were not allowed to make arrests in misdemeanor cases - - UNLESS they witnessed the crime

Police Response in Terms of Arrest Dramatically changed since the 1980s due to: ● Changes in misdemeanor laws allowing for warrantless arrests ● Changing social views and victim advocacy work ● Increasing legal liability ● Research focusing on the impact of arrest

Grounds for arrest by officer without warrant in Tennessee T.C.A. § An officer may, without a warrant, arrest a person: ● For a public offense committed or a breach of the peace threatened in the officer's presence; ● When the person has committed a felony, though not in the officer's presence; ● When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony; ● On a charge made, upon reasonable cause, of the commission of a felony by the person arrested; ● Who is attempting to commit suicide; ● If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed within or without the presence of the officer ● If a law enforcement officer has probable cause to believe that a person has violated one (1) or more of the conditions of release and verifies that the alleged violator received notice of the conditions *This list excludes some provisions in the statute that are unrelated to domestic violence.

Some early evidence of the importance of arrest in domestic violence cases: Kansas City ● Conducted in 1973 and reported that police had been to the home for a domestic violence call at least once in 90% of the cases involving a homicide ● In 50% of the cases, police had been to the home 5 or more times Several other cities have found similar results and several have found that they had reductions in domestic homicide after implementing mandatory arrest polcies – including Knoxville and Nashville

Recall that: ● The majority of domestic violence cases are simple/misdemeanor cases not felonies Thus much of the discussion about arrest and domestic violence has focused on misdemeanor arrest ● Little controversy about the importance or impact of making arrests in felony cases

Studies that emphasize importance of arrest in misdemeanor cases Minneapolis Domestic Violence Experiment ● Officers were instructed to randomly respond to misdemeanor assault cases in one of three ways: arrest the suspect, order the suspect to leave for 8 hours, or mediate/advise the suspect about the behavior. ● Cases were then monitored to determine the effect of these options

Major Finding: Arrest Alone Deters Future Battering Data from Police Reports: ● 19% of those advised ● 24% of those order to leave ● 10% of those arrested committed another assault within 6 months Data from Victim Interviews : ● 37% of those advised ● 33% of those order to leave ● 19% of those arrested committed another assault within 6 months

After Minneapolis ● Six additional studies were funded by the federal government to replicate the Minneapolis study. Omaha, Nebraska Colorado Springs, Colorado Dade County Florida (Miami) Milwaukee, Wisconsin Charlotte, North Carolina Atlanta, Georgia

Studies found: ● Did not find much support for the Minneapolis study. Arrest was not a strong deterrent. ● Many differences in the way the studies were conducted makes it hard to compare them effectively.

Reasons to Continue Active Arrest Policies ● Arrest works no better or NO WORSE than other responses ● No other crime is required to demonstrate that arrest ALONE deters further criminality ● Rest of the system must also be effective ● Demonstrates a commitment to offender accountability ● Identifies to victim, offender and society that domestic violence is a crime; e.g. it reflects social and moral values

Reasons to Continue Active Arrest Policies (cont.) ● Documents the incident ● May be more than one way to measure effectiveness of arrest – e.g. prevention of homicides and protection of children ● Legal liability ● Helps hold the entire criminal justice system accountable.

Legal Authority to Arrest

Types of Arrest Laws/Policies ● Laws/policies that allow for arrest sometimes called Preferred or Pro- Arrest ● Laws/policies that require arrest called Mandatory Arrest

Arrest Practicies ● Legal authority Is established by legislation ● May be extended by policy as long as the policy is not less rigorous than the law ● For example, a state may have a preferred arrest law but an individual department may have a mandatory arrest policy ● However, an individual police department may not have a preferred arrest policy if state law mandates arrest

Policy Requirement (T.C.A. § ) ● All law enforcement agencies with personnel who are likely to encounter situations of domestic violence shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling, investigation and response procedures concerning reports of domestic violence to all law enforcement personnel who are likely to encounter situations of domestic violence.

Model policy ● Review model policy and compare to your departmental policy.

Tennessee Statute ● Has a preferred arrest requirement “If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed within or without the presence of the officer, the preferred response of the officer is arrest.” T.C.A. § (italics and bold added for emphasis)

Purpose of Preferred Response: Legislative Intent ● To recognize the seriousness of domestic abuse as a crime and to assure that the law provides a victim of domestic abuse with enhanced protection from domestic abuse. A further purpose is to recognize that in the past law enforcement agencies have treated domestic abuse crimes differently than crimes resulting in the same harm but occurring between strangers. Thus, the general assembly intends that the official response to domestic abuse shall stress enforcing the laws to protect the victim and prevent further harm to the victim, and the official response shall communicate the attitude that violent behavior is not excused or tolerated. T.C.A. §

Preferred response ● Means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest. ● Applies only with respect to the primary aggressor. T.C.A. § (italics and bold added for emphasis)