Document Title: Explaining the Prevalence, Context, and Consequences of Dual Arrest in Intimate Partner Cases

This Department of Justice funded project provides the first large-scale examination of the police response to intimate partner violence and of the practice known as “dual arrest. ” A “dual arrest” occurs when the police arrest both parties involved in an incident. The current research addresses deficiencies in prior research through a two-stage data collection process. In Phase I, we examined all assault and intimidation cases in the year 2000 National Incident-Based Reporting System (NIBRS). This database contains 577,862 police records from 2,819 police departments in 19 states. Using this database and additional information on state law, we investigated the circumstances in which police arrest one of the parties, arrest both parties, and arrest no one in intimate partner, other domestic, acquaintance, and stranger cases. Based on our findings in Phase I, we selected 25 police departments in four states for more intensive examination of domestic violence cases. We conducted on-site visits, examined police records and documents, and conducted interviews. We also followed cases through the court system, and checked for subsequent re-offending. In addition, we surveyed police departments in five states in order to investigate the interrelationships among statutory frameworks, departmental policies, and actual arrests rates. Arrests for domestic violence in states with mandatory arrest laws and preferred arrest laws were significantly higher than those for departments in discretionary states. These higher arrest rates were observed in acquaintance and stranger cases as well, revealing an apparent spillover effect. Factors significantly increasing the likelihood of arrest include offense seriousness, presence of a minor, and offender race. In Phase I analyses location of the incident (in a residence versus elsewhere) was also significantly associated with likelihood of arrest. In Phase II, however, this variable was replaced by whether the offender had remained on the scene. The overall dual arrest rate was 1.3%. Dual arrest rates were higher for intimate partner (1.9%) and other domestics (1.5%) than for acquaintance (1.0%) and stranger (0.8%) cases. The existence of mandatory arrest laws (but not preferred arrest laws) significantly increased the likelihood of dual arrest. Dual arrest was significantly more likely to occur in cases involving same sex couples as opposed to heterosexual couples. Although the existence of a mandatory or preferred warrantless arrest law increased the likelihood of arrest, prosecutorial decision-making and court outcome indicate that cases in states with mandatory warrantless arrest provisions are more likely not to end up in conviction than cases that take place in states with discretionary arrest laws. Seriousness of the current offense, injury, the offender’s criminal history and offender race are all significantly associated with the likelihood of conviction. Determinants of reoffending include prior record, the involvement of alcohol or drugs in the presenting incident, and offender sex with males being more likely than females to reoffend. The policy implications of these results are discussed. xiii This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice.