Mandatory Arrest and No-Drop Policies: Victim Empowerment in Domestic Violence Cases

Abstract

In recent decades, arrest and prosecution have been applied to perpetrators of domestic violence with increasing severity, representing an important step in recognizing domestic violence as a crime. Some jurisdictions have taken the war against domestic violence a step further, by employing aggressive "mandatory arrest" and "no-drop prosecution" policies. These policies have been met with mixed reactions from advocates of battered women and law enforcement agencies, who debate the effectiveness of the policies, both in curbing crime and in treating the needs of victims. This Note analyzes whether and to what extent specific aggressive arrest and prosecution policies are compatible with a victim-centered empowerment approach to domestic violence advocacy. It concludes by recommending various compromise approaches, which treat domestic violence as the crime that it is while at the same time empowering victims to become survivors.