Mandatory, Preferred or Discretionary: How the Classification of Domestic Violence Warrantless Arrest Laws Impacts Their Estimated Effects on Intimate Partner Homicide

MSU Legal Studies Research Paper No. 11-04

Evaluation Review, Vol. 35(2), 2011

26 Pages Posted: 9 Apr 2013

See all articles by April M. Zeoli

April M. Zeoli

Michigan State University - School of Criminal Justice

Alexis Norris

Michigan State University

Hannah Brenner

California Western School of Law

Date Written: March 27, 2011

Abstract

Warrantless arrest laws for domestic violence (DV) are generally classified as discretionary, preferred, or mandatory, based on the level of power accorded to police in deciding whether to arrest. However, there is a lack of consensus in the literature regarding how each state’s law should be categorized. Using three classification schemes, this study examined whether variations among these schemes impact research outcomes by analyzing the effects of discretionary, preferred, and mandatory warrantless arrest laws on intimate partner homicide (IPH). Variations in classification schemes and in the dates of law passage presented in the literature resulted in differing estimated effects of the laws.

Keywords: domestic violence, criminal law, legislation

Suggested Citation

Zeoli, April M. and Norris, Alexis and Brenner, Hannah, Mandatory, Preferred or Discretionary: How the Classification of Domestic Violence Warrantless Arrest Laws Impacts Their Estimated Effects on Intimate Partner Homicide (March 27, 2011). Evaluation Review, Vol. 35(2), 2011. Available at SSRN: https://ssrn.com/abstract=2246993

April M. Zeoli

Michigan State University - School of Criminal Justice ( email )

East Lansing, MI 48824
United States

Alexis Norris

Michigan State University ( email )

Agriculture Hall
East Lansing, MI 48824-1122
United States

Hannah Brenner (Contact Author)

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

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