Hannah Brenner

A Summary and Analysis of Warrantless Arrest Statutes for Domestic Violence in the United States

In the United States, all 50 states and the District of Columbia have enacted statutes that allow police officers to make warrantless arrests for domestic violence given probable cause; however, state laws differ from one another in multiple, important ways. Research on domestic violence warrantless arrest laws rarely describe them as anything more than discretionary, preferred, or mandatory, either within their analyses or within the texts of their publications; researchers, and their audiences, may not be aware of the vast and potentially important differences among these laws. In this article, we list the domestic violence warrantless arrest laws for each state, and discuss them in terms of five common elements: the phrasing of the arrest authority; whether additional factors to domestic violence are required to trigger the arrest authority; qualifications to the arrest authority; time limits for warrantless arrest to occur; and whether police officers are required to report why they made a dual or no arrest. We then analyze the common elements of the laws, paying particular attention to how they may encourage or discourage the arrest of alleged domestic violence perpetrators. It is critical that researchers, advocates, and policymakers are aware of these variations in state statutes when conducting or interpreting research or making policy recommendations.

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

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.

Reporting Sexual Victimization During Incarceration Using Ecological Theory as a Framework to Inform and Guide Future Research

The U.S. Department of Justice estimates that between 149,200 and 209,400 incidents of sexual victimization occur annually in prisons and jails. However, very few individuals experiencing sexual victimization during incarceration report these incidents to correctional authorities. Federal-level policy recommendations derived from the Prison Rape Elimination Act suggest mechanisms for improving reporting as well as standards for the prevention, investigation, and prosecution of prison-based sexual victimization. Despite these policy recommendations, sexual assault persists in prisons and jails, with only 8% of prisoners who experience sexual assault reporting their victimization. This review focuses on gaps in the existing research about what factors influence whether adult victims in incarcerated systems will report that they have been sexually assaulted. Using ecological theory to guide this review, various levels of social ecology are incorporated, illuminating a variety of factors influencing the reporting of sexual victimization during incarceration. These factors include the role of individual-level behavior, assault characteristics, the unique aspects and processes of the prison system, and the social stigma that surrounds individuals involved in the criminal/legal system. This review concludes with recommendations for future research, policy, and practice, informed by an ecological conceptualization of reporting.

The intersection of firearms and intimate partner homicide in 15 nations

Intimate partners commit approximately one in three homicides against women worldwide. Little is known about situational factors that contribute to intimate partner homicides (IPH) and how they may differ across nations. This article provides a cross-national exploration of one situational factor, the use of firearms in the commission of homicides, and considers whether nations have laws designed specifically to keep firearms out of the hands of batterers. We conducted a systematic search of peer-reviewed research and governmental and nongovernmental reports for data on weapon use in IPH. Data were located for 15 nations and subnational areas, which varied from firearms being involved in no IPHs in Fiji to 59% in Antalya, Turkey. Seven nations have legislation that addresses gun ownership as it relates to those who have been charged with, convicted of, or show a propensity toward the commission of intimate partner violence. These laws vary in whether domestic violence is a factor considered in whether to allow firearm ownership or whether it served to disqualify ownership. Due to the small number of nations for which data on weapon use in IPH were located, we did not conduct any hypothesis testing. There is a need for detailed homicide surveillance systems among nations so that researchers can explore the epidemiology of these homicides and ultimately identify opportunities for intervention.

Expanding the Pathways to Gender Equality in the Legal Profession

The problem of gender equality among lawyers has been a subject of significant research, study and action across the globe. It is well known that despite womens entrance into law school in relatively equal numbers to men over the past few decades, they remain significantly under-represented in positions of leadership and power across sectors of the legal profession. Progress has come to a standstill, making this a particularly critical time to examine the ways we conceptualise the problem and rethink the solutions. The legal profession, as a gatekeeper of equality and as an institution committed to the preservation of rights, should be emblematic of gender equality. Responsibility for addressing the problematic gender dynamics is something that lies with the entire profession and should be framed as a matter of ethics. To date, the conversation on this issue has been relatively insular and this essay argues for an expansion of this conversation to include the entire bar. Toward this end, this essay suggests that there are new ways to think about pathways to gender equality by expanding the boundaries that have defined the problem. First, it has been defined in a way that focuses almost exclusively on those already engaged in the practice of law, often at the highest echelons of (private) practice to the exclusion of other sectors, especially legal education. Second, the existing movement has almost unilaterally focused on the structural impediments within the legal system or the characteristics of law practice itself that exist as roadblocks to women, ignoring significant barriers that are not necessarily unique to women lawyers but impede the progress of women generally. The movement also often fails to extend beyond geographic borders of a particular country, thereby eliminating the potential for a global conversation. In crafting solutions, there has been little acknowledgement of the role of legal education.

Do sexually victimized female prisoners perceive justice in litigation process and outcomes

Sexual victimization during incarceration has been declared cruel and unusual punishment. Although the Prison Rape Elimination Act mandated new standards, the problem persists. Class action litigation is an alternate strategy to ensure prisoners’ rights are protected. However, even when such litigation is successful, there is little known about the participants’ perceptions of whether justice was attained in the process (procedural) or outcomes (distributive). Neal v. MDOC (1998), a class action settled on behalf of 809 women sexually abused by staff during incarceration, is a landmark case with national implications. Understanding participant perceptions can enhance those implications. Using surveys mailed to participants residing in the community with valid addresses (n = 399), 156 women responded (39% response rate). Three scales measured procedural/distributive justice and a path analysis used explanatory variables as multivariate regressors on the scales to determine how individual and contextual factors affected perceptions. Perceptions of justice were positively associated with women’s motivations to ‘do the right thing’ and their feelings of empowerment. Perceptions of prison improvement were positively related to themes that the corrections department was punished; negatively associated with staff retaliation. Predictably, women who were currently unemployed and seeking employment had lower scores on the Financial Benefit Scale whereas those endorsing security from settlement funds rated it higher. Because of the intersections of race, class, gender, and legal status, incarcerated women are rarely heard or validated. This lawsuit provided an opportunity for both. Importantly, women less positive about justice wanted their individual perpetrators punished—an unattainable goal in this class action.

Sexual Misconduct in Prison: What Factors Affect Whether Incarcerated Women Will Report Abuses Committed by Prison Staff?

More than 80,000 prisoners each year are sexually victimized during incarceration, but only about 8% report victimization to correctional authorities. Complicating reporting is the fact that half of the perpetrators are staff members. Given the restrictive and highly regulated prison environment, studies that examine reporting behaviors are difficult to conduct and to date information available relied on those who have reported or hypothetical victimization studies. This study uses an ecological framework and archival data from a class action lawsuit of sexual misconduct to determine predictors of reporting. Relying on a subsample of 179 women, chosen because they have all experienced at least 1 penetration offense, we use bivariate and multivariable mixed effects logistic regression analyses to examine individual, assault, and context-level predictors of reporting on 397 incidents of staff sexual misconduct. The final model revealed that that 6 predictors (age at time of assault, physical injury, multiple incidents, perpetrator with multiple victims, the year the abuse began, and the number of years women have left on their sentence) account for 58% of the variance in reporting. Disclosure to inmate peers and/or family and friends was significant in the bivariate results. These findings indicate the need for stronger and more systematic implementation of Prison Rape Elimination Act guidelines and remedies that create and enforce sanctions, including termination, for staff violating policy and state law.