TY  - SER
AU  - Cross, Jenny
AU  - Newbold,Greg
TI  - Presumptive arrest in partner assault: use of discretion and problems of compliance in the New Zealand police
T2  - Australian & New Zealand Journal of Criminology
PY  - 2010///
KW  - FVC
KW  - DOMESTIC VIOLENCE
KW  - INTERVENTION
KW  - JUSTICE
KW  - POLICE PROCEDURES
KW  - POLICY
KW  - SOCIAL WORK PRACTICE
KW  - PREVENTION
KW  - NEW ZEALAND
N1  - Australian & New Zealand Journal of Criminology, 2010,  43(1): 51-75
N2  - This article explores the dynamics behind police officer discretion in cases of domestic violence despite pro-arrest strategies having being followed in New Zealand since 1987. The authors describe the history of pro-arrest strategies in the United States and in New Zealand and the continued exercise of discretion in the field. The study took place between mid 2004 and mid 2006 in Christchurch, New Zealand. Nine police managers and 13 frontline officers were interviewed.  Participant observation of officers in their daily duties was matched to reports submitted by the officers; 313 family violence incident reports (POL 400 forms) were analysed, and a comparison of these was made with data from the Computer Assisted Resource Deployment system. The authors found that a number of factors affect police decision making in domestic violence cases in addition to the necessary discretion applied by police officers. These factors were: resource considerations and the effect on the officers own workload; the chances of further violence; evidentiary concerns; and in cases of mutual assault, considerations of dual arrest as opposed to primary aggressor arrest. Further, formal incident recording was at times poor, and there was significant inconsistency between the information from the Computer Assisted Resource Deployment system compared with the POL 400 incident forms. The authors consider that frontline police sometimes file incomplete or inaccurate reports in order to protect themselves from deviating from policy. This makes it difficult to assess how well the pro-arrest policy is being implemented and whether or not it achieves its objectives. The authors note changes to the reporting requirement s subsequent to their research, and developments in the police working with other agencies in relation to domestic violence. It is concluded that a pro-arrest policy that limits police discretion is impractical. However, presumptive arrest within clearly defined boundaries is a good policy provided it is accompanied by training, monitoring and oversight, and that reliable recording is fundamental to this process
UR  - http://dx.doi.org/10.1375/acri.43.1.51 
ER  -