Weighing Justice
Do Pro-Arrest, Pro-Charge & Pro-Prosecution Policies Remain the Most Effective Response to Domestic Violence? (2018-2021)
Our Findings
Literature Review
A review of pro-arrest, pro-charge, and pro-prosecution policies as a response to domestic violence
Journal of Social Work, 2022
About the Research
The rationale for this research is grounded in the understanding that domestic violence continues to be a serious social issue in Nova Scotia, despite efforts initiated over three decades ago to alter this trajectory through the implementation of pro-arrest, pro-charge, and pro-prosecution policies.
Since these policies had not been subject to a thorough review since their initiation, this research addressed the need to examine if they had served the intentions that had motivated their initiation. We interviewed those most affected by the policies or responsible for their implementation. We conducted a total of 57 interviews, and one focus group (8 participants) for a total of 65 research participants from five target groups: survivors, perpetrators, allied professionals, police, and lawyers, in Halifax and the South Shore of NS.
Our analysis highlighted current barriers, gaps, and unintended consequences, and provide recommendations for improved or alternative responses.
These policies were initiated, largely in response to the women’s movement in Nova Scotia in 1996 with the intention of improving women’s safety and building a more credible criminal justice system response to domestic violence. These policies removed the responsibility of the ‘victim’ to lay a charge by mandating the police to make an arrest if they assessed violence had occurred even if the ‘victim’ was reluctant to lay a criminal charge or pressured not to lay a charge by the ‘aggressor’. In addition to ensuring victim safety, the aim of these policies were to hold perpetrators accountable for their violence and serve as a deterrent for domestic violence.