미국의 가정폭력범죄 의무체포제도에 대한 연구: 경찰 집행 매뉴얼과 제도 문제점을 중심으로

Abstract

Recently, there has been a growing voice in Korea to introduce a mandatory arrest policy for domestic violence in order to eradicate increasingly serious domestic violence and prevent recidivism, and the National Police Agency has also expressed a willingness to arrest a domestic violence perpetrator. However, arresting the current offender against the will of the victim at the scene of domestic violence without amendment of the law may lead to illegal arrest, so legislative measures such as the mandatory arrest act are needed. Reviewing the contents of the U.S. mandatory arrest policy and problems, which are already in effect could minimize side effects prior to legislation of the mandatory arrest policy. The mandatory arrest policy in the United States was proposed as a way to reduce domestic violence and deter recidivism, and was expanded nationwide with the announcement of the results of a 1984 Minneapolis study that arrests are more effective in preventing recidivism. The mandatory arrest policy is divided into mandatory, preferred, and discretionary arrests depending on the level of authority to decide whether to arrest or not. Regarding mandatory arrests, issues such as “arrest of women, escalations in the level of violence, and decrease in the number of reports” have been raised. In order to minimize problems during the introduction of the mandatory arrest policy, I present four proposals, 'objective verification of the effectiveness of the mandatory arrest policy, introduction of discretionary arrest policy and change of expression of mandatory arrest policy, clarification of specific and clear conditions of arrest, introduction of mandatory prosecution of domestic violence'