The police
officer should identify the primary physical aggressor (PPA) first before
arresting one of the parties in a mutual battery case. However, there are situations
when law enforcers find it difficult to identify which party is the PPA. This
results to dual arrest. (Source: National Institute of Justice)
What is Dual Arrest?
Dual arrest
happens when the assessment reveals that there was “separate, distinct battery” carried out by both parties against each
other. The possibility of dual arrest also occurs when the arrest of both
parties is justified with a warrant. (Source: NVPAC)
How is Dual Arrest Treated
in Nevada?
Nevada is
one of the states in the US that has mandatory arrest law. As per NRS
171.137, a domestic battery and protection order violation mandatory arrest
is necessary when there is “probable cause” for the law enforcer to believe
that the battery was committed within the previous 24 hours. (Source: NVPAC) They can
decide to arrest both parties involved and then let the court determine who the
guilty party was. (Source:
National Institute of Justice) It is also possible that neither of the parties
will be prosecuted.
Dual arrest
is still discouraged even if it is not forbidden by law.
Why is dual arrest discouraged?
Dual arrest is discouraged because it can:
- Break the clean criminal record of the alleged victim
- Refute the victim’s eligibility for victims of crime compensation
- Prevent the prosecutors and advocates from speaking with either party due to the 5th Amendment restrictions
Aside from
these, dual arrest is discouraged becayse the true victim may not report future
domestic violence incidents as dual arrest may terrify her/him. Some law enforcers might also turn to dual arrest so they can easily
get through the battery incident.
What should be done before
an actual dual arrest?
Before
proceeding to a dual arrest, the law enforcer should:
- Verify that two distinct batteries took place (separated by time and space)
- Make individual cases and reports for every arrest
- Take the evidence limitations into an account as the 5th amendment restrictions may prevent either party to be considered as a witness.
- Consult the supervisor before doing any actual dual arrest
Dual arrest can affect the lives of both parties
involved in the domestic violence incident. Therefore, law enforcers should be strongly
aware of these things before deciding for a dual arrest.