Exploring Officer Arrest Discretion Following State Policy Changes in Intimate Partner Violence. (October 2021)

• Record Type: Journal Article
• Authors: Mason, Philip B.; Petrie, Michelle A.
• Is Part Of: Violence against women. Volume 27:Number 12/13(2021)
• Page Start: 2491
• Page End: 2505
• Publication Date: 2021-10
• Subjects: intimate partner violence -- officer discretion -- mandatory arrest policies; Abused women -- Periodicals; Women -- Crimes against -- Periodicals; Violent crimes -- Periodicals; Femmes victimes de violence -- Périodiques; Femmes, Crimes contre les -- Périodiques; Crimes violents -- Périodiques; 362.8292
• DOI: 10.1177/1077801220975486
• Languages: English
• ISSNs: 1077-8012

Abstract

In 2015, South Carolina passed the Domestic Violence Reform Act giving officers increased arrest discretion and rescinding mandatory arrest laws for intimate partner violence (IPV). Analyses using incident reports (2016/2017) from South Carolina show that officers primarily rely on the presence of five variables to determine arrest: children, injury, property destruction, offender at scene, and weapons. Cases with Black female victims are more likely to result in arrest, suggesting that Black males are being criminalized. We conclude that officers are reluctant to use individual discretion and rely on a form of structured discretion provided by administrators that shapes local culture and decision-making.