When an Arrest Is Not an Arrest

Abstract

The authors examine a largely unexamined issue: the extent to which, and circumstances under which, police exceptionally clear cases. This is a particularly salient issue in intimate partner violence cases where this clearance category may be used to enable the circumvention of laws mandating arrest. Using NIBRS data to compare the police response to different victim-offender relationship categories, the authors examine the extent of, and circumstances under which, police officers exceptionally clear cases and whether evidence exists suggesting that the exceptional clearance category is used to circumvent mandatory arrest laws. They conclude by discussing the policy implications of the findings.

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