A Sign of the Crimes: Examining Officers’ Identification of, and Arrest for, Stalking in Domestic Violence Complaints

• Author: Patrick Q. Brady,Bradford W. Reyns,Rebecca Dreke
• DOI: 10.1177/1098611120923155
• Published date: 01 December 2020
• Date: 01 December 2020
• Subject Matter: Articles

Article

A Sign of the Crimes:

Examining Officers’

Identification of,

and Arrest for,

Stalking in Domestic

Violence Complaints

Patrick Q. Brady

1

, Bradford W. Reyns

2

, and

Rebecca Dreke

3

Abstract

Despite stalking as a risk factor for intimate partner homicide, few studies have

explored officer decision making in domestic violence (DV) complaints that involve

stalking. This study employs the focal concerns perspective to identify the legal and

extra-legal factors associated with officers’ identification of, and arrest for, stalking in

DV complaints. Using a statewide sample of 230 DV complaints from Rhode Island,

findings indicated that nearly one in four suspects were arrested for stalking in DV

complaints (25.2%). Stalking acknowledgment was associated with the location of the

offense, prior police involvement, and the total number of offenses committed.

Officers were more likely to arrest suspects for stalking in DV complaints if the

victim was willing to cooperate. Support for the focal concerns perspective varied

according to the type of decision. Avenues for future research, as well as theoretical

and practical implications, are discussed.

1

Department of Criminology, University of West Georgia, Carrollton, GA, United States

2

Department of Criminal Justice, Weber State University, Ogden, UT, United States

3

Rebecca Dreke Consulting, LLC, Austin, TX, United States

Corresponding Author:

Patrick Q. Brady, Department of Criminology,University of West Georgia, 1601 Maple Street, Carrollton,

GA 30118, United States.

Email: pbrady@westga.edu

Police Quarterly

2020, Vol. 23(4) 500–526

!The Author(s) 2020

Article reuse guidelines:

sagepub.com/journals-permissions

DOI: 10.1177/1098611120923155

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Keywords

stalking, intimate partner violence, focal concerns, law enforcement decision making,

stalking acknowledgment

Stalking is a crime in all 50 states that occurs when someone repeatedly engages

in behaviors directed at a specific person that would make a reasonable person

fear for the safety of themselves or others (National Center for Victims of

Crime, 2007). Stalking is a serious form of coercive control that is often asso-

ciated with severe intimate partner violence and femicide (Brady & Hayes, 2018;

J. C. Campbell et al., 2003; McFarlane et al., 2002; Spencer & Stith, 2018). In

fact, a recent meta-analysis of 17 intimate partner homicide studies found that

stalking produced a threefold increase in the risk of homicide among female

victims by male partners (Spencer & Stith, 2018). Despite the millions of stalking

victims who contact the police each year (Baum et al., 2009), suspects are rarely

arrested nor prosecuted for stalking (Brady & Nobles, 2017; Jordan et al., 2003;

Klein et al., 2009; Tjaden & Thoennes, 2002; Woodroof, 2010). Definitive

explanations for attrition rates in stalking cases, however, are not fully

understood.

Given the seriousness of intimate partner stalking (Brady & Hayes, 2018;

McFarlane et al., 2002; Spencer & Stith, 2018), efforts to improve officer

responses to stalking and domestic violence (DV) complaints is a necessary

form of homicide prevention. While there is a voluminous body of literature

on officer decision making (Brown, 2005; Novak et al., 2002; O’Neal & Spohn,

2017; D. A. Smith & Visher, 1981; Visher, 1983), few studies have addressed

how officers make decisions in stalking cases. As a result, the first logical step to

improving responses involves identifying the victim, suspect, and situational

characteristics influencing officers’ identification of stalking behaviors in domes-

tic disputes, as well as the factors associated with arrest decisions for stalking.

Using statewide police incident data from Rhode Island (RI), this research

addresses three issues related to officers’ identification of, and their decision

to arrest for, stalking.

First, law enforcement perceptions of stalking often run counter to the

nature and dangerousness of the crime, particularly when stalking

behaviors occur within the context of DV. National estimates have suggested

that stalking is most commonly perpetrated by an intimate partner (Baum et al.,

2009; S. G. Smith et al., 2018), while former intimate partners have been shown

to be the most dangerous and malignant perpetrator (Logan & Walker, 2009b;

McFarlane et al., 2002; Rosenfeld, 2004). Yet, research has shown that officers

are more likely to identify unwanted pursuit behaviors as “stalking” or perceive

the crime to be worthy of legal interventions when perpetrated by an

Brady et al. 501