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Discretionary Law & Agency Culture 1 Christie Roberts Southern New Hampshire University CJ-230 Joseph Davis February 18, 2024

Discretionary Law & Agency Culture 2 Rhode Island Domestic Violence Protection Act Summary of Statute: The Rhode Island General Assembly of 1988 passed the Rhode Island Domestic Violence Protection Act, which states the victims of domestic abuse will receive the maximum protection from abuse and the law and those enforcing it can provide that protection. The act also acknowledges the importance of domestic violence as a serious crime against society. These rules have a significant impact on law enforcement officials’ ability to make discretionary decisions that protect the victims. It says that a “law enforcement officer shall exercise arrest powers when the officer responds to a domestic violence incident and has probable cause to believe that a crime was committed” (State of Rhode Island General Assembly, 1988). Statute and Discretion: In cases of domestic abuse, the Domestic Violence Protection Act restricts the use of discretion. The Act states that a law enforcement official may make arrest when responding to domestic violence incidents and having reasonable suspicion that a criminal act has been committed (State of Rhode Island General Assembly, 1988). Despite the fact that this law restricts discretion, it is still essential because, according to the State of Rhode Island General Assembly (1988), and officer has the right to use their discretion to determine whether there is probable cause before making arrest and taking the accused into custody. Additionally, it

Discretionary Law & Agency Culture 3 states that the police must detain the one they think to be the main attacker (General Assembly of the State of Rhode Island, 1988). Agency Culture: Safety, sympathy, support, compassion, loyalty, and sacrifice are a few of the positive aspects of law enforcement agencies’ cultures that may have an impact on the process of making discretionary decision-making. The likelihood that the officers would respond appropriately to these circumstances and guarantee everyone’s safety is higher. Law enforcement has drawbacks that could affect discretionary decision-making, notwithstanding these positive aspects. Cynicism, narrow-mindedness, prejudice, prejudices, and distrust are some of these characteristics (McCartney & Parent, n.d., sect. 8.1). These have an adverse effect on a law enforcement officer’s approach and performance during a crisis, which would negatively impact their ability to make discretionary decisions in domestic violence cases. Because of this, most law enforcement officers’ in many places have a partner who helps balance out the bad traits with the good one in order to ensure that domestic violence incidents are resolved amicably.

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Discretionary Law & Agency Culture 4 References: McCartney, S. & Parent, R. (2015). 8.1 Police Subculture- Ethics in Law Enforcement. https://opentextbc.ca/ethicsinlawenforcement/chapter/police-culture/ State of Rhode Island General Assembly. (1988). Domestic Violence Prevention Act. https://webserver.rilin.state.ri.us/Statutes/TITLE12/12-29/12-29-3.HTM TITLE 12 Criminal Procedure CHAPTER 29 Domestic Violence Prevention Act . (n.d.). https://www.courts.ri.gov/PublicResources/domesticviolenceunit/PDF/PreventionAct.pdf

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