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Criminal Domestic Violence (CDV) In South Carolina: An Examination of the Effects of ACT 166 of 2005

NCJ Number
222452
Author(s)
Charles Bradberry; Rob McManus
Date Published
November 2007
Length
33 pages
Annotation
This study examined the number of arrests for criminal domestic violence (CDV) in South Carolina before and after the passage of Act 166 in 2005, which amended South Carolina Statute 16-25-10, so as to deter initial and repeated acts of domestic violence by increasing the penalties for CDV.
Abstract
The study found that between July 1, 2005, and December 31, 2005 (period before enactment of Act 166), there were 6,331 arrests for CDV. During the 6-month period after passage of Act 166, there were 6,512 arrests for CDV, a 2.86-percent increase in the number of arrests after the passage of the Act. Just over 75 percent of the arrest offenses, 81.1 percent before and 78.6 percent after passage of the Act, were for first-degree CDV. Based on the analysis of this data, the study concludes that there has been no unintended consequence of CDV charges being changed to other offenses in order to avoid the sanctions associated with the new legislation. The behavior of law enforcement officers in making CDV arrests apparently did not change as a result of the legislation. Based on the study limitations cited in this report, however, it advises that the conclusion should not be regarded as the definitive answer to concerns about the legislation's impact. It recommends several other analytical approaches that should be considered for future studies. Act 166 increases the amount of the fine for CDV as well as the amount of time to be served in custody. It also requires treatment for first-time offenders and training for the judiciary. 7 tables and appended text of Act 166