Criminal Prosecution of Domestic Violence Offenses

Abstract

Whereas significant research has been conducted to identify the legal and extralegal factors that influence police decisions concerning the arrest of domestic violence (DV) offenders, significantly fewer studies have examined prosecutorial and judicial decision making with regard to this offense. Among the few studies available in the extant literature, none have looked at the full range of decisions made during the adjudication process (i.e., pretrial release, prosecution, disposition, and sentencing). Similarly, few of the available studies have included female defendants, despite recent increases in the number of women charged for this offense. Using a sample of 4,178 defendants arrested for a misdemeanor or felony domestic violence offense, this research identified the suspect and offense characteristics that had the greatest effect on court decisions. Explanations for the resulting findings and recommendations for further research are discussed.