Domestic violence sentencing: coefficient to a natural process that already reduces recidivism simply as a function of aging

Eric L Nelson

doi:10.1186/2193-7680-2-9

Abstract

BackgroundResearch on domestic violence (DV) sentencing, post-conviction, has mostly focused on incarceration and re-education programs, ignoring more than a dozen other components of the criminal sentence. Therefore, little is known, overall, about the breadth of DV sentencing, antecedents that may shape the content of the sentence, and a possible relationship between the criminal sentence and a theorized natural process believed to significantly reduce DV recidivism simply as a function of aging.ResultsData from this empirical study (N = 1,810) reveals rates of female DV recidivism decrease by about 2.56% per year, between ages 22–61, and males by about 3.13% per year between ages 28–60. These data closely match Federal Bureau of Investigation rates for recidivism, by age and sex, for violent crime in general. The study also identified 16 sentencing components used by judges in DV cases. Logistic regression on data from a randomly selected subset (n = 366), using the 16 sentencing components as dichotomous outcomes, regressed against 49 antecedent variables, illuminated a number of factors that have a significant relationship with the content of individual DV sentences, including many extra investigative actions that police officers can operationalize when investigating DV crime.ConclusionConfirmation of a natural process that diminishes rates of DV recidivism as a function of aging demonstrates the need to factor this effect into any equation designed to assess the effectiveness of DV sentencing, or re-education/treatment programs upon rates of recidivism. It also confirms that the natural process is an important part of the milieu in which the criminal sentence is operationalized. The results also demonstrate the need for police to thoroughly investigate all DV crime, and to list multiple charges whenever the facts support doing so, because doing so significantly raises rates of inclusion of several sentencing components.

Highlights

Research on domestic violence (DV) sentencing, post-conviction, has mostly focused on incarceration and re-education programs, ignoring more than a dozen other components of the criminal sentence
Using empirical data the present study aims to correct a vacuum in the literature regarding the breadth of potential content of the DV criminal sentence, many of their significant antecedents, and to examine for the operation of a domestic violence age/violence potential effect
The maxima for females is, essentially, identical to the one seen in Figure 1, it being about age 22, with female violence decaying to zero at about age 61

Summary

Introduction

Research on domestic violence (DV) sentencing, post-conviction, has mostly focused on incarceration and re-education programs, ignoring more than a dozen other components of the criminal sentence. In western systems of justice criminal defendants (people accused of crimes by the State) face the potential of trial, where they risk being found guilty on all charges and having the full set of sentencing options imposed upon them such as incarceration, fines, probation, and an order to attend some form of treatment, and so forth. The various sentencing components share a common goal: Reduction of the likelihood of criminal re-offending. Many defendants may choose to negotiate a reduced sentence in exchange for a guilty plea to one or more of the crimes they are charged with having committed. Once the defendant pleads guilty or is found guilty at trial, a sentence is imposed

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