Going for the gold: Prosecutorial decision making in cases of wife assault

Abstract

Violence is a common feature of family life in the United States, but it has received little attention from the criminal justice system. Since women are the primary victims of such violence, some observers have argued that this inattention represents yet another form of discrimination against women, or is at least protective of traditional values concerning marriage and the family. For example, Martin (1976, p. 88) states “The sanctity of the family home pervades the world of law enforcement.” In a similar vein, Roy (1977, p. 138) argues that “underlying the criminal justice system is the covert toleration of wifebeating, as indicated in the policy and personal attitudes of the police, prosecutors, and judges; and through the inefficient procedures which render even the existing legal remedies inadequate.” These and similar criticisms generally treat the police, prosecutors, and judges as administrators of justice who, in cases of wife assault, fail to do their jobs. One can see how a cycle of inattention could exist in the criminal justice system without resort to explanations based on misogynist individual attitudes or patriarchical organizational goals, or to claims of inefficiency and indolence. At the very least, police may be reluctant to arrest batterers or enforce court orders because of nonsupport from prosecutors and judges, and without the exercise of police discretion, cases of domestic violence cannot come to the attention of the courts. Under these circumstances, few cases would be prosecuted, thus further reinforcing