The View from the Courtroom

Abstract

We analyze the gap between public policies regarding domestic violence and the prosecution and defense of such policies in the courtroom. The prosecutors and public defenders we surveyed are on the front lines of domestic violence cases as they enter courtroom; nearly 25 percent of their caseloads involved domestic violence cases and of those, about 50 percent involved repeat offenders. We utilize the information from the public defenders and district attorneys to understand what types of domestic violence cases they see, who the victims are, and what happens to those who are convicted of domestic violence crimes. We also analyze the reported outcomes of domestic violence cases to see whether specific domestic violence laws have any influence on the punishment of domestic violence offenses. We present the first-hand perspectives of some of the individuals who are involved with domestic violence cases on a daily basis. We find that the implementation of public policies regarding domestic violence, such as mandatory arrest and gun removal, is implemented inconsistently across states, and we demonstrate that different policies and implementation practices lead to diverse outcomes of domestic violence cases in the courtroom.