Criminal Prosecution of Domestic Violence Offenses: An Investigation of Factors Predictive of Court Outcomes

Problem

The problem the study aimed to address: 

The study investigates the factors influencing court outcomes for domestic violence (DV) cases, including pretrial release, prosecution, disposition, and sentencing. It highlights the lack of comprehensive research on court decisions and the effects of legal and extralegal variables, particularly regarding the increased arrests of female defendants.

General impact on the system and/or public: 

The research addresses gaps in understanding the judicial handling of DV cases. By focusing on prosecutorial and judicial discretion, the study evaluates whether systemic biases or inconsistencies impact decision-making and identifies areas for procedural improvement, potentially influencing policy and public trust.

Research Questions:

1. What defendant and offense characteristics influence court decisions at different stages (pretrial release, prosecution, disposition, and sentencing)?
2. How does gender affect court outcomes in domestic violence cases?
3. What role do dual arrests play in court decisions?
    

Method and Analysis

Program Evaluated: 

The study evaluates the full continuum of court decisions in DV cases and investigates the impact of mandatory arrest policies, dual arrests, and gender disparities in judicial outcomes.
 

Data and Sample Size: 

Data were collected from 4,178 domestic violence cases from Shelby County, Tennessee, over a 12-month period starting in August 2000. The dataset included detailed records on defendant demographics, offense characteristics, and court outcomes.
 

Analysis Used:

The research employed logistic regression analyses to determine the independent effects of various predictor variables (e.g., gender, prior arrests, offense characteristics) on four court decisions: pretrial release, prosecutorial acceptance, case disposition, and sentencing.
 

Outcome

Key Findings:

• Gender Disparities: Female defendants were more likely to be released on recognizance, less likely to be prosecuted, and less likely to receive incarceration compared to males.
• Effect of Dual Arrests: Dual arrests reduced the likelihood of prosecution and incarceration.
• Prior Criminal History: Defendants with prior domestic violence or other violent arrests faced harsher court outcomes across all stages.
• Offense Characteristics: Weapon use, victim injury, and felony charges increased the likelihood of prosecution but did not significantly affect sentencing severity.
• Demographic Influences: Minority defendants were less likely to be released on recognizance and faced stricter prosecutorial decisions.
   

Implications or Recommendations: 

• Policy Adjustments: Recommendations include reassessing dual arrest practices and their implications for prosecution strategies.
• Judicial Training: Highlighting the need for judicial education on potential biases in gender and racial disparities.
• Future Research: Calls for broader studies, including larger samples of female defendants and an exploration of non-intimate domestic violence cases.
• Systemic Reforms: Advocates for consistency in decision-making processes to enhance fairness and deterrence in domestic violence adjudication.
   

This research underscores the complexity of domestic violence cases within the judicial system and the need for evidence-based policies to address identified disparities and inefficiencies.