NCJ Number
215926
Journal
Crime & Delinquency Volume: 52 Issue: 3 Dated: July 2006 Pages: 472-503
Date Published
July 2006
Length
32 pages
Annotation
This article examined prosecutors’ charging decisions, exploring factors that affected prosecutors’ charging decisions in domestic violence cases.
Abstract
Some findings corresponded with previous research, such as evidence factors, whether an arrest was made at the scene, and whether there was serious injury to the victim were associated with the prosecutors’ charging decisions in domestic violence cases. Arrest had no bearing on prosecutors’ decisions to pursue misdemeanor instead of felony charges, but injury to the victim did. Findings also parted from previous studies in certain respects. Certain variables that were significantly associated with the charging decision in previous studies, such as prior history and alcohol use were not significant in this study. It did appear for the most part, that case characteristics played a significant role in shaping prosecutors’ charging decisions. Other significant predictors included victim and suspect sex variables. Criminal charges were much more likely in cases where the suspects were male. More than 20 percent of the suspects in the sample however were female. Prosecutors possess a significant amount of discretionary power. However, little research has been conducted on this issue. This study’s intent was to fill gaps in the literature concerned with prosecutors’ charging decision. Using data from 245 police reports and a county district attorney’s office in Southern California, this analysis explored factors that affected prosecutors’ charging decisions in domestic violence cases. It explored prosecutors’ decisions to pursue misdemeanor instead of felony charges in domestic violence cases. Tables, appendix, notes and references