Prosecutorial Discretion for Domestic Violence Cases: An Examination of the Effects of Offender Race, Ethnicity, Gender, and Age

• NCJ Number: 244296
• Journal: Criminal Justice Studies Volume: 26 Issue: 3 Dated: September 2013 Pages: 289-307
• Author(s): Danielle M. Romain; Tina L. Freiburger
• Date Published: September 2013
• Length: 19 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

The current study focuses on the effects of extralegal suspect characteristics on the decision to dismiss domestic violence cases in a large Midwestern county from June 2009 to December 2009.

Abstract

Much of the existing literature on courts and sentencing has focused on judicial decisionmaking. Prior research on prosecutorial decisionmaking is more limited, with even less attention paid to the prosecution of domestic violence cases. The research that has been conducted has produced inconsistent results regarding the effects of legal and extralegal variables. The current study focuses on the effects of extralegal suspect characteristics on the decision to dismiss domestic violence cases in a large Midwestern county from June 2009 to December 2009. The findings demonstrate that gender and race have a strong influence on prosecutors' decisions to dismiss charges in domestic violence cases. Contrary to the focal concerns perspective, however, the results indicate that males and Black and Hispanic offenders are more likely to have their cases dismissed. Implications for future research are discussed. Abstract published by arrangement with Taylor and Francis.