Type:	Journal Article
Title:	Modeling Prosecutors' charging decisions in domestic violence cases
Other Titles:	Crime & delinquency
Authors:	Ross, Jay W Worrall, John L McCord, Eric S
Keywords:	Theories of violence;Criminal justice responses;Policing
Year:	2006
Publisher:	Sage Publications
Citation:	52 (3), July 2006
Notes:	This article presents the findings of a study in the US that looked at prosecutors’ charging decisions in 245 domestic violence cases. It examined the effects of victim, offender, and case characteristics on prosecutors’ charging decisions, by applying a gender-neutral definition of domestic violence which allowed for mutual assaults, as well as male and female victims and suspects. It also did not limit the cases to felonies or misdemeanours as previous research had done. Prosecutors exercise discretionary power with regard to who is charged, plea bargaining, evidence to be presented and sentencing recommendation in a guilty verdict. However, very little research has been conducted on prosecutors and the prosecutorial process in the US, in contrast to other law enforcement agencies, especially in relation to domestic violence cases. Little is known about the factors affecting prosecutors’ decisions to decide on misdemeanour instead of a felony charge. This gives a literature overview of previous research on prosecutors’ charging decisions, theoretical perspectives, factors affecting prosecutors’ decisions, domestic violence charging and the limitations of previous research. Bivariate analyses were used. Results of logistic regression models that excluded mutual assaults were given, and then estimated logistic regression models that excluded victim and suspect characteristics were applied to assess if a mutual assault influenced the prosecutor’s charging decision. Factors affecting prosecutors’ decisions to choose misdemeanour over felony charges were also looked at. It found that prosecutors’ charging decisions were associated with arrest and serious victim injuries; criminal charges were more likely with male suspects; and victim preference for prosecution was likely to end in felony rather than misdemeanour charges. A total of 30 cases in the sample were characterised as mutual assaults where police could not easily identify a victim and/or a suspect. Mutual assault was less likely to end in prosecution. Some of the findings also support previous research, such as evidence factors (whether an arrest was made at the scene or serious injury to the victim) being associated with the prosecutors’ charging decisions. Arrest had no effect on prosecutors’ decision to choose misdemeanour instead of felony charges, but injury to the victim did. Certain variables that were significantly associated with the charging decision in other previous studies (such as prior history, alcohol use) were not significant in this study. However, for the most part, case characteristics played a significant role in shaping prosecutors’ charging decisions.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/15849
ISSN:	0011-1287
Appears in Collections:	Journal Articles

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