A COMPARISON OF TWO PROSECUTION POLICIES IN CASES OF INTIMATE PARTNER VIOLENCE: MANDATORY CASE FILING VERSUS FOLLOWING THE VICTIM'S LEAD*

Robert C. Davis · Chris S. O’Sullivan · Donald J. Farole · Michael Rempel

44 citations0/0 files storedCriminology & Public Policy

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Intimate Partner and Family Violence Criminal Law and Policy Criminal Justice and Penology

Abstract

Research Summary This study capitalized on differences in domestic violence prosecution policies between two boroughs of New York City. In Brooklyn, arrest cases generally are filed, but in the Bronx, cases typically are not filed when the victim does not want to proceed. We sampled 272 intimate partner cases declined by the Bronx prosecutor and 211 similar cases filed by the Brooklyn prosecutor. The Brooklyn policy is more costly, and most cases ultimately were dismissed. After 6 months, rearrest rates did not differ significantly between the two boroughs, although victims offered qualified support for the universal filing policy. Policy Implications Prosecutors face conflicting pressures when victims do not support prosecution. Victim empowerment and resource conservation favor declining such cases, but sending a message of zero tolerance favors filing. Our results support an intermediate policy of filing most cases but dropping them sooner to give victims a voice while avoiding heavy investments in cases headed for dismissal.

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References

1984The Specific Deterrent Effects of Arrest for Domestic Assault 1999Interviewing for Social Scientists 1999Interviewing for Social Scientists: An Introductory Resource with Examples 1996Do arrests and restraining orders work 1991Prosecution as a Victim Power Resource: A Note on Empowering Women in Violent Conjugal Relationships 2001Victim cooperation and the prosecution of domestic violence in a specialized court 1998Mandatory Arrest and Prosecution Policies for Domestic Violence 1996No Right to Choose: Mandated Victim Participation in Domestic Violence Prosecutions

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2019Correlates of Chinese Police Officer Decision-Making in Cases of Domestic Violence 2014No-Drop Prosecution in Domestic Violence Cases 2011Engaging With Criminal Prosecution: The Victim's Perspective 2014Victim Participation in Intimate Partner Violence Prosecution 2012The Crime Control Effects of Criminal Sanctions for Intimate Partner Violence 2013

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