COURT OVERSIGHT AND CONVICTION UNDER MANDATORY AND NONMANDATORY DOMESTIC VIOLENCE CASE FILING POLICIES*

Richard R. Peterson

32 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 examines the relative impact of mandatory and nonmandatory DV case filing policies on court oversight and conviction for misdemeanor DV cases. The prevalence and duration of court oversight are greater under a mandatory DV filing policy, whereas conviction is more likely under a nonmandatory DV filing policy. These differences remain even after controlling for legal, case processing, and defendant characteristics. Policy Implications: This article discusses the advantages and disadvantages of mandatory and nonmandatory DV case filing policies. Filing policies are linked to the relative priorities prosecutors place on the dual goals of court oversight and conviction.

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References

1984The Specific Deterrent Effects of Arrest for Domestic Assault 1991Domestic Violence: The Criminal Justice Response.1996Do arrests and restraining orders work 2002THE PREVENTIVE EFFECTS OF ARREST ON INTIMATE PARTNER VIOLENCE: RESEARCH, POLICY AND THEORY*1996The Criminalization of Domestic Violence: Promises and Limits 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 1999Killing Her Softly: Intimate Abuse and the Violence of State Intervention

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2011The Social Control of Family Violence 2010Evidence-Based Prosecution of Intimate Partner Violence in the Post -Crawford Era 2014Victim Participation in Intimate Partner Violence Prosecution 2013Evidence‐Based and Victim‐Centered Prosecutorial Policies 2013Overview of: “Evidence‐Based and Victim‐Centered Prosecutorial Policies: Examination of Deterrent and Therapeutic Jurisprudence Effects on Domestic Violence”

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