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Domestic Violence Offenses: The Influence of Victim- Offender Relationship on Prosecutorial and Judicial Decision making

Thu, Nov 20, 6:00 to 8:00pm, Marriott, Golden Gate, B2 Level

Abstract

Domestic violence is a widespread social problem impacting an estimated 6.2 million women in the United States each year. The purpose of this study was to determine the existence, prevalence, and degree of disparity in prosecution and sentencing based on domestic violence status, victim-offender characteristics, and victim-offender relationship. The study specifically looked at cases of assault and battery, which is the most prevalent type of offense in domestic violence. This study utilized simple random sampling, involved an archival analysis of court records, and examined a ten-year period (2000-2010) at a specific district court in Massachusetts. This investigation found that the likelihood of a case not being prosecuted was affected by whether or not it was a domestic violence incident. Fifty-five percent of domestic violence cases resulted in dismissal, while only 45% of the non-domestic violence cases were dismissed. If prosecuted, 84% of domestic violence cases resulted in a suspended sentence, while only 21% of the non-domestic violence cases that were charged resulted in a suspended sentence. The results also showed that the degree of social closeness between a victim and offender influences the likelihood that a case will be prosecuted.

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