Rank and Military Justice in Cases of Intimate Partner Violence

• In Event: Prosecutorial Practices in Cases Involving Minors, Emerging Adults, and Specialized Offenders

Abstract

Research suggests that intimate partner violence (IPV) in the military is both more prevalent and more severe than in the civilian population (Klostermann et al, 2012); the Department of Defense has recognized it as an issue that needs to be addressed. Although differential treatment in the civilian criminal justice system is widely studied, the topic is rarely examined in the military justice system. This study will consider the effect of rank on actions taken by commanders in all reported IPV cases in the U.S. Army between 2004 and 2012, including both the likelihood of any action being taken and the severity of the action (administrative, non-judicial, or judicial). The key questions to be addressed are (1) whether enlisted personnel are more likely to be processed for any kind of punishment or to be processed for severe punishment than officers and (2) within each category, if rank affects the likelihood and/or severity of processing for punishment.

Authors

• Kassandra I. Rios-Segarra, Florida International University

• Ellen G. Cohn, Florida International University

• Eric R. Carpenter, Florida International University