Factors Related to Domestic Violence Court Dispositions in a Large Midwestern Urban Area, 1997-1998:  [United States]

The goal of this study was to identify factors that
influence whether city misdemeanor domestic violence cases in which
batterers are arrested by police result in dismissals, acquittals, or
convictions in the courts, and how these cases are processed. The
researchers sought to examine factors that influence court officials'
decision-making in domestic violence cases, as well as factors that
influence victim and witness reluctance in bringing batterers to
successful adjudication. In Part 1 researchers merged pretrial
services data with information from police and prosecutors' reports in
the urban area under study to answer the following questions: (1) What
is the rate of dismissals, acquittals, and convictions for misdemeanor
court cases and what are the conditions of these sentences? (2) What
factors in court cases are significantly related to whether the
disposition is a dismissal, acquittal, or conviction, and how are
these cases processed? In Part 2, judges, prosecutors, and public
defenders were asked detailed questions about their level of knowledge
about, attitudes toward, and self-reported behaviors regarding the
processing of domestic violence cases to find out: (1) What roles do
legal and extra-legal factors play in decision-makers' self-reported
behaviors and attitudes? (2) How do decision-makers rate victim
advocate and batterer treatment programs? (3) How do court
professionals view the victim's role in the court process? and (4) To
what degree do court professionals report victim-blaming attitudes and
experiences? For Part 3 researchers used a stratified random sample to
select court cases of misdemeanor domestic violence that would be
transcribed and used for a content analysis to examine: (1) Who speaks
in court and how? and (2) What is considered relevant by different
court players? In Parts 4-103 victim surveys and interviews were
administered to learn about battered women's experiences in both their
personal lives and the criminal processing system. Researchers sought
to answer the following questions: (1) How do victim/witnesses
perceive their role in the prosecution of their abusers? (2) What
factors inhibit them from pursuing prosecution? (3) What factors might
help them pursue prosecution? and (4) How consistent are the
victims'/witnesses' demographic and psychological profiles with
existing research in this area? Domestic violence victims attending
arraignment between January 1 and December 31 of 1997 were asked to
complete surveys to identify their concerns about testifying against
their partners and to evaluate the effectiveness of the court system
in dealing with domestic violence cases (Part 4). The disposition of
each case was subsequently determined by a research team member's
examination of defendants' case files and/or court computer
files. Upon case closure victims who had both completed a survey and
indicated a willingness to be interviewed were contacted to
participate in an interview (Parts 5-103). Variables in Part 1,
Pretrial Services Data, include prior criminal history, current
charges, case disposition, sentence, victim testimony, police
testimony, victim's demeanor at trial, judge's conduct, type of abuse
involved, weapons used, injuries sustained, and type of evidence
available for trial. Demographic variables include age, sex, and race
of defendants, victims, prosecutors, and judges. In Part 2,
Professional Survey Data, respondents were asked about their tolerance
for victims and offenders who appeared in court more than once,
actions taken when substance abuse was involved, the importance of
injuries in making a decision, attitudes toward battered women, the
role of victim advocates and the police, views on restraining orders,
and opinion on whether arrest is a deterrent. Demographic variables
include age, sex, race, marital status, and years of professional
experience. Variables in Part 3, Court Transcript Data, include number
and type of charges, pleas, reasons for dismissals, types of evidence
submitted by prosecutors and defense, substance abuse by victim and
defendant, living arrangements and number of children of victim and
defendant, specific type of abuse, injuries sustained, witnesses to
injuries, police testimony, verdict, and sentence. Demographic
variables include age and sex of defendant and victim and relationship
of victim and defendant. In Part 4, Victim Survey Data, victims were
asked about their relationship and living arrangements with the
defendant, concerns about testifying in court, desired outcomes of
case and punishment for defendant, emotional issues related to abuse,
health problems, substance abuse, support networks, other violent
domestic incidents and injuries, and safety concerns. Part 5 variables
measured victims' safety at different stages of the criminal justice
process and danger experienced due to further violent incidents,
presence of weapons, and threats of homicide or suicide. Parts 6-103
contain the qualitative interview data.

Tags: battered-women, case-processing, decision-making, disposition-legal, domestic-violence, misdemeanor-offenses, offenders, sentencing, treatment-programs, urban-areas, victims, witnesses
Organization: Department of Justice