A Focal Concerns Perspective on Prosecutorial Decision Making in Cases of Intimate Partner Stalking

2020 ◽  
Vol 47 (6) ◽  
pp. 733-748
Author(s):  
Patrick Q. Brady ◽  
Bradford W. Reyns
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Rhode Island ◽  
Intimate Partner ◽  
Additional Insight ◽  
Focal Concerns ◽  
Factors Influencing ◽  
History Of ◽  
Focal Concerns Perspective ◽  
Stalking Victims

Despite millions of stalking victims contacting the police each year, suspects are rarely arrested or prosecuted. While prosecutors are ultimately the gatekeepers to holding defendants accountable, few studies have examined the factors influencing charging decisions in stalking cases. Using the focal concerns perspective, this study analyzed 5 years of domestic violence and stalking case outcomes in Rhode Island. Findings indicated that prosecutors were more likely to prosecute stalking cases when defendants evoked fear in the victim and pursued victims in public. The decision to prosecute stalking versus other domestic violence–related charges was motivated by the location of the offense and the defendant’s history of physical abuse toward the victim. Neither extralegal factors nor characteristics of blameworthiness or suspect culpability influenced prosecutorial decision making. Findings underscore the legal complexities of stalking and suggest the need for additional insight on prosecutorial perspectives and strategies to articulate the fear standard in stalking cases.

A Sign of the Crimes: Examining Officers’ Identification of, and Arrest for, Stalking in Domestic Violence Complaints

2020 ◽  
Vol 23 (4) ◽  
pp. 500-526
Author(s):  
Patrick Q. Brady ◽  
Bradford W. Reyns ◽  
Rebecca Dreke
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Rhode Island ◽  
Intimate Partner ◽  
Future Research ◽  
Intimate Partner Homicide ◽  
Factors Associated ◽  
Focal Concerns ◽  
Focal Concerns Perspective ◽  
Practical Implications

Despite stalking as a risk factor for intimate partner homicide, few studies have explored officer decision making in domestic violence (DV) complaints that involve stalking. This study employs the focal concerns perspective to identify the legal and extra-legal factors associated with officers' identification of, and arrest for, stalking in DV complaints. Using a statewide sample of 230 DV complaints from Rhode Island, findings indicated that nearly one in four suspects were arrested for stalking in DV complaints (25.2%). Stalking acknowledgment was associated with the location of the offense, prior police involvement, and the total number of offenses committed. Officers were more likely to arrest suspects for stalking in DV complaints if the victim was willing to cooperate. Support for the focal concerns perspective varied according to the type of decision. Avenues for future research, as well as theoretical and practical implications, are discussed.

Examining the Interaction of Race and Probationer Noncompliance on Sanctioning Decisions

2019 ◽  
pp. 215336871987302
Author(s):  
Danielle M. Romain ◽  
Amber E. Krushas
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Racial Disparity ◽  
Sentencing Decisions ◽  
Focal Concerns ◽  
Prior Literature ◽  
Focal Concerns Perspective ◽  
Relevant Factors ◽  
Domestic Violence Courts

Much of the prior literature on racial disparity has focused on sentencing decisions, with recent studies examining possible interactions between defendant race and legally relevant factors. Many defendants serve their sentences within the community, yet less is known about decision-making when probationers are noncompliant with the conditions of their sentence. Rooted in the focal concerns perspective and congruence to stereotypes framework, this study examines whether noncompliance issues are moderated by probationer race in predicting the likelihood of a jail sanction. A sample of 302 review hearings from domestic violence courts was included for analysis. Results demonstrate that several noncompliance issues influenced sanctioning, independent of race; no significant interactions were found. Implications for probation decision-making are discussed.

Offender-Centric Policing in Cases of Rape

2021 ◽  
pp. 002201832110274
Author(s):  
Philip NS Rumney ◽  
Duncan McPhee
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Police Officers ◽  
Sexual Offending ◽  
Confirmation Bias ◽  
Missed Opportunities ◽  
Predatory Behaviour ◽  
Investigative Tool ◽  
Care And Support ◽  
History Of

The article explores the idea of ‘offender-centric’ policing in cases of rape, with its focus on suspect and offender admissions and behaviours. It features discussion of 11 cases, illustrating offender-centric pathways to charge or conviction, the challenges facing complainants, suspects and police officers, along with missed opportunities to focus on a suspect’s behaviour. The importance of victim care and support is discussed, and it is argued that victim care should accompany an offender-centric approach to rape investigation. It is also argued that there are potential dangers with offender-centric tactics, specifically, that without due care it may become a self-confirming investigative tool influenced by confirmation bias which may lead to flawed decision-making. The article concludes by arguing that offender-centric policing has benefits in those cases with suspects who engage in predatory behaviour, have a history of previously undisclosed sexual offending and domestic violence and other problematic behaviours. It also has value in focusing the attention of investigators on what steps were taken by a suspect to ascertain the complainant’s consent. While the offender-centric approach cannot address all investigative challenges in rape cases, it is a useful addition to existing strategies.

scholarly journals Women’s Household Decision-Making and Intimate Partner Violence in Ethiopia

2019 ◽  
Vol 8 (2) ◽  
pp. 285-292 ◽  
Author(s):  
Nasser B. Ebrahim ◽  
Madhu S. Atteraya
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Intimate Partner Violence ◽  
Partner Violence ◽  
Emotional Abuse ◽  
Intimate Partner ◽  
Sampling Weights ◽  
Household Decision ◽  
Household Decision Making ◽  
Significant Difference

Abstract Women’s household decision-making, a reflection of interpersonal power dynamics in intimate relationships is assumed to play a central role in eliminating violence against women. Thus we sought to examine the association between women’s household decision-making autonomy and the occurrence of intimate partner violence (IPV) among Ethiopian women. We used data gathered in the 2016 Ethiopia Demographic and Health Survey (EDHS-2016). We limited our study to ever-married women (aged: 15 - 49 years) who responded to the domestic violence questions (n = 4,469). Sampling weights were applied and effects associated with complex survey design were accounted for. Overall, 24%, 23.1%, and 10.1% of women have experienced emotional abuse, physical violence, or sexual violence, respectively in their lifetimes. The relationship between demographic variables and IPV were inconsistent and mostly non-significant. We found significant association between decision-making autonomy and IPV variables. Women who made decisions jointly with their husbands/partners had lower risk of domestic violence as compared to women with low level of household decision-making autonomy. No significant difference between women in the low and high level of decision-making groups. Egalitarian family power structures may be beneficial toward reducing IPV and achieving gender equality in Ethiopia.

Understanding Decision-Making in Specialized Domestic Violence Courts

2016 ◽  
Vol 23 (6) ◽  
pp. 749-771 ◽  
Author(s):  
Gillian M. Pinchevsky
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Causal Attribution ◽  
Future Research ◽  
Theoretical Frameworks ◽  
Judicial Decision Making ◽  
Focal Concerns ◽  
Using Data ◽  
Court Processing ◽  
Domestic Violence Courts

This study fills a gap in the literature by exploring the utility of contemporary courtroom theoretical frameworks—uncertainty avoidance, causal attribution, and focal concerns—for explaining decision-making in specialized domestic violence courts. Using data from two specialized domestic violence courts, this study explores the predictors of prosecutorial and judicial decision-making and the extent to which these factors are congruent with theoretical frameworks often used in studies of court processing. Findings suggest that these theoretical frameworks only partially help explain decision-making in the courts under study. A discussion of the findings and implications for future research is provided.

scholarly journals Recognizing the Multitude of Housing Barriers Facing Homeless and Unstably Housed Survivors of Intimate Partner Violence

2021 ◽  
Vol 55 (2) ◽  
pp. e1569
Author(s):  
Gabriela Lopez-Zeron ◽  
M. Isidora Bilbao-Nieva ◽  
Cris M. Sullivan ◽  
Danielle Chiaramonte
Keyword(s):  
Domestic Violence ◽  
Intimate Partner Violence ◽  
Support Groups ◽  
Affordable Housing ◽  
Partner Violence ◽  
Intimate Partner ◽  
Transitional Housing ◽  
Prior History ◽  
Stable Housing ◽  
History Of

Survivors of intimate partner violence (IPV) seek services from domestic violence (DV) programs for a multitude of reasons. One critical need for many survivors, that has often been overlooked when considering the services DV programs provide, is stable housing. DV programs typically offer safety planning, counseling, advocacy, support groups, and some form of temporary safe housing (e.g., shelter, transitional housing), but increasingly, survivors need assistance securing safe and stable long-term housing. It is imperative, then, that program staff have the information, resources, and skills needed to effectively assist survivors with this essential need. This study examined the housing barriers facing 406 homeless or unstably housed intimate partner violence survivors seeking help from one of five domestic violence programs. In-depth interviews conducted shortly after they sought services revealed that many survivors had a prior history of homelessness, and the vast majority reported at least five issues they faced that made obtaining safe and affordable housing difficult. Findings emphasize the importance of advocates specifically asking about potential housing barriers, and having the knowledge, skills, and community connections needed to effectively assist homeless and unstably housed survivors.

To Report or Not to Report? A Focal Concerns Analysis of Victim Reporting Decisions Following Victimization

2021 ◽  
pp. 088626052110453
Author(s):  
Shamika M. Kelley ◽  
Yan Zhang ◽  
Eryn Nicole O’Neal
Keyword(s):  
Decision Making ◽  
Help Seeking ◽  
Crime Victimization ◽  
Focal Concerns ◽  
Private Location ◽  
Victim Reporting ◽  
Victim Support ◽  
Reporting Decisions ◽  
Criminal Legal System ◽  
Focal Concerns Perspective

Sexual assault (SA) decision-making literature primarily focuses on criminal-legal actors and often overlooks victim decision making. This relative dearth in research is problematic, as victims are principal gatekeepers of the criminal-legal process who influence whether perpetrators are arrested and prosecuted. Subsequent victim support is also contingent on the reporting decision. Overall, this body of research would benefit from a better understanding of how victims activate and participate with the criminal-legal system and the potential impact of these decisions on criminal-legal processes. Moreover, victim decision making is often situated in a theoretical analyses. Victim decision making is complex and should be studied within a criminological decision-making framework. Therefore, the current study relies on National Crime Victimization Survey (NCVS) data and applies a focal concerns perspective (FCP), informed by rape culture concepts, to examine why victims of sexual violence may or may not choose to report to legal authorities. The current study offers initial support for the application of FCP to victim reporting decisions. We found that victims consider each of the focal concerns (FC). Victims were more likely to report when offenders threatened them with harm (i.e., suspect blameworthiness), when the offense occurred in a private location (i.e., protection of the community), and when they sought help from victim support agencies or medical treatment (i.e., practical considerations). Additionally, we found that Black victims were more likely to report than other racial-ethnic groups (i.e., perceptual shorthand). These findings highlight a nexus between reporting to police and help-seeking via support agencies. Importantly, the results emphasize the importance for police to implement cultural competence and antiracist training to better support Black victims.

“I Don’t Know That I’ve Ever Felt Like I Got the Full Story”: A Qualitative Study of Courtroom Interactions Between Judges and Litigants in Domestic Violence Protective Order Cases

2018 ◽  
Vol 24 (12) ◽  
pp. 1474-1496 ◽  
Author(s):  
Cara J. Person ◽  
Kathryn E. (Beth) Moracco ◽  
Christine Agnew-Brune ◽  
J. Michael Bowling
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Intimate Partner Violence ◽  
Partner Violence ◽  
Intimate Partner ◽  
District Court ◽  
Protective Order ◽  
Information Availability ◽  
Protective Orders ◽  
Case Files

One in three U.S. women has experienced intimate partner violence (IPV) and many seek domestic violence protective orders (DVPOs) for secondary IPV prevention. Because judges have considerable autonomy making DVPO decisions, there is a need to describe how courtroom interactions and information available to judges may influence DVPO dispositions. We conducted DVPO hearing observations and phone interviews with District Court Judges. Qualitative themes emerged that may influence judges’ decision making in DVPO hearings: case information availability, judge engagement level, and litigant credibility. Recommendations include more time for judges to review case files, IPV-related training for judges, and increased court advocate use.

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