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

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.

2020 ◽  
Vol 47 (6) ◽  
pp. 733-748
Author(s):  
Patrick Q. Brady ◽  
Bradford W. Reyns

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.


2015 ◽  
Vol 63 (7) ◽  
pp. 814-838 ◽  
Author(s):  
Bradford W. Reyns ◽  
Ryan Randa

The current study investigates the decision by victims to report the crime to the police following identity theft victimization. Potential influences on the reporting decision are framed around two criminal justice theories—focal concerns theory and Gottfredson and Gottfredson’s theory of criminal justice decision making. The data used to examine this decision were collected from a nationally representative sample of U.S. adults as a supplement to the 2012 National Crime Victimization Survey. Results suggest that the decision to contact law enforcement is based on the seriousness of the offense, the victim’s knowledge of who committed the crime and how it was perpetrated, as well as practical considerations. These findings parallel other research into victim decision making generally, while also highlighting factors that may be unique to identity theft, notably the effects of income. The results also support the use of criminal justice theory to study and understand victim decision making.


2019 ◽  
pp. 215336871987302
Author(s):  
Danielle M. Romain ◽  
Amber E. Krushas

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.


2019 ◽  
Vol 26 (15-16) ◽  
pp. 1919-1940
Author(s):  
Ericka A. Wentz

To improve criminal justice responses to sexual assault, it is vital to understand the factors that influence decisions made by police and prosecutors and how these decisions overlap. Although decisions made at the prosecutorial stage are largely reliant on the actions of the police, the prosecutors’ charging decisions often differ from how the police classify incidents. Guided by the focal concerns perspective, this study examined 231 cases of adult sexual assault incidents reported to the police to identify which factors were predictive of congruent charging decisions and arrest. The results supported the focal concerns perspective and revealed that legal and extralegal factors were influential at both of these points. Legally relevant factors that focused on the collection of evidence were paramount in decisions at both stages; however, extralegal variables such as timely reporting and whether the victim physically resisted were also significantly related to decisions at each stage. Implications arising from the results are discussed.


2020 ◽  
Vol 23 (4) ◽  
pp. 500-526
Author(s):  
Patrick Q. Brady ◽  
Bradford W. Reyns ◽  
Rebecca Dreke

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.


2021 ◽  
Vol 86 (1) ◽  
pp. 154-185
Author(s):  
Ricardo D. Martínez-Schuldt ◽  
Daniel E. Martínez

Sanctuary jurisdictions have existed in the United States since the 1980s. They have recently reentered U.S. politics and engendered contentious debates regarding their legality and influence on public safety. Critics argue that sanctuary jurisdictions create conditions that threaten local communities by impeding federal immigration enforcement efforts. Proponents maintain that the policies improve public safety by fostering institutional trust among immigrant communities and by increasing the willingness of immigrant community members to notify the police after they are victimized. In this study, we situate expectations from the immigrant sanctuary literature within a multilevel, contextualized help-seeking framework to assess how crime-reporting behavior varies across immigrant sanctuary contexts. We find that Latinos are more likely to report violent crime victimization to law enforcement after sanctuary policies have been adopted within their metropolitan areas of residence. We argue that social policy contexts can shift the nature of help-seeking experiences and eliminate barriers that undermine crime victims’ willingness to mobilize the law. Overall, this study highlights the unique role social policy contexts can serve in structuring victims’ help-seeking decisions.


2021 ◽  
pp. 152483802199128
Author(s):  
David S. Lapsey ◽  
Bradley A. Campbell ◽  
Bryant T. Plumlee

Sexual assault and case attrition at the arrest stage are serious problems in the United States. Focal concerns have increasingly been used to explain police decision making in sexual assault cases. Because of the popularity of the focal concerns perspective and potential to inform evidence-based training, a systematic review and meta-analysis are needed to condense the literature. In this study, we assess the overall strength of the relationship between focal concerns variables and police decisions to arrest in cases of sexual assault. Our assessment of the effects of focal concerns variables on arrest decision making in sexual assault cases followed the systematic review protocols provided by the Campbell Collaboration of Systematic Reviews. Specifically, we used the Campbell Collaboration recommendations to search empirical literature and used meta-analysis to evaluate the size, direction, and strength of the impact of focal concerns variables on arrest decisions. Our search strategy detected 14 eligible studies and 79 effect sizes. The meta-analysis found several robust and statistically significant correlates of arrest. In fact, each focal concerns concept produced at least one robust arrest correlate. Overall, focal concerns offers a strong approach for explaining police decisions in sexual assault cases. Although practical concerns and resource constraints produced the strongest arrest correlates, results show the importance of additional case characteristics in officers’ decision to arrest.


Author(s):  
Anthony Gennaro Vito ◽  
Elizabeth L. Grossi ◽  
George E. Higgins

Purpose The purpose of this paper is to examine the issue of racial profiling when the traffic stop outcome is a search using focal concerns theory as a theoretical explanation for police officer decision making and propensity score matching (PSM) as a better analysis to understand the race of the driver. Design/methodology/approach The data for this study come from traffic stops conducted by the Louisville Police Department between January 1 and December 31, 2002. Findings The results show that the elements of focal concerns theory matter most when it comes to if a traffic stop that resulted in a search even though racial profiling was evident. The use of PSM provides evidence that it is a better statistical technique when studying racial profiling. The gender of the driver was significant for male drivers but not for female drivers. Research limitations/implications The data for this study are cross-sectional and are self-report data from the police officer. Practical implications This paper serves as a theoretical explanation that other researchers could use when studying racial profiling along with a better type of statistical analysis being PSM. Social implications The findings based on focal concerns theory could provide an explanation for police officer decision making that police departments could use to help citizens understand why a traffic stop search took place. Originality/value This is the first study of its kind to the researcher’s knowledge to apply focal concerns theory with PSM to understand traffic stop searches.


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