Understanding Decision-Making in Specialized Domestic Violence Courts

2016 ◽  
Vol 23 (6) ◽  
pp. 749-771 ◽  
Author(s):  
Gillian M. Pinchevsky

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.

2017 ◽  
Vol 32 (2) ◽  
pp. 279-298 ◽  
Author(s):  
Tara N. Richards ◽  
Angela R. Gover ◽  
Elizabeth A. Tomsich ◽  
Jesse Hansen ◽  
Cheryl R. Davis

The current research examines Colorado’s experience implementing evidence-based mandated treatment Standards, which use a uniform risk assessment, differentiated treatment levels, offender competencies, and a multidisciplinary treatment team (MTT) composed of a victim advocate, probation officer, and treatment provider to manage offender treatment. Using data from MTT member surveys (n = 107) and follow-up interviews (n = 14), the study investigates perceptions of implementation and treatment fidelity, MTT decision making and communication, and the process of successful treatment completion. Results demonstrate that full implementation of Colorado’s standards for domestic violence treatment has not yet been achieved and that many MTT members report challenges to communication and decision making regarding offender treatment plans and successful achievement of competencies. Recommendations for further improvements in Colorado’s domestic violence treatment model are made and directions for future research are discussed.


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.


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.


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.


The chapters in this handbook reflect on aspects of judicial decision-making in U.S. courts, with a focus on the factors and institutional dynamics that shape the choices judges make. The authors have provided chapters that describe existing research on multiple aspects of the decision-making process and environment, including chapters on judicial appointments and elections, court personnel (law clerks), trial and appellate processes, precedent and case selection, lawyers, litigants and interest groups, intergovernmental dynamics and the separation of powers, judicial attitudes and background characteristics, public opinion, and judicial impact and the implementation of court decrees. These chapters offer a comprehensive evaluation of the existing literature both for students who are new to these areas of behavioral research, as well as for scholars interested in identifying avenues for future research.


2005 ◽  
Vol 51 (4) ◽  
pp. 470-497 ◽  
Author(s):  
Michael J. Leiber ◽  
Kristan C. Fox

In recent years, the growing number of minority youth disproportionately confined in secure detention facilities has led to a search for a better understanding of this occurrence. Explanations vary but tend to center on either differential offending or selection bias. The present study examines the extent both may explain decision making by specifically assessing the effect of race on detention and the degree that race and detention influence further court processing in one juvenile court jurisdiction in the state of Iowa. Multivariate analyses using juvenile court data (1980 through 2000) show that although legal factors account for some of the decision making and minority over representation, so too does race. Evidence is presented that, through detention, race has direct, interaction, and indirect effects that often work to the disadvantage of African American youth relative to White youth. Implications for future research and policy are discussed.


2018 ◽  
Vol 65 (12) ◽  
pp. 1623-1647 ◽  
Author(s):  
Besiki Luka Kutateladze ◽  
Anna Leimberg

This study examines the influence of the type of defense counsel on prosecutorial and judicial decisions in domestic violence cases. We found that the type of defense counsel mattered more in sentencing compared with previous decision points. Cases handled by private attorneys were less likely to experience charge reductions at screening and be dismissed. However, decision patterns are reversed postarraignment, where charges start to decrease at a higher rate for cases represented by private counsel. Defendants represented by private lawyers were less likely to plead guilty, but they were also markedly less likely to face incarceration.


2021 ◽  
pp. 002221942098612
Author(s):  
Stefan Blumenthal ◽  
Yvonne Blumenthal ◽  
Erica S. Lembke ◽  
Sarah R. Powell ◽  
Patricia Schultze-Petzold ◽  
...  

The purpose of this explorative study was to examine the use and understanding of key components of data-based decision making by educators in two countries—Germany and the United States. Educators responded to a survey that asked about data use and characteristics related to data-based decision making (DBDM). Results suggest educators in both countries are focused on using data to monitor progress, although less so in Germany. Educators in both countries noted similar understanding of important features (e.g., psychometric properties) of data. Educators in the United States reported they used data for decision making at the classroom level almost twice as often as their counterparts in Germany, while German educators focused on decision making at the student level. These findings will influence future research, including joint studies that could use the best practices of both countries, and professional learning opportunities for educators in Germany and the United States.


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