NCJ Number
172664
Journal
Howard Journal of Criminal Justice Volume: 36 Issue: 2 Dated: (May 1997) Pages: 146-157
Date Published
1997
Length
12 pages
Annotation
This empirical investigation of the prosecution of domestic assault in England focused on various decisions made by criminal justice agencies in domestic assault cases and confirmed a high withdrawal rate on the part of victims from cooperating with the prosecution.
Abstract
The police files sample produced 296 initial domestic assault charges for analysis, and the concluding charge in this sample demonstrated domestic assault cases were characterized by high rates of withdrawal, high rates of bind over, and a paucity of sustained serious charges. Domestic assault cases were almost exclusively the province of magistrate courts; 94 percent of domestic assault cases compared to 79 percent of non-domestic assault cases were dealt with in these courts. In 35 percent of the cases sampled, a conviction was obtained without the need for the victim to attend court. In 24 percent of the cases sampled, the woman withdrew her complaint. Some women who did go to court indicated that only a bare outline of the domestic assault incident was presented to the court and that the prosecutor underplayed the extent of violence. Sentencing decisions tended to be rather lenient, and some magistrates justified their use of modest penalties in terms of their desire not to impose penalties that would affect both victim and offender when parties were still in a relationship. Despite an expressed willing to take domestic assault cases seriously, the Crown Prosecution Service, police, and courts appeared to view such cases through the lens of the couple or the family. This finding explained the reluctance of women to cooperate with the prosecution; some women perceived they should not cooperate in an arduous and potentially dangerous enterprise if the criminal justice system was not going to help them. 14 references, 11 notes, and 3 tables