Stalking: An Examination of the Criminal Justice Response

• NCJ Number: 221955
• Journal: Journal of Interpersonal Violence Volume: 18 Issue: 2 Dated: February 2003 Pages: 148-165
• Author(s): Carol E. Jordan; T. K. Logan; Robert Walker; Amy Nigoff
• Date Published: February 2003
• Length: 18 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study used secondary case analyses in examining the incarceration and prior offense histories of 346 men charged with stalking, as well as the time frame for prior offenses and the stalking offense, along with the interplay between criminal/protective order histories and the final disposition of the stalking charge.

Abstract

This study reinforces previous findings of a high rate of protective orders associated with stalking cases, particularly for felony stalkers compared with misdemeanant stalkers; two-thirds of the felony stalkers were under protective orders. If stalking is not deterred by a protective order, this suggests additional research is needed on the effectiveness of this civil protection measure against serious stalkers. The most frequent disposition of the stalking cases was dismissal (49.2 percent of initial felony charges, 54 percent of amended felony charges, 61.2 percent of initial misdemeanor charges, and 62.2 percent of amended misdemeanors). It was common for stalking charges to be amended to a lesser offense upon entering the system, most often to the misdemeanor level of stalking or to another threat-related crime. There were high rates of criminal offending among stalkers, a finding consistent with other research. The finding that drug/alcohol convictions were part of prior criminal history confirmed previous findings that alcohol and drug abuse are significant predictors of injuries related to stalking. Another important finding was the frequency of repeat criminal activity, notably violent and threat offenses, within a short period before the index stalking charge. These findings suggest the need to examine the effectiveness of the criminal justice system in responding to stalking charges, given the criminal histories and protective-order violations characteristic of those charged with stalking. The study involved 346 men charged with the criminal offense of stalking in Kentucky during fiscal year 1999. 4 tables and 36 references