PROSECUTORIAL DISCRETION IN FILING CHARGES IN DOMESTIC VIOLENCE CASES*

Abstract

Based on data collected from prosecutors' files on domestic violence cases, the research reported here attempts to isolate variables associated with a decision to issue criminal charges in a case. The analysis reveals that variables reflective of the defendant's current or past choices were most strongly associated with the charging decision. Specifically, the defendant's appearing at the charging conference and his use of drugs or alcohol at the time of the violence were the factors most strongly associated with the decision to issue a criminal charge. Other related factors were also reflective of choices made by the defendant: degree of injury inflicted, the instrument used, the fact of prior offenses, and prior abuse of the particular victim.