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Prosecutorial Decision Making in Domestic Violence Cases: A comparative analysis of enforcement systems

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Abstract:
Despite significant reforms in the 1960s, domestic violence remains a serious cause of injury and financial insecurity for American women. Scholars have proposed two reforms to respond to high rates of domestic violence. Under one reform, prosecutors have power to hold abusers accountable even without victim cooperation. Under the other, victims, not prosecutors, decide whether their abuser is arrested and prosecuted. Using data from New Mexico, I perform a mixed-methods study to analyze the viability of both reform systems. I find that New Mexican women face barriers to reporting and that legal systems and treatment programs are underfunded. Additionally, women do not report their abusers and, among those who do, many return to their abusive spouse. I conclude that these data support a system where prosecutors have power to enforce domestic violence without victim participation. Further, current enforcement systems require a renewed focus of diversion and rehabilitation rather than incarceration.
Notes:
Senior thesis (AB)--Brown University, 2022
Concentration: Public Policy

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Citation

Hodges, Claire L., "Prosecutorial Decision Making in Domestic Violence Cases: A comparative analysis of enforcement systems" (2022). The Watson Institute for International and Public Affairs Theses and Dissertations. Brown Digital Repository. Brown University Library. https://doi.org/10.26300/eqpy-j576

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