Diviney Charles L, Parekh Asha, Olson Lenora M
Salt Lake Area Domestic Violence Coalition, UT, USA.
J Interpers Violence. 2009 Jul;24(7):1209-21. doi: 10.1177/0886260508322185. Epub 2008 Aug 13.
This study compares final sentencing decisions ordered by judges to federal and state sentencing guidelines for protective order violations. The authors reviewed violations that were pled before the largest district court in Utah and found that in the majority of cases, defendants were not sentenced in accordance with federal and state guidelines. Although state guidelines mandate defendants who violate a protective order to attend a batterer intervention program, less than one fourth of defendants were sentenced to attend such programs. Fewer than half of the defendants were arrested and incarcerated, as opposed to the 100% mandated by state sentencing guidelines. Federal guidelines mandate that all defendants be ordered to surrender firearms, but only six defendants were given that order. This study shows that the judicial system could be more aggressive in improving the safety of victims of intimate partner violence by using the full extent of the sentencing guidelines.
本研究将法官做出的最终量刑决定与联邦和州关于违反保护令的量刑指南进行了比较。作者审查了在犹他州最大的地区法院认罪的违规案件，发现大多数情况下，被告的量刑并未遵循联邦和州的指南。尽管州指南规定违反保护令的被告须参加施暴者干预项目，但不到四分之一的被告被判处参加此类项目。只有不到一半的被告被逮捕并监禁，而州量刑指南规定的比例为100%。联邦指南规定所有被告都必须被责令交出枪支，但只有6名被告收到了这样的命令。这项研究表明，司法系统可以更积极地通过充分利用量刑指南来提高亲密伴侣暴力受害者的安全性。
