Texas Christian University, Fort Worth, TX, USA.
J Interpers Violence. 2022 Jul;37(13-14):NP11605-NP11627. doi: 10.1177/0886260521993923. Epub 2021 Feb 19.
Factors affecting prosecutorial decision-making represent one of the most understudied parts of the criminal justice system. Documenting these influences in relation to sexual assault cases is even more rare. The present study analyzed the complete prosecutorial case files of a large, southern district attorney's office regarding all adult sexual assault cases received over a three-year period. Logistic regression and continuation ratio modeling were used to determine which factors were related to continued progression through the court system, from charging to sentencing. The findings indicate that cases with older or Latino defendants, as well as cases involving injury to the victim, were significantly more likely to be charged. A continuation ratio model of subsequent case outcomes indicated that factors such as DNA evidence, the use of a weapon, and the inclusion of a victim impact statement increased the likelihood of a case progressing to later stages of the system. The influence of criminal history and the amount of prosecutor contact with the victim, however, varied across outcomes. Namely, criminal history increased the odds of receiving a prison sentence while prosecutor contacts with the victim increased the odds of case indictment. These findings imply potential shifts in the treatment of these cases while also suggesting areas of improvement. Namely, prosecutors should strive to increase the amount of meaningful contacts with victims and encourage their participation in the court process. These findings also support the use of sexual assault packets by law enforcement to improve and standardize reporting practices for these cases.
影响检察决策的因素是刑事司法系统中研究最少的部分之一。记录与性侵犯案件相关的这些影响更为罕见。本研究分析了一个大型南方地区检察官办公室在三年内收到的所有成年性侵犯案件的完整检察案件档案。逻辑回归和连续比例模型用于确定哪些因素与从指控到判刑的整个法院系统的持续进展有关。研究结果表明,被告年龄较大或拉丁裔,以及涉及受害者受伤的案件,更有可能被指控。后续案件结果的连续比例模型表明,DNA 证据、使用武器和包括受害者影响陈述等因素增加了案件进入系统后续阶段的可能性。然而,犯罪记录和检察官与受害者接触的数量等因素在不同的结果中有所不同。具体而言,犯罪记录增加了被判入狱的几率,而检察官与受害者的接触增加了案件起诉的几率。这些发现意味着这些案件的处理可能会发生变化,同时也提出了需要改进的领域。具体而言,检察官应努力增加与受害者的有意义接触,并鼓励他们参与法庭程序。这些发现还支持执法部门使用性侵犯案件包来改进和规范这些案件的报告做法。