Factors Shaping Prosecutorial and Judicial Decision-Making in Intimate Partner Violence Cases: A Scoping Review

Background and Purpose: According to the Bureau of Justice Statistics, there were 951,930 intimate partner violence (IPV) instances in 2022. In the United States, the criminal justice system has served as the primary intervention for addressing IPV. However, disproportionately sentencing based on people’s social identities not only perpetuates injustice, undermining the principles of judicial fairness, but also negatively impact their families and children.

Methods: This research is a scoping review that aims to examine the factors associated with prosecutorial or judicial decision-making in IPV criminal cases. The research questions are: Among quantitative studies, what factors significantly affect prosecutorial and judicial decisions in IPV criminal cases? Among qualitative studies, what themes are relevant for prosecutorial and judicial decisions in IPV criminal cases? Studies were included if they were: (a) empirical peer-reviewed articles; (b)published between January 1, 2004 and December 31, 2023; (c) written in English; (d) included prosecutors’ or judges’ decision as the outcome (i.e., whether the offenders will be charged, what charges will be filed, whether to engage in plea bargaining; decision about pretrial release, incarceration, and sentence length); and (e) IPV criminal cases. Two independent researchers screened abstracts using the predefined inclusion and exclusion criteria. Disagreements between the reviewers were resolved through discussion.

Studies were excluded if they were (a) other types of interpersonal violence (i.e., sexual assault between strangers); (c) victims' self-defense cases; (e) other cases involving IPV (i.e., child custody cases).

Results: A total of 1,439 records were identified across 10 databases; 781 were screened after removing duplications, and 26 met inclusion criteria. Among them, most were conducted in the United States (81.8%). 18 studies (69.2%) used quantitative methods, including 3 experimental or hypothetical scenario studies and 15 based on official records such as court and police documents, 4 studies (15.4%) used qualitative methods, employing individual interviews and focus groups, 4 studies (15.4%) used mixed methods. Factors affecting judicial outcomes included:

• Legal factors (e.g., prior DV/criminal history, victim/offender testimony, presence of injuries or weapons, number of charges, substance use)
• Extralegal factors/identity factor (e.g., offender gender, race/ethnicity, employment status, relationship status, victim cooperation, presence of children, same-sex vs. opposite-sex couples)
• Contextual factors (e.g., prosecutor gender, attorney type, police training, court location, evidence collection procedures)

Conclusions: Judicial decision-making in IPV cases is not driven solely by legal facts. There is a complex interplay between legal, identity-based, and procedural factors. The influence of extralegal factors like race, gender, and relationship status suggests systemic biases and stereotypes, e.g. certain identities may be perceived as more dangerous or less cooperative, influencing harsher outcomes. Contextual factors such as police training, quality of evidence collection, and attorney type demonstrate that disparities are not only rooted in individual biases but also in the structure of the legal system itself. These findings underscore the importance of improving training and standardizing practices.