CJ 425: Exam 2

What is prosecutorial discretion?

A prosecutor's authority to decide whether and how to pursue a criminal case.

Where does prosecutorial discretion occur?

Police report review, charging, evidence review, plea negotiations, and trial or dismissal.

Who brings criminal charges?

The state, not the victim.

Can a victim drop criminal charges?

No. The prosecutor makes the final decision.

What is evidence-based prosecution?

Using evidence beyond the victim's testimony to build a case.

What evidence can be used in domestic violence prosecution?

Body camera footage, photos, 911 calls, medical records, witnesses, and messages.

Have domestic violence prosecution rates increased?

Research shows mixed results.

How often do victims withdraw or stop participating in domestic violence cases?

About 60-80%, according to class notes.

What is strongly related to the likelihood of prosecution?

Victim cooperation.

What is a no-drop policy?

A policy limiting dismissal of domestic violence charges based on victim preference.

What is a hard no-drop policy?

Prosecution continues regardless of victim preference.

What is a soft no-drop policy?

Allows victim collaboration and dismissal under certain circumstances.

What is the goal of no-drop policies?

Increase convictions and deter domestic violence.

How do no-drop policies limit discretion?

They restrict prosecutors' ability to dismiss cases.

What is a major limitation of no-drop policies?

They may reduce victim autonomy without improving convictions.

What can happen to case backlogs under no-drop policies?

They can increase.

How can no-drop policies affect victim satisfaction?

Satisfaction may decrease when preferences are ignored.

How can no-drop policies affect victims' cooperation?

Victims may become less cooperative.

Do no-drop policies always increase convictions?

No. Conviction rates may decline.

How can no-drop policies disempower victims?

They restrict victims' control over case decisions.

How can prosecutors become coercive under no-drop policies?

They may pressure victims to cooperate.

Which groups may be especially disadvantaged by coercive policies?

Marginalized groups already distrustful of police.

What is an alternative to mandatory prosecution?

Better evidence collection and victim advocacy.

What are specialized domestic violence units?

Prosecutorial units focused on domestic violence cases.

What is the role of a victim advocate?

Support victims and help them navigate the justice system.

What benefits are associated with victim advocacy?

Greater case participation and victim satisfaction.

Where are victim advocates more commonly found?

Larger jurisdictions.

What is a limitation of advocates working in prosecutors' offices?

They may prioritize case processing over victim needs.

What type of advocates may prioritize victim needs more?

Advocates in independent agencies.

Why does victim advocacy vary?

Differences in availability, experience, and knowledge.

What are the four categories of stalking tactics?

Surveillance, life invasion, intimidation, and interference.

What is surveillance in stalking?

Following, watching, tracking, or monitoring someone.

What is life invasion in stalking?

Unwanted contact or intrusion into personal life.

What is intimidation in stalking?

Actions intended to threaten or frighten someone.

What is interference in stalking?

Disrupting someone's relationships, work, or housing.

Examples of surveillance?

Following, tracking, watching, and showing up uninvited.

Examples of life invasion?

Unwanted calls, texts, emails, gifts, and rumors.

Examples of intimidation?

Threats, property damage, or threatening loved ones and pets.

Examples of interference?

Job disruption, housing problems, isolation, and custody violations.

What are common stalking behaviors?

Unwanted calls, messages, following, showing up, and leaving gifts.

What is intimate partner stalking?

Stalking by a current or former romantic partner.

Is intimate partner stalking more dangerous than stranger stalking?

Generally yes.

According to class notes, what percentage of stalking victims are stalked by former partners?

42%.

Who is at greater risk of stalking?

Younger women, especially college students.

When is stalking more likely to be reported?

When it involves an assault.

Do current stalking laws cover every stalking behavior?

No. Some behaviors fall outside existing statutes.

How has intimate partner stalking changed compared with other IPV forms?

Class notes indicate it has increased while other forms decreased.