Gender and Racial/Ethnic Differences in Criminal Justice Decision Making in Intimate Partner Violence Cases

This literature review examines the existing empirical literature on gender and racial/ethnic differences in issuance of protective orders, arrest, prosecution, and simulated jury verdicts in intimate partner violence cases. An evaluation of the methodologies employed found that some studies have used surveys of reactions to simulated scenarios, others official data sources, such as police reports and court records, and others interviews or surveys of victims or suspects; but few have used triangulation of different types of sources. Most studies on differential treatment in arrest and prosecution have focused on gender and then race, whereas studies on differential decision making in the issuance of protective orders and jury decision making have focused primarily on gender. In terms of the differential criminal justice response regarding demographic categories, it appears that there is the less favorable treatment of males but more impartial treatment toward racial/ethnic minorities regarding the issuance of protection orders, arrest, and prosecution.