Michelle Madden Dempsey Prosecuting Domestic Viol

Authors: Rosemary Hunter

Publish Date: 2010/08/06

Volume: 18, Issue: 2, Pages: 195-199

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Abstract

Prosecuting Domestic Violence is animated by a key question in the criminal justice response to domestic violence what should prosecutors do when victims withdraw support for the prosecution Victim withdrawal and consequent case attrition is the central reason offered by police and prosecutors for low charging and conviction rates for domestic violence offences As Dempsey points out however lack of cooperation by the victim does not as a practical matter preclude prosecution It ought to be possible to proceed without or even against the victim’s evidence provided that other evidence has been properly gathered Rather the question is the normative one of whether prosecutors shouldproceed in this situation This requires consideration of the value of criminal prosecutions for domestic violence per se and the value of pursuing prosecution in any given case of victim withdrawal As such the book engages with debates about mandatory prosecution and ‘no drop’ policies that have

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