Mandatory Penalties, Victim Cooperation, and the Judicial Processing of Domestic Abuse Assault Cases

Abstract

In 1991, the state of Iowa instituted a mandatory 2-day jail sentence and mandatory participation in a batterers' education program for conviction of misdemeanor domestic abuse assault. This article examines the impact of mandatory penalties on case processing, convictions, and sentences in one Iowa county. This examination shows that, although those convicted of domestic abuse assault did receive greater penalties, conviction rates declined considerably. Furthermore, cases became more complex and time-consuming. Mandatory penalties produced these results by reducing the percentage of defendants who pleaded guilty and increasing the importance of the cooperation of the victim for obtaining convictions.