A Focal Concerns Perspective on Prosecutorial Decision Making in Cases of Intimate Partner Stalking

Abstract

Despite millions of stalking victims contacting the police each year, suspects are rarely arrested or prosecuted. While prosecutors are ultimately the gatekeepers to holding defendants accountable, few studies have examined the factors influencing charging decisions in stalking cases. Using the focal concerns perspective, this study analyzed 5 years of domestic violence and stalking case outcomes in Rhode Island. Findings indicated that prosecutors were more likely to prosecute stalking cases when defendants evoked fear in the victim and pursued victims in public. The decision to prosecute stalking versus other domestic violence–related charges was motivated by the location of the offense and the defendant’s history of physical abuse toward the victim. Neither extralegal factors nor characteristics of blameworthiness or suspect culpability influenced prosecutorial decision making. Findings underscore the legal complexities of stalking and suggest the need for additional insight on prosecutorial perspectives and strategies to articulate the fear standard in stalking cases.