Inter-judicial differences in approaching technical violations: Examining the interaction of judge and compliance issue for domestic violence probationers

Abstract

Few studies have examined differences in the sentencing practices of judges within a jurisdiction. Even more limited is research examining differences across judges in domestic violence courts despite the large amount of discretion afforded to judges in these courts in sanctioning decisions. The current study utilized data from a large urban county court to determine whether significant differences existed across judges in allocating a jail sanction in the domestic violence court. Three hundred forty seven probation review hearings in which at least one act of noncompliance were examined. Findings suggest significant differences in the use of jail for prohibited substance abuse, but not for other forms of noncompliance. The implications of these findings are discussed.