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It's a gut feeling: the craft of diagnosing victim credibility and case convictability

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The #MeToo Movement has sparked debate across the world as to how prevalent sexual assault is and what can be done to help survivors. Although sexual assaults are the least likely crime to be reported to police, it is important to examine the criminal justice system’s treatment of these cases.…

The #MeToo Movement has sparked debate across the world as to how prevalent sexual assault is and what can be done to help survivors. Although sexual assaults are the least likely crime to be reported to police, it is important to examine the criminal justice system’s treatment of these cases. The focus of this thesis is on the prosecution of sexual assault cases. Specifically, the goal is to uncover the factors that impact prosecutorial decision-making in sexual assault cases across three different timepoints. This study examines qualitative interviews conducted in 2010 with 30 Deputy District Attorneys from Los Angeles, California. Results reveal that prosecutors’ largely rely on their “gut feelings” about whether a case will be successful based on a combination of factors, including: victim credibility, availability of evidence, and corroboration of the victim’s story, just to name a few. The study concludes with an examination of these results, a discussion on the limitations of the study and a guide for future research, and what policy changes can come from these findings.
ContributorsHale, Julianna (Author) / Talbot, Kathleen (Thesis advisor) / Stolzenberg, Stacia (Committee member) / Spohn, Cassia (Committee member) / Arizona State University (Publisher)
Created2019