Known Criminal - Non-Stranger Crime and the Criminal Courts

An analysis of felony firearm data and interviews with prosecutors and victims in nonstranger cases led to this conclusion. Prosecutors see nonstranger cases as difficult. They are uncertain about what has happened and whether it is a crime. Further, complainants often drop the prosecution; and if they proceed with the complaint, they are frequently uncertain about what they want the court to do. Prosecutors also view nonstranger cases as unimportant, because the defendants generally do not pose a danger to society. Therefore, prosecutors do not believe there is a strong public interest in nonstranger cases. Consequently, the prosecutor is more willing to be directed by the complainant's desires in these cases. Nonstranger victims are less certain about the desired outcome and less interested in punishment of the defendant than are victims of crimes involving strangers. To treat nonstranger cases as private disputes which are not as serious as comparable stranger crimes may result in serious cases slipping through the system. To treat them as crimes may reduce the amount of influence the victim can have on case outcome. Neither approach is completely satisfying. Footnotes and a 47-item bibliography are provided.