Individualising probation conditions in cases of domestic violence: The study of sentencing practice in Lithuania

Abstract

Based on an empirical quantitative study, the paper examines the sentencing trends and individualisation of probation conditions in domestic violence cases. The study sample included 577 Lithuanian court verdicts for moderate bodily injury in a domestic setting between 2015 and 2019. The study results suggest that the length of the probation period imposed by the courts may depend on the offender’s conviction history but is not related to the offender’s socio-demographic characteristics and the mitigating or aggravating circumstances. Such characteristics as employment and marital status, mitigating and aggravating circumstances may relate to the type of sentence decisions. The study revealed a discrepancy between the main characteristics of the offender and the nature of probation conditions imposed by courts. Based on study results, the authors of this paper presume that Lithuanian sentencing practice lacks evidence-based individualisation of probation conditions.