NCJ Number
205191
Date Published
December 2003
Length
8 pages
Annotation
This report presents new data to update an earlier report (April 2003) on the impact of New York City's policies and procedures for addressing domestic violence (DV) offenders.
Abstract
New York City's approaches for combating domestic violence over the last decade have included the institution of mandatory and presumptive arrest policies, the establishment of specialized prosecution bureaus and victim advocacy programs, and the creation of specialized domestic violence courts within the court system. In examining the impact of these policies, the current study analyzed data from the New York City Criminal Justice Agency (CJA) database on offenders arrested during the first quarter of 2001. Researchers also observed the operation of specialized domestic violence courts and interviewed judges, assistant district attorneys, defense attorneys, domestic violence resource coordinators, and others. The study focused on three issues: how case outcomes for DV cases differed from those of comparable non-DV cases; the effects of prosecutorial policies on DV case outcomes; and the effects of case outcomes and criminal sanctions on the recidivism of DV offenders. The study found that DV cases were less likely than non-DV cases to result in conviction or a jail sentence, even after taking into account differences in defendant and case characteristics; however, this report advises that since DV cases and non-DV cases are inherently different, it is inappropriate to interpret these findings as evidence that DV cases are treated more leniently. Still, these findings indicate that despite recent efforts to devote more time and resources to the strengthening of evidence in DV cases, the conviction rate remains substantially lower than in non-DV cases. Prosecutorial screening policies had a significant impact on conviction rates. When the victim signed the complaint (as in the Bronx), the conviction rate was relatively high. When prosecutors pursued virtually all DV cases regardless of victim cooperation, the conviction rate was relatively low. The study found that more severe criminal sanctions did not reduce recidivism among DV offenders, after taking criminal history into account. Suggestions for increasing the conviction rate are to reduce caseloads to allow prosecutors more time to work with victims and gain their cooperation; expand the use of counseling and advocacy service for victims; use evidence-based prosecution; and reduce case-processing time. Regarding case screening, the report favors a first-party complaint policy and the maximization of DV offender monitoring in virtually all cases where an arrest is made. Regarding recidivism reduction for DV offenders, the report favors jail sentences to incapacitate chronic DV offenders, arrest as a deterrent to domestic violence, and the provision of services to victims that will assist them in preventing future victimization.