NCJ Number
212377
Journal
Criminology & Public Policy Volume: 4 Issue: 3 Dated: August 2005 Pages: 535-558
Date Published
August 2005
Length
24 pages
Annotation
This study examined how court oversight and conviction for misdemeanor domestic violence (DV) cases is impacted by mandatory and nonmandatory DV filing policies.
Abstract
During the past two decades, as a result of the Minneapolis Domestic Violence Experiment as well as several lawsuits against police departments, presumptive arrest in DV cases emerged as the main response to DV police calls. The current study compared the impact of mandatory and nonmandatory DV filing policies in two jurisdictions on three criminal justice goals for misdemeanor DV cases: (1) prevalence of court oversight; (2) duration of court oversight; and (3) probability of conviction. Data on misdemeanor DV cases were drawn from the New York City Criminal Justice Agency database containing information on arrest, case processing, and case outcomes for Brooklyn, NY (N=2,518 misdemeanor DV cases), which has a mandatory DV filing policy, and the Bronx, NY (N=1,690 misdemeanor DV cases), which has a nonmandatory DV filing policy. Results of statistical analyses indicated that under the mandatory DV filing scheme, the prevalence and duration of court oversight were greater, yet convictions for misdemeanor DV cases were more likely under a nonmandatory DV filing scheme. The findings suggest that the filing policies of criminal justice systems are related to the relative priorities of court oversight versus conviction. Future research should examine the impact of DV filing policies on victims’ participation, safety, and empowerment. Footnotes, tables, references