Predicting Pretrial Misconduct Among Domestic Violence Defendants in New York City

• NCJ Number: 225829
• Author(s): Richard R. Peterson Ph.D.
• Date Published: May 2008
• Length: 76 pages
• Sale Source: New York City Criminal Justice Agency, Inc
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study developed models for predicting pretrial misconduct among domestic-violence (DV) defendants arrested in New York City in the first quarter of 2001 and the third quarter of 2002, in order to determine the factors that influenced the likelihood of pretrial rearrest among DV defendants, as well as the factors that influenced the likelihood of pretrial failure to appear (FTA) for court processing and/or pretrial rearrest for new DV offenses.

Abstract

The study found that pretrial rearrest among DV defendants was most strongly related to age, criminal history, community ties, arraignment charge type, release characteristics, borough, and sex. Age had the strongest impact, with younger defendants being more likely to be rearrested during the pretrial period. The strongest predictors of the combined risk of FTA and/or pretrial rearrest for a new DV offense were age, any prior arrest, unemployment, other measures of criminal history and community ties, arraignment charge type, release characteristics, borough, and sex. As in the model of pretrial rearrest, age had the strongest influence. Although the courts cannot explicitly take the risk of pretrial rearrest into account in making decisions about bail and release under New York State law, they are authorized to set conditions of release. Temporary orders of protection are routinely ordered in most DV cases, usually requiring the defendant to stay away from the victim’s home, school, or workplace, and/or refrain from harassment or intimidation. The use of supervised release programs could also be helpful in reducing rearrests and preventing FTA. This would require the development and implementation of such a program, since no supervised release program currently exists for those on pretrial release in New York City. Data for this study were drawn primarily from the database of the New York City Criminal Justice Agency, Inc. 5 tables, 5 figures, 24 references, and appended statistical methods, distribution of variables for regression models, and the coding of variables for regression models