NCJ Number
216210
Date Published
September 2006
Length
90 pages
Annotation
This study compared pretrial-release outcomes for domestic violence (DV) cases and non-DV cases and then examined models for predicting failure to appear for a scheduled court appearance and rearrest for a new DV offense during the pretrial period.
Abstract
The study found that most defendants in DV cases were released during the pretrial period, and their rates of pretrial misconduct were relatively low. Pretrial release outcomes and rates of pretrial misconduct for DV defendants were similar to those for non-DV defendants. DV and non-DV defendants were rearrested for different types of offenses, with DV defendants much more likely to be rearrested for a new DV offense during the pretrial period. For DV defendants, pretrial failure to appear at a scheduled court appearance hearing was most likely for younger defendants, those with more serious criminal histories, those with a prior record of failing to appear, and those without community ties. Pretrial rearrest for a new DV offense was more likely for young defendants and defendants with more serious criminal histories, particularly those with two or more open cases. The findings suggest that courts should be attentive to criminal history in making pretrial release decisions for DV defendants. Additionally, courts should focus on three aspects of community ties: whether the defendant is employed, expects anyone at arraignment, and has a telephone. Courts might also reduce failure to appear by reducing the rate at which defendants who have been detained at arraignment are released after arraignment. Data for this study were drawn primarily from the database of the New York City Criminal Justice Agency, which contains information on the arrest, case processing, and case outcomes of most New York City arrestees. Extensive tabular data and 87 references