NCJ Number
216203
Date Published
September 2006
Length
8 pages
Annotation
This study examined pretrial release outcomes for misdemeanor domestic violence (DV) cases in New York City and compared them with the outcomes for non-DV cases, with a focus on three types of pretrial misconduct: failure to appear for a scheduled court appearance, pretrial rearrest for any new offense, and pretrial rearrest for a new DV offense.
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 in efforts to reduce failure to appear at court, judges should be attentive to defendants with more serious criminal histories, weaker community ties, or are charged with criminal contempt. Given that a significant minority of defendants are rearrested for new DV offenses even after the court has issued a temporary order of protection, some DV defendants should be required to enroll in a pretrial supervised release program, so as to monitor defendants' compliance with release conditions. Data for this study were drawn primarily from the database of the New York City Criminal Justice Agency. 8 figures