RELATED PARTY DISPUTES IN CRIMINAL COURTS - SOME DATA AND SPECULATIONS ABOUT ALTERNATIVE FUNCTIONS (FROM THE STUDY OF CRIMINAL COURTS - POLITICAL PERSPECTIVES, 1979, BY PETER F NARDULLI - SEE NCJ-62401)

• NCJ Number: 62402
• Author(s): H JACOB
• Date Published: 1979
• Length: 13 pages
• Corporate Author: Ballinger Publishing Co
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THE FREQUENCY OF RELATED PARTY CRIME (VICTIM AND OFFENDER KNOW ONE ANOTHER), CHARACTERISTICS OF VICTIMS, FINDINGS FROM VICTIM SURVEYS REGARDING RELATED PARTY OFFENSES, AND COURT PROCESSING OF SUCH CASES ARE DISCUSSED.

Abstract

THERE ARE NO RELIABLE ESTIMATES OF RELATED PARTY CRIME, SINCE BOTH THE UNIFORM CRIME REPORTS AND THE VICTIMIZATION SURVEYS ARE FLAWED INSTRUMENTS FOR ESTIMATES. A RECENT STUDY OF FELONY DISPOSITIONS IN NEW YORK CITY, HOWEVER, SHOWS THAT RELATED PARTY CASES ARE MUCH MORE FREQUENT THAN IS USUALLY PRESUMED. FINDINGS FROM VICTIMIZATION SURVEYS CONDUCTED BY THE CENSUS BUREAU SINCE 1972 SHOW THAT RELATED PARTY VICTIMS TEND TO BE LOWER CLASS MORE OFTEN THAN STRANGER VICTIMS, WITH ONLY SLIGHT SOCIOECONOMIC DIFFERENCES BETWEEN THOSE RELATED PARTY VICTIMS WHO CALL THE POLICE AND THOSE WHO DO NOT. ATTEMPTED MAJOR ASSAULTS OCCUR SLIGHTLY MORE FREQUENTLY AMONG RELATED PARTY VICTIMS, WHILE LESS MAJOR ASSAULTS (ATTEMPTED RAPE, MINOR ASSAULTS WITHOUT A WEAPON, BUT WITH POSSIBLE THEFT) INVOLVE STRANGERS SLIGHTLY MORE OFTEN THAN RELATED PARTIES. ATTEMPTED MINOR ASSAULTS OCCUR WITH THE SAME FREQUENCY FOR BOTH KINDS OF VICTIMS. THE CRIME SITE REMAINS THE PRINCIPAL DIFFERENCE FOR THESE TWO CATEGORIES OF VICTIMIZATIONS, WITH THE RELATED PARTY VICTIM LIKELY TO BE ABUSED IN FAMILIAR SURROUNDINGS. SURVEY RESULTS SUGGEST THAT RELATED PARTY VICTIMS ARE NOT DISTINGUISHED BY THEIR ATTITUDES TOWARD CRIME OR THEIR VULNERABILITY TO CRIMES LIKELY TO BE COMMITTED BY A STRANGER. THE LACK OF HOMOGENEITY OF RELATED PARTY VICTIMS MAKES SUCH INCIDENTS A COMPLICATED PHENOMENON FOR THE COURTS. LITTLE IS KNOWN ABOUT THE WAY COURTS HANDLE SUCH DISPUTES, ALTHOUGH EVIDENCE SHOWS THAT A HIGH PERCENTAGE ARE DROPPED BECAUSE THE VICTIM DECIDES NOT TO TESTIFY AGAINST THE ACCUSED. BECAUSE THE DISPUTE PROCESSING FUNCTION OF THE COURTS IS APPARENTLY LARGELY INEFFECTIVE IN SUCH CONFLICTS, JUDGES AND PROSECUTORS TEND TO VIEW THE BULK OF RELATED PARTY CASES AS A WASTE OF THE COURT'S TIME. OFFICIAL CONTACT WITH THE POLICE AND COURTS, ALTHOUGH LIMITED AND TRUNCATED, OF THE PARTICIPANTS IN A RELATED PARTY DISPUTE MAY SERVE TO MAINTAIN A BALANCE OF POWER IN AN ONGOING RELATIONSHIP, BUT MORE EMPIRICAL STUDY IS REQUIRED FOR DEFINITE CONCLUSIONS. REFERENCES ARE PROVIDED. (RCB)