This study examined the ways in which the model of the
Kings County Felony Domestic Violence Court (FDVC) changed the way
cases were processed and adjudicated, the impact of this approach on
outcomes, and its effects on recidivism. In order to evaluate the
implementation and effectiveness of the FDVC, the researchers selected
three samples of cases for collection of detailed data and comparisons
on case characteristics, processing, and outcomes. First, felony
domestic violence cases indicted from 1995 to early 1996 before the
FDVC was established, and adjudicated by various parts of the state
Supreme Court were studied. These pre-FDVC cases provided a comparison
group for assessing differences associated with the FDVC model. Very
few of these cases had felony protection order violations as the sole
or top indictment charge, since they predated the implementation of
the expanded criminal contempt law that went into effect in September
1996. Second, a sample of cases adjudicated by FDVC in its early
period (the first half of 1997, after the model was fully implemented)
and similar in indictment charges to the pre-FDVC cases was
selected. These were cases that had indictment charges other than, or
in addition to, felony criminal contempt charges for protection order
violations. In other words, these were cases that would have been
indicted and adjudicated in the state Supreme Court even without
application of the September 1996 law. Third, because the September
1996 law felonizing many protection order violations (under criminal
contempt statutes) broadened the types of cases handled by the Supreme
Court, compared with those handled in the Supreme Court prior to this
law, an additional sample of cases adjudicated by the FDVC (beginning
in the first half of 1997) was selected. This was a small sample in
which felony protection order violations were the only indicted felony
charges. These cases would not have been indicted on felonies during
the pre-FDVC period, and so would have remained in the criminal courts
as misdemeanors. The inclusion of this sample allowed the researchers
to assess how the protection order violation cases were different from
the general population of FDVC cases, and how they might be handled
differently by the Court and partner agencies. These cases were
designated "CC-only" because their only felony indictment was for
criminal contempt, the law under which felony protection order
violations were charged. Variables in Part 1, Recidivism Data, contain
information on number of appearance warrants issued, days incarcerated
for predisposition, number of appearances for predisposition and
post-disposition, bail conditions (i.e., batterer treatment or drug
treatment), top charge at arrest, indictment, and disposition,
indications of defendant's substance abuse of alcohol, marijuana, or
other drugs, and psychological problems, types of disposition and
probation, months of incarceration, sentence conditions, history of
abuse by defendant against the victim, length of abuse in months,
history of physical assault and sexual abuse, past weapon use, and
medical attention needed for past domestic violence. Additional
variables focus on whether an order of protection was issued before
the current incident, whether the defendant was arrested for past
domestic violence with this victim, total number of known victims,
weapon used during incident, injury during the incident, medical
attention sought, number of final orders of protection, whether the
defendant was jailed throughout the pending case, number of releases
during the case, number of reincarcerations after release, whether the
victim lived with the defendant, whether the victim lived with
children in common with the defendant, relationship between the victim
and the defendant, number of months the victim had known the
defendant, number of children in common with the defendant, whether
the victim attempted to drop charges, whether the victim testified at
trial, whether a victim advocate was assigned, total violations during
pending case, predisposition violations, and number of probation
violations. Demographic variables in Part 1 include defendant and
victims' gender, race, victim age at defendant's arrest, defendant's
income, employment status, and education. Variables in Part 2, Top
Charge Data, relating to the defendant include number and types of
prior arrests and convictions, top charge at arrest, severity of top
charge at arrest, top charge at grand jury indictment, severity of top
charge indictment, disposition details, Uniform Crime Reporting (UCR)
arrest indicators, child victim conviction indicator, drug conviction
indicator, weapon conviction indicator, types of probation, sentence,
disposition, and offenses. Demographic variables in Part 2 include sex
and race of the defendant.