Specialized Felony Domestic Violence Courts: Lessons on Implementation and Impacts from the Kings County Experience
Report Submitted to the Center for Court Innovation
and the National Institute of Justice
Lisa Newmark
Mike Rempel
Kelly Diffily
Kamala Mallik Kane
This evaluation documents key features of Brooklyn’s Felony Domestic Violence Court model, and traces its development, implementation, challenges, evolution, and expansion. We also conducted a pre/post evaluation of how the model influences case processing, outcomes, and recidivism. We found that the existence of the specialized court seemed to change the types of cases entering it, in that prosecutors were more likely to indict cases with less severe police charges than before. This may have influenced case processing, disposition, and sentencing patterns. FDVC victims were more likely to be assigned an advocate, and defendants on predisposition release were more likely to be required to participate in a batterers’ intervention program. The Court itself produced a higher rate of disposition by guilty plea, which saves the system time and money. Interpretations of recidivism findings are severely constrained by limitations in the recidivism data and the pre/post design. We
consistently found that criminal history, especially criminal contempt of court orders, predicted how well defendants performed pre- and post-disposition. Recommendations for future research efforts are offered.
A National Portrait of Domestic Violence Courts
By Sarah Picard-Fritsche, Melissa Labriola, Samantha Moore, Chris S. O’Sullivan and Michael Rempel
This study explores the goals, policies, and practices of criminal domestic violence courts nationwide. Based on in-depth visits to select sites and a national survey completed by 129 domestic violence courts, results point to strong national convergence around the fundamental goals of victim safety and offender accountability. However, the study identifies other goals about which there is less agreement (e.g., offender rehabilitation or case processing efficiency) and reveals wide variations in court policy and practice.
Domestic violence cases involving spouses and other intimate partners often entail complex processes that require careful consideration by the criminal justice system. In the 1990s, many jurisdictions began to create specialized domestic violence courts for judges to ensure follow-through on cases, aid domestic violence victims, and hold offenders accountable, with the assistance of justice and social service agencies.
By specializing in domestic violence offenses, these courts aim to process cases more efficiently and deliver more consistent rulings about domestic violence statutes. Some domestic violence courts also incorporate a stronger focus on rehabilitation of offenders and deterrence of repeat offenses.
