NCJ Number
56457
Date Published
1978
Length
70 pages
Annotation
FAMILY OFFENSES HANDLED BY THE FAMILY COURT SYSTEM IN NEW YORK AND THE STATE'S PROBATION DEPARTMENT ARE EXPLORED.
Abstract
THE FAMILY COURT SYSTEM IN NEW YORK IS PRIMARILY CONCERNED WITH CHILD WELFARE AND FAMILY MATTERS, INCLUDING JUVENILE VIOLATIONS, CHILD NEGLECT, CUSTODY, PLACEMENT AND ADOPTION, SUPPORT AND PATERNITY DETERMINATION, AND CERTAIN OFFENSES COMMITTED BETWEEN ADULT FAMILY MEMBERS. FAMILY OFFENSES CONSIST OF ASSAULT AND ATTEMPTED ASSAULT, AS WELL AS RECKLESS ENDANGERMENT, HARASSMENT, AND MENACING AND DISORDERLY CONDUCT. THE PROCESSING OF FAMILY OFFENSE MATTERS INVOLVES TWO COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM, THE FAMILY COURT AND THE PROBATION DEPARTMENT WHICH CONSTITUTE THE FAMILY COURT SYSTEM. DATA ON FAMILY OFFENSES IN NEW YORK WERE OBTAINED FOR THE PERIOD FROM SEPTEMBER 1976 THROUGH JANUARY 1977. FROM A SAMPLE OF 148 CASES, 142 RECORDS WERE SELECTED FOR ANALYSIS. APPROXIMATELY 75 PERCENT OF ALL CASES INVOLVED ALLEGATIONS OF ABUSE BETWEEN SPOUSES. THE MEDIAN AGE OF PETITIONERS IN FAMILY OFFENSE CASES WAS 33 YEARS. A MAJORITY OF PETITIONERS ALLEGING FAMILY OFFENSES CLAIMED TO HAVE BEEN PHYSICALLY ASSAULTED, BUT ONLY ABOUT 40 PERCENT REPORTED MORE THAN ONE SUCH INCIDENT. CASES FOLLOWED ONE OF THREE PATHS THROUGH THE FAMILY COURT SYSTEM: 40 PERCENT WERE SERVED ONLY BY THE PROBATION DEPARTMENT'S INTAKE SECTION AND THUS DIVERTED FROM THE FAMILY COURT; 48 PERCENT WERE SERVED FIRST BY THE PROBATION DEPARTMENT'S INTAKE UNIT AND THEN REFERRED TO THE FAMILY COURT; AND 12 PERCENT BYPASSED SERVICES OF INTAKE PROBATION OFFICERS AND WENT DIRECTLY TO THE FAMILY COURT. THREE OF EVERY 10 PETITIONERS ENTERING THE FAMILY COURT SYSTEM ON NEW FAMILY OFFENSE MATTERS HAD BEEN THERE BEFORE IN AT LEAST ONE OTHER ACTION. NEARLY 25 PERCENT OF PETITIONERS RECEIVING INTAKE SERVICES WERE INTERESTED IN EFFECTING A RECONCILIATION OR IN OBTAINING SUPPORT PAYMENTS, RATHER THAN IN SECURING PROTECTION FROM FURTHER ABUSE. THE MAIN SERVICE SCHEDULED BY PROBATION AT INTAKE WAS A CONFERENCE, AND THE PROBATION DEPARTMENT SENT OVER HALF OF ITS FAMILY OFFENSE CASES TO COURT. SEVEN OF EVERY TEN CASES SEEN IN THE FAMILY COURT CAME BEFORE A JUDGE ON THE SAME DAY THEY ENTERED THE SYSTEM, AND 8 OF 10 GOT THERE BY WAY OF THE PROBATION INTAKE UNIT. TWO-THIRDS OF ALL CASES INVOLVING FAMILY OFFENSES WERE DISMISSED, PRIMARILY BECAUSE PETITIONERS FAILED TO APPEAR AT HEARING. IN TRACKING A GROUP OF FAMILY OFFENSE PETITIONERS FROM THEIR TIME OF INTAKE UNTIL 1.5 YEARS LATER, IT WAS FOUND THAT 7 OF 10 APPEARED IN COURT AGAIN. SUPPORTING DATA ARE TABULATED. INFORMATION ON THE SAMPLING PROCEDURES OF THE STUDY IS PROVIDED IN AN APPENDIX. (DEP)