NCJ Number
48814
Date Published
1978
Length
37 pages
Annotation
DAT'S, THEIR ROLE IN NEW YORK CITY CRIMINAL JUSTICE, THE CHARACTERISTICS OF THEIR RECIPIENTS, AND THEIR EVENTUAL LEGAL OUTCOMES ARE DISCUSSED ALONG WITH A PILOT PROGRAM IN PREARRAIGNMENT NOTIFICATION.
Abstract
DAT'S ARE WRITTEN APPOINTMENTS, OR SUMMONS, FOR ARRAIGNMENT AT A FUTURE DATE. THEY ALLOW RECIPIENTS TO BE RELEASED FROM CUSTODY SOON AFTER ARREST WITHOUT BAIL INSTEAD OF UNDERGOING PREARRAIGNMENT DETENTION. THE NEW YORK STATE CRIMINAL PROCEDURE LAW ALLOWS FOR DAT'S TO BE ISSUED IN ANY NONFELONY STREET ARREST, AND ONLY REQUIRES THE DEFENDANT TO SIGN AN ACKNOWLEDGEMENT THAT HE HAS RECEIVED THE DAT AND AGREES TO APPEAR ON THE DESIGNATED DAY. STATISTICS ON DAT ISSUANCE FOR NEW YORK, AS A WHOLE AND BY BOROUGHS, ARE GIVEN, AS WELL AS FIGURES ON TYPES AND SEVERITY OF CRIMES CORRELATED WITH DAT ISSUANCE. DIFFERENT DISTRIBUTIONS OF DEFENDANT AND CASE CHARACTERISTICS ARE APPARENT, AND THIS CAN BE ATTRIBUTED TO DIFFERENCES IN THE ECONOMIC AND DEMOGRAPHIC COMPOSITION OF THE BOROUGHS AND THE DECENTRALIZED ADMINISTRATION OF DAT ISSUANCE. AN EXAMINATION OF THE CRIMINAL HISTORY AND ARREST RECORDS OF DAT DEFENDANTS SHOWED THAT 63 PERCENT HAD BEEN PREVIOUSLY ARRESTED AND 33 PERCENT HAD BEEN PREVIOUSLY CONVICTED. THE INCIDENCE OF PRIOR ARRESTS AND CONVICTIONS DOES NOT VARY WIDELY ACROSS CHARGE TYPES. DEMOGRAPHIC INFORMATION COLLECTED ON DAT DEFENDANTS REVEALS DIVERGENCES IN AGE, GENDER, AND ETHNIC DISTRIBUTIONS ACROSS CHARGE TYPES AND BETWEEN BOROUGHS. REGARDING ARRAIGNMENT, IT WAS FOUND THAT 70 PERCENT OF THE DAT DEFENDANTS WHO APPEARED IN COURT WERE DISPOSED, THE NEXT LARGEST GROUP PAID FINES, AND ONLY THREE OF THE 514 DAT DEFENDANTS IN THE SAMPLE WERE IMPRISONED. NONARRAIGNMENT OUTCOMES INCLUDE MEDIATION, DECLINED PROSECUTION, AND, IN THE CASE THAT A DEFENDANT FAILS TO APPEAR IN COURT, WARRANTS. STATISTICS ARE GIVEN ON DAT RECIPIENTS AND THE OUTCOMES OF THEIR CASES. IN AN ATTEMPT TO REDUCE THE FAILURE-TO-APPEAR RATE, A COMPUTER-GENERATED FORM LETTER WAS MAILED TO 1,000 DAT'S DEFENDANTS 6 DAYS BEFORE THEIR SCHEDULED ARRAIGNMENT. THE PILOT NOTIFICATION PROGRAM WAS CONSIDERED SUCCESSFUL SINCE A 5 PERCENT INCREASE IN THE COURT APPEARANCE RATE FOR DAT DEFENDANTS WAS APPARENT. THE APPENDIXES CONTAIN EXAMPLES OF CHARGE TYPES, A DESCRIPTION AND SAMPLING OF DAT STUDIES, THE SAMPLE NOTIFICATION LETTER, AND STATISTICAL SIGNIFICANCE TESTS. (DAG)