Examining the Predictors of Legally Insufficient Summonses

• In Event: Enforcement of Lower-Level Offenses in New York City: Findings from the Misdemeanor Justice Project

Abstract

The issuance of summonses in New York City is an important but understudied enforcement activity. From 2003 to 2013, there were over six million individual criminal summonses issued, with 18 percent being found legally insufficient. In New York City, legal insufficiency indicates that a judge has determined that there is not enough information on the summons to support the allegation (e.g. the summons does not indicate how the officer knew it was alcohol for an open container summons). In four of the five New York City counties, the assessment of legal sufficiency is conducted prior to the appearance date. If a summons is found legally insufficient, the individual receives a letter indicating that a court appearance is not required. Using a multi-level modeling approach, we will examine precinct-level and individual-level characteristics (e.g., demographic and offense-related factors) associated with the likelihood of a legally insufficient summons. The results seek to clarify whether legally insufficient summonses are associated with precinct-level indicators.

Authors

• Evan Misshula, The Graduate Center, John Jay College / CUNY

• Jacqueline Scott, The Graduate Center, John Jay College / CUNY

• Meredith L. Patten, John Jay College of Criminal Justice, Research Network on Misdemeanor Justice