Showing posts with label DISTRICT ATTORNEY. Show all posts
Showing posts with label DISTRICT ATTORNEY. Show all posts

Tuesday, January 14, 2014

Profit Over Protection - The Industry Of Abuse. Spotlight "Kansas Batterer Intervention Program"

Author Note: When I began researching this topic, it was to be a broad and national review paper. However, to show the different views of what researchers thought were important in the successes of this program, I came across my own state's Batterer Intervention Program (BIP). The more I learned, the angrier I became. Although the state of Kansas really sticks out in this particular profit over protection,  BIP -- the nation it's self uses funding for all sorts of so called BS. 

The bottom line is simple. What all the organizations, all the same ole same, all the (fill in the blank) are doing, and the new - take their place fatherhood initiatives, and their by-organizations, are doing,  is NOT working. It is time to stop profiting and start protecting. Until that time, if ever it comes, domestic violence will never end. As you can tell, it is only getting worst. No longer are their just "punches" and "slaps". We simply have "dead' and more dead. Women and her children, being murdered daily.

When will we finally say, "enough is enough?" Until that time, like that program below,  profit over protection is all that victims can expect.

(hat tip to joel - for the term "Profit Over Protection")
-Claudine


 


 Are Batterer Intervention Programs Reducing Domestic Violence?


        Courts often mandate that ‘convicted’ abusive partners attend “batterer intervention programs” in addition to serving a probation term. Throughout the past twenty years, alternatives to battering programs and batter intervention programs receive funding through local, state and federal agencies. The very name of these programs implies that they reduce domestic violence.

         It is the consensus across the board with experts and scholars in the field of Intimate Partner Violence, that these programs, by varying names, since their inception more than twenty years ago, are not treatment modalities, they do not cure, and that battering is not a mental illness. However, due to the lack of prosecutions and the lack of consequences to the batterer or perpetrator, the increase in the use of ‘batterer intervention programs” have been implemented by almost every State in an attempt to further follow up with the perpetrator as part of his probation requirements in a domestic violence conviction.

        However, the National consensus and final conclusions, from the large body of objective data, research and studies, as per the National Institute of Justice, The Department of Justice, The Office of Crime Victims and other Leading organizations is that; “Batterer Intervention Programs Do Not Change Offender Behavior.” The recent National Institute of Justice report isa compilation of data and research over the past decade and as a result, the report spurred a joint committee sponsored by National Institute of Justice (NIJ) and the Family Violence Prevention Fund (FVPF) to have an “Expert’s Round Table” meeting in December 2009. The resulting meeting published in 2010 “Doing the Work and Measuring the Progress: Batterer Intervention Meeting Report,” in which includes, executive order and further recommendations.

      One of the major recurring themes in the research is that there exists a gap between “what researchers emphasize when they evaluate batterer intervention programs” and “what practitioners consider reflective of their program goals and accomplishments.”

For example:

      Oddly, or not, during this research paper, there currently does not exist an audit report in the State of Kansas on the Batterer Intervention Programs. In fact my research shows that the Kansas States “Batterer Intervention Program” – adopted  by the  Kansas Attorney General’s Office, as the ‘model’ for Domestic Violence and Batterer Intervention (KS Attorney General, Victims’ Rights)’ is one in the same as the “Kansas Family Peace Initiatives” (FPI) founded entirely by one person with his private business attached to it. The FPI claims an astonishing “81% success rate” in their Batterer Intervention Program and they simply state: “our success rate has been verified by private sources retained by FPI.”

     Therefore, we are to take the ‘word’ of the Family Peace Initiative’s own agenda, and platform. An individual, not a group, but a business, in that “they” claim is so successful, although no objective data or empirical research can be found to verify this, even though it would be the only Batterer Intervention Program in the Nation, to claim an “81 percent success rate,” when the rest of the Nation shows none. This gives rise to a whole other set of ethical issues and questions.  In that, from the Family Peace Initiative website, (www.FamilyPeaceInitiative.com) “they” now offer --“paid for” expert testimony, “paid for“ expert training, to which the “husband and wife”  team are currently booking ‘training's’ throughout  Kansas and Texas at $300.00 per person with a thirty person cap per class.  This, is in addition to the money earned not only from Federal and State grants, funding for the program its self,but also from the public and the clients/perpetrators who are court ordered to attend.

       However, since the Judiciary and Criminal Justice system have failed and continues to fail victims of domestic violence, the Batterers Intervention Program is all that ‘victims’ receive in the way of any type of validation and nothing remotely close to justice. It is also another way to keep ‘eyes on’ the batterer, in alleged protections of the victim, for those very failures. Imagine what should be a prosecution and incarceration of a severe person crime, that now has moved to “treating the batterers” and not the victim.

     In conclusion, with the overwhelming research readily available nationally, it is more than clear that Batterer Intervention Programs have had ‘minimal at best’ to ‘absolutely no effect’ at all, on reducing violence against women. It is clear from reviewing other perpetrator/victim crimes that prosecution alone is the single strongest deterrent in reducing violence against women. So this begs the question, “Why are we funding yet another wasted program where we “think” we should “treat” a perpetrator versus “prosecute”? And, further harms incurred by sending out a false sense of security from the Judges, to the public, and the victims - by what is essentially, further silencing victims of domestic violence by “treating” the criminal as if it were a disease.

   Batter Intervention Programs do not decrease domestic violence. Yet there continues to be an increase in the use of ‘batterer intervention programs”. I believe this program needs to be tabled and other sources sought out and implemented to decrease domestic violence.



Further reading:

Works Cited
Babcock, J.C., C.E. Green, and C. Robie.“Does Batterers' Treatment Work? A Meta-Analytic   Review of Domestic Violence Treatment.”Clinical Psychology Review 23 (2004): 1023-1053.
Edleson, Jeffery, L,.“GROUPWORK WITH MEN WHO BATTER: WHAT THE RESEARCH LITERATURE INDICATES”, National Resource Center on Violence Against Women, February 2012.
Feder, L., and D.B. Wilson. “A Meta-Analytic Review of Court-Mandated Batterer Intervention Programs: Can Courts Affect Abusers' Behavior?” Journal of Experimental Criminology 1 (2005): 239–262.
Gondolf, Edward, W,. “IMPLEMENTING MENTAL HEALTH TREATMENT FOR BATTERER PROGRAM PARTICIPANTS: IINTERAGENCY BREAKDOWNS AND UNDERLYING ISSUES”, Violence Against Women (volume 15 [6], pages 638-655), Sage Pub June 2009.
Gondolf, Edward, W,. “THE FUTURE OF BATTERER PROGRAMS ~ REASSESSING EVIDENCE-BASED PRACTICE” National Coalition Domestic Violence Sexual Assault, April 2012
Hench, David,. “IS ANGER MANAGEMENT A REMEDY FOR BATTERERS? A FEDERAL BAN ON USING DOMESTIC VIOLENCE GRANTS TO FUND THE PROGRAMS RAISES SOME QUESTIONS”   Portland Press Herald, October 10, 2004. Web.
J, S., L. Feder, D.R. Forde, R.C. Davis, C.D. Maxwell, and B.G. Taylor. “Batterer Research Report”, U.S. Department of Justice, National Institute of Justice, June 2003, NCJ 195079.
Johnson, Carolyn, Y., “MOST MEN RE-OFFEND, SAYS STUDY OF BATTERING – LONGEST LOOK TO DATE PAINTS A DARKER PICTURE” The New York Times, Web. November 9, 2006
National Institute of Justice. “Batterer Intervention Programs Often Do Not Change Offender Behavior” Interventions: Batterer Programs, Web. Research Report 2009
Pamela C. Alexander,. “Stages of Change and the Group Treatment of Batterers” Final Report to National Institute of Justice, March 31, 2007
Perotta, Tom, MANY IN DOMESTIC VIOLENCE COMMUNITY QUESTION BATTERER INTERVENTION PROGRAMS, New York Law Journal Online, February 23, 2006.
Travis, Alan, “OFFENDERS’ ANGER CONTROL CLASSES HELP MAKE SOME MORE DANGEROUS; COURSES AXED AS RESULT OF MONCKTON MURDER INQUIRY ~ KILLER'S TRAINING HELPED HIM WIN RELEASE”, The Guardian, Web. Manchester, UK: April 24, 2006.

Zorza, Joan. “VIOLENCE AGAINST WOMEN – VICTIMS AND ABUSERS – LEGAL ISSUES – INTERVENTIONS AND TREATMENT”, Civic Research Institute, Inc., 2006

Monday, October 17, 2011

Topeka's "Week Without Violence" Begins Today in the Only City in the Nation that 'Decriminalized Domestic Violence."

I am saddened.  The City Council continues to twist and mince words. The bottom line and  in simple English is - YES, THEY DECRIMINALIZED DOMESTIC VIOLENCE within the city of Topeka.


There is no mis- communication Karin Hiller voted to repeal the city ordinance banning domestic battery from city limits. The DA still does not have the funding to do more than review and or plea out DV cases. The County Comissoner has only agreed to look into the finaces of DA- DA will be laying off Staff effective Dec 23 to the tune of 350k-- same amount the Commission reduced his budget. In other words Domestic Violence cases -  being the lowest catagory of crimes even lower than simple assault will NOT get the attention they deserve. 


See some of the other posts on this site. They want to be called hero's? They are cowards. They think that they know what is best for domestic violence victims? They are wrong.

The YWCA begins its week with out violence in the First City in the Nation to decriminalize Domestic Violence. See event here: and please be sure to attend the March on Friday where all the State, City and County Gov. officials will be leading the March.
KEEP WRITING the city council  (express your outrage over their thoughtless and heartless repeal of Dv) and Write the city commissioners  we need the DA's office funded!  We need help!!

The Attorney General Derek Schmidt knows that  Domestic Violence Victims will suffer (MORE than they have already) from budget cuts and reduced staff in DA office.

As for all those on the City Council who voted to repeal ban-- You have not helped us- You have hurt us -even more.

Happy "Week with out Violence" in honor of "National Domestic Violence Awareness Month".

Topeka has become an 'abuser' to battered women as well as an already broken system and sympathy for abusers. Be ashamed, be very ashamed.

Thursday, October 13, 2011

Topeka's Mayor, City Manager and City Council - The devastating impacts domestic violence has on children


So, You think you have the right to be safe? You think that the City Council really Cares? Think again.

Really-- How bad is it? Very.
[WARNING VIEWER DISCRETION ADVISED]
From Fox News:"I believe the decision by Topeka's mayor and city council would have been different if they knew the devastating impacts domestic violence has on children," Martin said. "Studies show that without help up to three-quarters of these children will grow up to repeat the cycle of abuse."



See the following full length Documentaries:
[This is What Domestic Violence Victims Women and their Children have to look forward to when the Seek Justice]


So what happened?---  "WE The People" told the Topeka City council -- "Do Not Decriminalize Domestic Battery.!!" Against EVERYONE's requests (but their own self serving posturing) They LEGALIZE Domestic Violence.


Hows that "Domestic Violence Awareness Month" -  thingy working out for you?"
--  Are you aware? 
--  Aware that you really do not have any safe avenue, no Justice, no recourse. 
--  You can count only on your self. 


PLEASE do The Evidentiary Abuse Affidavit for Those in Violent Relationships
 and see: TIME’S UP: A GUIDE ON HOW TO LEAVE AN ABUSIVE AND STALKING RELATIONSHIP 
So if you are killed,  then you become a 'high' case (worth prosecuting). This way, at least your killer will not walk away, doing as he said he would -- "I will kill you,  and I will get away it".   (as so many do)
As you can see, Domestic Violence -- its more than just a misdemeanor, Its a Humans Rights Issue.  See Evan Starks: Coercive Control 
Why abused women develop a profile of problems seen among no other group of assault victims, prisoner camps, the legal system failed to win them Justice, not a crime, but deprivation of Human Rights.
I can speak first hand about this,  I am the lead plaintiff at the Inter American Commission Human Rights  (Dombrowski et el v US) this is how Kansas and the rest of the Nation  takes cares of Domestic Violence Victims.  Look at how they treat those victims who do decide to leave. 


Nothing has changed, it has only gotten worst. The Court Room is the 2nd most dangerous place for  a Domestic Violence Victim/Survivor.

Zeus radio: Where Susan Murphy-Milano, Claudine Dombrowski on Intimate Partner Violence and Barry Goldstein  On "Protecting Battered Women in the Courtrooms. "Out of the frying pan and into the fire"
And also see: 
The Battered Mothers Custody Conference and the new legal research into What Batterers do when Victims decide to leave-- for more information
Simply put, Topeka Kansas, on a good day does NOT acknowledge Domestic Violence  as a crime.  No matter how the City 'says' "we just want to help Victims" the truth is- they simply do not give a crap! Not about Victims Not about the community and with their narrow mined tunnel vision 'hate' towards the DA, their egos have and continue to wreck havoc on women and children in Topeka, in Kansas and Nationally.


All this hype and false sense of security--- Women, Mothers, Daughters, Sisters-- Men who care about the women in their lives Heed this warning. Do not trust in the system to help you. Certainly do not trust those who voted to legalize Domestic Violence in Topeka, KS.


Your case WILL NOT-- get prosecuted, unless you are near dead. That's just the way the system works, and as we all know, any victim of any crime, well --- JUSTICE is never for victims. Assault is a higher charge but alas its intimate partner violence-- so that automatically bumps your "plea' for help your cries for justice into  the 'x' file pile-- trash, dismissed non priority of the crimes.


 You can thank The City Council, City Mayor, City Manager Here for saying and for treating 1 in 4 women "That you do NOT matter." Those who Opposed and those who 'Decrimilized Domestic Violence" here:


Then take a look at the feed to the right-- this is not going away- this is not getting better and its time for a National wake up call--- ENOUGH is ENOUGH. Time's Up!!



DOMESTIC VIOLENCE, ABUSE, AND CHILD CUSTODY Legal Strategies and Policy Issues 

Wednesday, October 12, 2011

It's no longer illegal to abuse a spouse if you're in Topeka, KS

Oct. 12: It's no longer illegal to abuse a spouse if you're in Topeka, Kan., at least under city law. The city council voted Tuesday night to repeal the city’s misdemeanor domestic battery law. NBC’s Stephanie Gosk has more.


Tuesday, October 4, 2011

Topeka KS - Two Domestic Violence Survivors Speak Out Failure to Prosecute and City's plan to 'Decriminalize' Domestic Violence

Council discusses domestic battery prosecution


Two domestic violence survivors addressed the Topeka City Council on Tuesday evening after it heard the first reading of a proposal targeted at forcing Shawnee County District Attorney Chad Taylor to resume prosecuting domestic batteries committed in Topeka. “I just ask that somehow there has to be a resolution,” Joe Cheray told the council. 




###






October 4th, 2011
City Hall, Public Hearing
Re: Repealing Ban on Domestic Battery
Submitted by Claudine Dombrowski


Council members,

I stand before you to speak about the issue known as REPEALING THE BAN on DOMESTIC BATTERY within the City Limits that the vast majority of Topekans, and now AMERICANS, recognize as a measure to ‘DECRIMINALIZE DOMESTIC BATTERY’ within the city limits of TOPEKA.

EVERYONE understands that budgetary shortfalls are a catalyst behind this recent decision. While neighboring communities in Kansas and around the country, face similar economic challenges, many of these communities are for example, limiting services, like reducing government office hours, foregoing park maintenance, or taking longer to patch potholes.

Yet in Topeka, it has been decided that we can solve a budget problem, by foregoing the protection of those most vulnerable. Don't we all know that any type of criminal activity will undoubtedly increase when the consequence is removed? Am I the only one who understands this logic? Has anyone with responsibility considered all of the costs?

MOST of us also understand that the other catalyst is yet another bungled, politicized process. The LEGALIZATION of DOMESTIC BATTERY is not a natural disaster, it's a manmade disaster, one within our control to manage and solve properly. Although will someone please explain to how an elected / appointed group of individuals arrived at a decision to DECRIMINALIZE Domestic Violence. And, how did they possibly not understand how opposition to their collective actions would not gain an explosive level of traction.

This political gamesmanship will no doubt directly contribute to the physical and emotional harm of those left even less protected, and further exposed to DV.


My mother always said “two wrongs do not make a right” by repealing the ban on DV within the city is 2nd wrong, to the 1st wrong of the DA’s failure to prosecute, and thereby protect.

In OCTOBER 2011, and for the 24th consecutive year, DOMESTIC VIOLENCE AWARENESS Month is being recognized around the USA; its main purpose is to MOURN those who have died due to domestic violence, CELEBRATE those who have survived, and CONNECT those who continue to work in the endeavor, to inform and promote National and Community Awareness and Action to end Violence against women.


Council members, when you ‘repeal’ the ban on Domestic battery, for political reasons, you will be known not only to your daughters and granddaughters but to every DV victim/survivor-- as the city who did not care, locally and nationally. ... YES, the for the 24th CONSECUTIVE year we have a DOMESTIC VIOLENCE AWARENESS Month, while in Topeka it sounds and feels NOT like 2011, but MORE like 1961 . I ask that on behalf of victims and survivors everywhere, that you honor our struggle and not further degrade us.

Thank you for your time.

Claudine Dombrowski

###
Related:
More here:
Chad Taylor, Domestic Battery, Topeka City Interim City Manager Dan Stanley
and here:

Friday, September 16, 2011

Domestic Violence is Currently LEGAL in Topeka, Kansas

Please comment on the original article here,

 Topeka domestic abuse survivor trembling over DA's decision to pass down misdemeanors

We need outrage to stop this political game playing at the expense of women.

Right now in Topeka Kansas—Domestic violence is LEGAL.

Since last week’s decision of the County DA to stop prosecuting Domestic Violence in the city limits, there have been 35 Domestic Violence arrests that have walked with no charges. The City manager Dan Stanley is considering a repeal in the City Ordinances that Domestic Violence is not a crime within the city, so that the City Judges and Prosecutors do not have to charge, prosecute and try any Domestic Violence. The District Attorney’s Office is refusing to accept ant City Domestic Violence Crimes.

Why it would be worse for victims.

It is very dangerous for victims of DV to report the crime as the consequences from the ‘perp’ are even worse than the actual ‘incident’ being charged. BATTERER RETALIATION. So when a DV case is pursued, it’s got to be with heavy consequences to the perp, as she (the victim) is in even more danger than she was when the charge was filed.

How a victim is treated usually has little to do with the actual system, but has everything to do with the people who work in the system.
The issue is making sure the judges understand what they should be looking at for evidence in domestic violence cases. How the judge or victims’ rights advocates, police offices or city prosecutors or district attorneys or assistant district attorneys and their staff are educated, and implement those tools to aid victims and insure justice is much more important than which court should have jurisdiction.

Domestic Violence is defined as a “pattern of control’’

1. Domestic Violence tag law Effective July 1, 2011
2. DA has a DV task team that do all the DV cases.
3. It is extremely rare that a dv charge is ever held at dv usual they are reduced to ‘damage to personal property and disorderly conduct.’ Then it is still a misdemeanor, only after three such convictions does the 4th time warrant even felony status.
Perhaps with the DV tag law, which will document all the ‘disorderly conducts, damage to personal property with a tag at the bottom showing was in relation to domestic violence—will show that pattern and perhaps then they can change the ‘misdemeanor dv conviction to felony sooner than with the NON attainable 3 DV misdemeanor convictions to the 4th as a felony.

The County DA’s office needs to maintain the Domestic Violence cases—or person injury crimes. They need the money to maintain at minim mum what they have and been doing in the area DV. In fact they need more than even that . Its is the DA’s office—the people that bring the crimes to paper, to the system, of Charges, and begin the long process of getting it through the system and getting ‘justice’ and consequences for the crime.

The DA works closely with the Secretary of State’s e.g. address confidentiality program for victims of domestic violence, the Attorney general’s office who also has a DV task team, and the Governor’s Office that gives grant funding, specific to ensure and to continue the legal prosecution of offenders, the KCSDV that provides up to date education, and best practices of understanding, prosecuting, supporting the victims of Domestic Violence and Coercive Control. The DA’s office has made huge advancements in the past 30 years with this heinous crime.

To toss it to the city will be to throw all that to the wind, the dark ages of Domestic Violence if you will—is even darker now.

I have no problem with other misdemeanors-NON person Injury offences such as hot checks, small claims courts, Code enforcement and violations.
The Commissioners want to cut the budget, money, there are many County expenditures that are wasted. There are Court programs that can be cut without threat to public safety, Like parenting classes, Drug Classes, several of the so called CSO that do noting but ‘busy work’ that cannot be done by the City/municipal court. But of all the county cuts—the last one would be to cut the DA’s office—the only avenue to even begin to seek justice. For any crime, violent crimes, even violent crimes labeled as ‘just dv”.

Where city ordinance- codes are the main cases – to high grass, code compliance, housing buildings, traffic, parking meters.

However, of the two Judges (and only Judges at Municipal/city Court)

Lloyd C Swartz - A history to include usual district court ‘Case manager’ who blocks access to justice has a history of harming battered mothers. (I myself included)

Vic Miller – 28 findings of Fact- Court Admonishments for Violations of the Attorney Code of ethics. 1. Incompetence, injury, Mental.
At one point they were going to ‘disbar’ him, until he hired lawyer john ambrosia as defense. This hardly ever happens, I have seen attorneys make death threats, physically attack patrons in the court house, accepting bribes and shown evident biased and lack of neutrality—those actions have failed to be admonished by the Disciplinary board let alone make it to actual supreme court public admonishment.

Even Stanley the acting City manager- KNOWS how dangerous this is.