PENNY WISE BUT POUND FOOLISH IN THE HEARTLAND: A CASE STUDY OF DECRIMINALIZING DOMESTIC VIOLENCE IN TOPEKA, KANSAS

Abstract

Eighteen people were arrested in September 2011 on misdemeanor domestic violence charges, but all were released without charges being filed; neither the city nor the county were accepting new misdemeanor domestic violence cases. However, given the city council’s vote to decriminalize domestic violence cases, the ball is back in the District Attorney’s court, as domestic violence remains a crime under state law. This battle over the budget, however, highlights a potentially dangerous trend in the legal system: prosecutorial prioritization. While prosecutorial prioritization is nothing new, especially in times of budgetary constraints and/or increases in overall caseload, the discussion of these priorities in public creates the danger of current and potential offenders believing they can commit crimes of domestic violence without fear of consequence. This case study addresses the implications of decriminalizing domestic violence. Part II describes the history of domestic violence legal treatment from a global perspective, compiling evidence from Russia, China, European Union, finally the United States. Parts III and IV gives an overview of current civil and criminal remedies available to domestic violence victims under first United States federal, then state laws. Finally, Part V examines the effects of domestic violence in America from two perspectives: economic and social.  This Part  describes the impact of domestic violence on individuals and the workplace and  the long term implications of domestic violence on victims, victims’ families and society.