“Faced with their worst budget crises since the Great Depression, states and cities have resorted to increasingly desperate measures to cut costs. . . .But perhaps the most shocking idea to save money is being debated right now by the City Council of Topeka, Kansas. The city could repeal an ordinance banning domestic violence because some say the cost of prosecuting those cases is just too high:”
From Think Progress
Essentially, the issue here is that Shawnee District Attorney Chad Taylor, facing a 10 percent budget cut for next year, announced Sept. 8 that his office would no longer prosecute misdemeanor cases, including those involving domestic violence. This had the effect of placing the burden of adjudicating these very dangerous cases, dangerous because the incidents almost always involve physical injury, on the city. The Topeka city council, in turn, is considering repealing the city ordinance against domestic violence because that move would eliminate any legal responsibility the city might have in these cases. Thus, in a particularly sad game of hot potato, the onus for the final say would be returned to District Attorney Taylor. So far, Taylor has, since he first made his announcement, refused 30 cases and has dropped charges on 18 previously arrested and jailed individuals.
It seems to me that there are two things to be considered here. First, domestic violence, even misdemeanor domestic violence is still a crime of violence. It has one of the highest recidivism rates of any crime. Its victims often require medical care and protective housing and these frequently are provided at a cost to local government. Ignoring these cases is not a money saving plan. It’s not a plan at all. It costs more money in the long run and that cost is paid for with the physical pain and emotional turmoil of the victim. Furthermore, a study done by the University of Cincinnati showed that filing of charges and court adjudication against suspects played a significant role delaying re-arrest, even if the cases ultimately result in subsequently dropped charges or trial acquittals. Court ordered treatment programs further delayed new violations.
Secondly, District Attorney Taylor’s edict covers all misdemeanors. Presumably, drunk drivers who don’t injure or kill will walk free as will most petty thieves and some sex offenders. Assaults with no or minor bodily injury will be ignored and burglars charged a misdemeanors because prior intent couldn't be proved will have a field day. By not being prosecuted misdemeanants they will also not be subject to peripheral penalties such as loss of driving privileges, the ability to qualify for certain professional licenses, and prohibition against possessing a firearm and loitering around schoolyards.
In the final analysis, the concern should not so much that neither Shawnee County nor Topeka have the funds to prosecute these cases. Rather, it should be whether we have actually become a country that can no longer to provided basic protection to it’s citizens. Is the battle in Kansas just another sign that America is becoming a third world nation? Are we so committed to austerity that we are willing to abandon a sizable number of our citizens to whatever fate befalls them?