TDCAA Community
Strangulation/Suffocation prosecutions troubling

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3031083802

August 01, 2010, 08:17
JB
Strangulation/Suffocation prosecutions troubling
Advocates for victims of family violence are troubled that some district attorneys across the state are prosecuting relatively few cases of strangulation and suffocation of intimate partners, despite a new law designed to automatically put the attackers in prison.

Details.

[Really? This law was designed to "automatically put the attackers in prison"? Now, that would be an amazing law, leaping over tall constitutional buildings and avoiding little things like investigations, juries and the burden of proof.]
August 02, 2010, 07:58
John A. Stride
The new "law" must have slipped by us. However, with the media's support, maybe we can get a few more fast-track prison laws.
August 02, 2010, 08:12
JB
I blame Shannon. Isn't he supposed to include this kind of stuff in the Leg Summary?
August 02, 2010, 09:46
David H
Yeah, look how well "Automatic License Revocation" worked out for us.
August 02, 2010, 09:51
John A. Stride
Oh, we are not talking administrative procedures here, we are talking about shut 'em in an' throw away the keys--without any due process. This is powerful new medicine.
August 02, 2010, 09:54
Lee Westmoreland
You know, the ones with the guy with the mustache and the top hat . . . says "Go directly to prison (er, jail), do not pass go, do not collect $200"
August 02, 2010, 11:22
rob kepple
I hope someone has a polite conversation with those in the article critical of prosecutors. It was a little more than irritating to see such criticism when the law ain't a year old yet. heck, most cops still don't even have the new books. And that law -- which stripped to its bones simply makes something that was already against the law MORE against the law, has some real legal/evidentiary challenges. From my view prosecutors have done well with it so far, and TDCAA will be bringing training on it this year now that folks are developing the use of the law in court.

I would have hoped that our partners in the domestic violance arena would have a little more confidence in prosecutors' abilities...
August 02, 2010, 13:49
RCC
"I would have hoped that our partners in the domestic violance arena would have a little more confidence in prosecutors' abilities..."

I'll take "Pipe Dream" for $500, Alex.
August 02, 2010, 14:13
Shannon Edmonds
quote:
Originally posted by JB:
I blame Shannon. Isn't he supposed to include this kind of stuff in the Leg Summary?

Actually, it IS all my fault.

Anyone who came to our legislative updates last summer should recall that we discussed in some detail the potential problems of prosecuting this new crime. I guess I should apologize for pointing out the obvious.

Conversely, I've heard through the grapevine that FV prosecutors are having great success with the new Continuous FV offense created as PC 25.11, a change which received much less attention than the strangulation law. I wonder how much of that inattention is due to the fact that 25.11 was the brainchild of a single legislator (and former district court judge, Rep. Tryon Lewis of Odessa), rather than an advocacy group?
August 02, 2010, 14:35
JB
Continuous FV was legislative thievery, straight up. It violated the copyright obtained for passage of Jessica's Law and Continuous Sexual Abuse. Royalties are owed!
August 02, 2010, 15:07
Shannon Edmonds
Imitation is the sincerest form of legislative flattery.
August 02, 2010, 17:08
JB
Spoken like one from the slacker generation.
August 03, 2010, 13:15
Brody V. Burks
You know John, prior to entering prosecution I did some work for the RIAA. I could recommend a good intellectual property lawyer...