# Topeka City Council Decriminalizes Domestic Violence **URL:** \ **Category:** The BBQ Pit\ **Created:** [October 13, 2011, 12:53am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478 "2011-10-13T00:53:49Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![cerberus](https://avatars.discourse-cdn.com/v4/letter/c/71e660/32.png) [@cerberus](https://boards.straightdope.com/u/cerberus)\ **Post date:** [October 13, 2011, 12:53am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/1 "2011-10-13T00:53:49Z")
[link](http://www.nytimes.com/2011/10/12/us/topeka-moves-to-decriminalize-domestic-violence.html?_r=1&ref=agsulzberger) Topeka city council moves to decriminalize domestic violence. The effect is to force prosecution of domestic violence as a criminal violation of Kansas state law, but still, pretty sad. Using victims of DV as proxies in a county/state pissing match is sad. ---
**Author:** ![Omg\_a\_Black\_Conservative](https://avatars.discourse-cdn.com/v4/letter/o/7ba0ec/32.png) [@Omg\_a\_Black\_Conservative](https://boards.straightdope.com/u/Omg_a_Black_Conservative)\ **Post date:** [October 13, 2011, 2:30am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/2 "2011-10-13T02:30:32Z")
You should be pitted for your misleading title. ---
**Author:** ![Swords\_to\_Plowshares](https://avatars.discourse-cdn.com/v4/letter/s/b38774/32.png) [@Swords\_to\_Plowshares](https://boards.straightdope.com/u/Swords_to_Plowshares)\ **Post date:** [October 13, 2011, 2:37am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/3 "2011-10-13T02:37:06Z")
> [@Omg\_a\_Black\_Conservative](#): > > You should be pitted for your misleading title. The city council repealed the law against domestic violence due to budget cuts. How the fuck is that misleading? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [October 13, 2011, 2:40am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/4 "2011-10-13T02:40:05Z")
> [@Swords\_to\_Plowshares](#): > > The city council repealed the law against domestic violence due to budget cuts. How the fuck is that misleading? He should have written “Obama Worshiping Left-wing Topeka City Council Decriminalizes Domestic Violence.” ---
**Author:** ![MysteryFellow63427](https://avatars.discourse-cdn.com/v4/letter/m/a88e4f/32.png) [@MysteryFellow63427](https://boards.straightdope.com/u/MysteryFellow63427)\ **Post date:** [October 13, 2011, 2:41am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/5 "2011-10-13T02:41:40Z")
I listened to an interview with the county prosecutor tonight on NPR (the guy who’s going to have to pick up the slack). Honestly, this doesn’t bother me one bit. Counties, not cities, should be doing the main work of criminal prosecution. ---
**Author:** ![Omg\_a\_Black\_Conservative](https://avatars.discourse-cdn.com/v4/letter/o/7ba0ec/32.png) [@Omg\_a\_Black\_Conservative](https://boards.straightdope.com/u/Omg_a_Black_Conservative)\ **Post date:** [October 13, 2011, 2:47am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/6 "2011-10-13T02:47:46Z")
> [@Swords\_to\_Plowshares](#): > > The city council repealed the law against domestic violence due to budget cuts. How the fuck is that misleading? Even the article noted, the move is symbolic more than anything; it has no effect on the actual crime of domestic violence, as there are no fewer penalties associated with domestic violence today than there were a week ago. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [October 13, 2011, 2:50am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/7 "2011-10-13T02:50:44Z")
> [@Omg\_a\_Black\_Conservative](#): > > Even the article noted, the move is symbolic more than anything; it has no effect on the actual crime of domestic violence, as there are no fewer penalties associated with domestic violence today than there were a week ago. Reading comprehension isn’t your strong point. ---
**Author:** ![Otara](https://avatars.discourse-cdn.com/v4/letter/o/a88e4f/32.png) [@Otara](https://boards.straightdope.com/u/Otara)\ **Post date:** [October 13, 2011, 3:21am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/8 "2011-10-13T03:21:09Z")
“Eighteen people have been arrested on domestic violence charges since September and released without charges because no agency is accepting new cases.” Flabbergasting. Talk about playing with peoples lives. Otara ---
**Author:** ![Kimstu](https://avatars.discourse-cdn.com/v4/letter/k/ecd19e/32.png) [@Kimstu](https://boards.straightdope.com/u/Kimstu)\ **Post date:** [October 13, 2011, 3:24am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/9 "2011-10-13T03:24:20Z")
> [@Omg\_a\_Black\_Conservative](#): > > Even the article noted, the move is symbolic more than anything; it has no effect on the actual crime of domestic violence, as there are no fewer penalties associated with domestic violence today than there were a week ago. Er, yes there are: people who commit misdemeanor domestic violence are safe from prosecution by the city of Topeka, because it is no longer a crime according to city statutes. That’s what “decriminalize” means. Domestic violence is still a crime against **state** law in Topeka, sure: the Topeka City Council doesn’t have the power to change that. Nobody but an idiot would imagine that they did, or that the OP was trying to suggest that they did. And in theory the domestic-violence cases that the city is now barred from prosecuting can still be prosecuted at the county level—except the DA is saying that he **won’t** prosecute misdemeanor domestic violence, 'cause he doesn’t have the budget to tackle anything less than felonies. The OP’s thread title is an exact statement of what the Topeka City Council did in fact do. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [October 13, 2011, 3:26am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/10 "2011-10-13T03:26:05Z")
> [@Omg\_a\_Black\_Conservative](#): > > Even the article noted, the move is symbolic more than anything; it has no effect on the actual crime of domestic violence, as there are no fewer penalties associated with domestic violence today than there were a week ago. You are missing the point that the District Attorney is inadequately funded to prosecute misdemeanors under local laws. I thought conservatives were supposed to be law-and-order type of people. How can you lock up liberal nogoodniks if the DA doesn’t have the resources to prosecute those breaking local laws? ---
**Author:** ![cerberus](https://avatars.discourse-cdn.com/v4/letter/c/71e660/32.png) [@cerberus](https://boards.straightdope.com/u/cerberus)\ **Post date:** [October 13, 2011, 4:09am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/11 "2011-10-13T04:09:57Z")
To me, repealing a law against a violent act on the basis of a county/city fiscal conflict is fucked up. ---
**Author:** ![Kolga](https://avatars.discourse-cdn.com/v4/letter/k/e56c9b/32.png) [@Kolga](https://boards.straightdope.com/u/Kolga)\ **Post date:** [October 13, 2011, 4:11am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/12 "2011-10-13T04:11:52Z")
> [@Ravenman](#): > > You are missing the point that the District Attorney is inadequately funded to prosecute misdemeanors under local laws. > > I thought conservatives were supposed to be law-and-order type of people. How can you lock up liberal nogoodniks if the DA doesn’t have the resources to prosecute those breaking local laws? 'cause the repealed laws overwhelmingly affect women, so it’s not a big deal or anything. (spare me the “men can be victims, too!” hysteria, because I already know that and my original point stands) ---
**Author:** ![BubbaDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bubbadog/32/333_2.png) [@BubbaDog](https://boards.straightdope.com/u/BubbaDog)\ **Post date:** [October 13, 2011, 1:17pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/13 "2011-10-13T13:17:21Z")
I think many of you are too intent on playing your political, favorite human rights cards on this one. The situation was that two overlapping entities had identical laws. Because of this and budget constraints each entity tried to set the burden of prosecution on the other. One side (the city) made a strategic move to force the other into play. The city didn’t decriminalize the crime because the crime still exists at the state level. The county ,like every other county in Kansas, can no longer assume the city will handle the burden of prosecution. It would be like Feds assuming the county is trying murder cases. It either must step forward and prosecute or admit that it cannot due its assigned duties. It looks to me that it actually helps victims of abuse in that it takes the prosecution duties out of limbo and places them squarely on the entity that should be responsible in the first place. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [October 13, 2011, 1:36pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/14 "2011-10-13T13:36:30Z")
> [@BubbaDog](#): > > I think many of you are too intent on playing your political, favorite human rights cards on this one. > > The situation was that two overlapping entities had identical laws. Because of this and budget constraints each entity tried to set the burden of prosecution on the other. One side (the city) made a strategic move to force the other into play. > > The city didn’t decriminalize the crime because the crime still exists at the state level. The county ,like every other county in Kansas, can no longer assume the city will handle the burden of prosecution. It would be like Feds assuming the county is trying murder cases. It either must step forward and prosecute or admit that it cannot due its assigned duties. > > It looks to me that it actually helps victims of abuse in that it takes the prosecution duties out of limbo and places them squarely on the entity that should be responsible in the first place. This is what I came here to post. As noted upthread, cases were already being automatically dismissed since there was no staffing to deal with them. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [October 13, 2011, 1:57pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/15 "2011-10-13T13:57:52Z")
Exactly what I was going to say. It is a question of who is going to pay for the prosecutions: the city, the county, or the state. I see this more of an issue of the perfect storm of the economic downturn and the Tea Party-like insistence that it is good budgeting practice to say “LET’S CUT GUMMIT BY 10 PERCENT” and expect the same level of services to be maintained. ETA: Magically maintained, that is. ---
**Author:** ![Merijeek](https://avatars.discourse-cdn.com/v4/letter/m/f05b48/32.png) [@Merijeek](https://boards.straightdope.com/u/Merijeek)\ **Post date:** [October 13, 2011, 2:06pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/16 "2011-10-13T14:06:41Z")
> [@cerberus](#): > > Topeka city council moves to decriminalize domestic violence. On the positive side, dinners will be cooked on time much more often. -Joe ---
**Author:** ![Abe\_Babe](https://avatars.discourse-cdn.com/v4/letter/a/3ab097/32.png) [@Abe\_Babe](https://boards.straightdope.com/u/Abe_Babe)\ **Post date:** [October 13, 2011, 2:52pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/17 "2011-10-13T14:52:34Z")
> [@Merijeek](#): > > On the positive side, dinners will be cooked on time much more often. > > -Joe You’re a bad, bad man Joe. Funny, but bad, bad. It is unfortunate that it appears that misdemeanor DV cases won’t be prosecuted by anyone now. What can you do though? You’d have to cut something else that many people would find just as important. ---
**Author:** ![saoirse](https://avatars.discourse-cdn.com/v4/letter/s/5daacb/32.png) [@saoirse](https://boards.straightdope.com/u/saoirse)\ **Post date:** [October 13, 2011, 5:51pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/18 "2011-10-13T17:51:04Z")
> [@Ravenman](#): > > Exactly what I was going to say. It is a question of who is going to pay for the prosecutions: the city, the county, or the state. > > I see this more of an issue of the perfect storm of the economic downturn and the Tea Party-like insistence that it is good budgeting practice to say “LET’S CUT GUMMIT BY 10 PERCENT” and expect the same level of services to be maintained. > > ETA: Magically maintained, that is. Meanwhile Kansas law enforcement agencies have money to pay people to [stalk women](http://www.usatoday.com/news/nation/2008-05-03-1482331543_x.htm) getting abortions. Or to try to prosecute [teenagers for having sex](http://abcnews.go.com/TheLaw/story?id=3752146&page=1) by issuing subpoenas for the identities of abortion clinic patients. It’s that old-fashioned prairie common sense, helps 'em get their priorities straight. ---
**Author:** ![Baker](https://avatars.discourse-cdn.com/v4/letter/b/bb73d2/32.png) [@Baker](https://boards.straightdope.com/u/Baker)\ **Post date:** [October 14, 2011, 1:44am UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/19 "2011-10-14T01:44:39Z")
The couny DA, Chad Taylor, has now agreed to begin prosecuting the cases again. > **[With back to wall, prosecutor relents](https://www.cjonline.com/story/news/politics/state/2011/10/13/back-wall-prosecutor-relents/16454344007/)** > > The Shawnee County District Attorney's Office will immediately resume prosecuting domestic battery cases committed in Topeka after the Topeka City Council repealed the city ordinance outlawing the cr… ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [October 15, 2011, 4:04pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/20 "2011-10-15T16:04:09Z")
> [@Ravenman](#): > > You are missing the point that the District Attorney is inadequately funded to prosecute misdemeanors under local laws. Sure, he is. I’ll bet that if I drive drunk through Topeka while smoking a joint and flip the lit roach at his wife as she’s walking down the street, I’m guessing that the D.A. will suddenly find those missing funds to prosecute these misdemeanors. [Next page](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478.md?page=2)