# Topeka City Council Decriminalizes Domestic Violence

**URL:** <https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478>\
**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:** 5\
**Page:** 2

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**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 15, 2011, 4:24pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/21 "2011-10-15T16:24:12Z")

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> [@jtgain](#):
>
> 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.

Again, it would seem this is an issue of which level of government pays for certain prosecutions. It would seem that either the county or the state would bear the cost of prosecuting misdemeanors that violate state laws. So yes, I bet you would be prosecuted, under state laws, using either county or state funds.

Sorry you haven’t paid attention to the thread so far.

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**Author:** ![Farmer\_Jane](https://avatars.discourse-cdn.com/v4/letter/f/bbe5ce/32.png) [@Farmer\_Jane](https://boards.straightdope.com/u/Farmer_Jane)\
**Post date:** [October 15, 2011, 4:42pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/22 "2011-10-15T16:42:51Z")

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In the OP’s defense, the article does say ‘decriminalize domestic violence’.

Most notable:

> [@](#):
>
> **Eighteen people have been arrested on domestic violence charges since September and released without charges because** no agency is accepting new cases. That has raised concerns among advocates for victims of domestic violence, some of whom gathered Tuesday outside government buildings to express outrage over the gamesmanship.

Worthy of a pitting.

(snip)

> [@](#):
>
> Under the current arrangement, the district attorney is still responsible for prosecuting misdemeanors in the rest of the county as well as all felony domestic violence cases. **Almost half of the misdemeanors that were prosecuted last year — 423 cases — are domestic battery cases,** and most of the rest are shoplifting, drugs and assault.

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**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\
**Post date:** [October 15, 2011, 7:15pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/23 "2011-10-15T19:15:20Z")

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In the [other thread](http://boards.straightdope.com/sdmb/showthread.php?t=627584) on this subject (which seems to have sunk without a trace) I asked the following question:

> [@BrotherCadfael](#):
>
> Why,if it was already a state offense, did the city enact a redundant ordinance in the first place? It seemed to serve no purpose other than to cost the city money that would otherwise have been spent by the county. The crime is just as illegal either way.

I’m still wondering.

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**Author:** ![Oldeb](https://avatars.discourse-cdn.com/v4/letter/o/ea666f/32.png) [@Oldeb](https://boards.straightdope.com/u/Oldeb)\
**Post date:** [October 15, 2011, 9:02pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/24 "2011-10-15T21:02:54Z")

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> [@BrotherCadfael](#):
>
> In the [other thread](http://boards.straightdope.com/sdmb/showthread.php?t=627584) on this subject (which seems to have sunk without a trace) I asked the following question:

Are you sure the State law came first? It’d make sense if Topeka passed a law against domestic violence (or a stricter version of the then existing State law) first instead. The rest of the Kansas doesn’t have such a local law, but the State decides to create one/modify an existing law based on Topeka’s version. Topeka would then end up with the same law twice but not because of anything they did.

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**Author:** ![Baker](https://avatars.discourse-cdn.com/v4/letter/b/bb73d2/32.png) [@Baker](https://boards.straightdope.com/u/Baker)\
**Post date:** [October 15, 2011, 11:38pm UTC](https://boards.straightdope.com/t/topeka-city-council-decriminalizes-domestic-violence/599478/25 "2011-10-15T23:38:42Z")

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Listen, this IS Topeka, Kansas we are talking about. I live here, and believe me, this farting around by the different law enforcement agencies is not surprising.

And our City Council is worse. I almost never vote for the incumbent councilperson in my district, it seems as soon as they get on board they become chairwarmers.

We’re talking about the home of the Westboro Baptist Church, and Fred Phelps. The city is unable to craft laws that are effective in protecting the rights of grieving families, do you expect it to protect anyone else?

Sorry, got on a rant here. I love my town, it’s where I’ve grown up, and where a lot of family is. But it’s frustrating that city and state government seem to be so useless.

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