Nazi Kansas – Parent Coordinators http://kansasjudicialsystem-casemanagers.blogspot.com/2013/03/nazi-kansas-parent-coordinators.html
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Or suppose the judge just released your abuser from custody saying “Awww, forget it, case dismissed” because s/he knew that the Prosecution wasn’t going to/couldn’t afford to prosecute it?
If that sounds like an improbable breakdown in our criminal justice system, check out what’s just gone down in Topeka, Kansas: http://www.kansasfirstnews.com/news/local/story/Topeka-domestic-abuse-survivor-trembling-over-DAs/sgAbRRlYaE2M6ljJGYtzFA.cspx
Until recent years Civics, Democracy and Criminal Justice were only topics from a class that I was supposed to be paying attention to when I was in high school. Unable to see how any of it was going to really matter or have anything to do with my life, I opted to half-listen, paying just enough attention to catch the main concepts but spent more time passing notes, daydreaming and doodling the time away until the bell would release me from my imprisonment.
I got that a misdemeanor wasn’t as bad as a felony and figured if I just steered clear of both, I should have no problem. For those of you who were as interested as I was in high school about the criminal justice system, I offer you the following crash course before laying out what the newest alert is (so you can be as concerned about it as I am!)
While a misdemeanor is better known as “a lesser crime” in comparison to a felony the distinction goes just a tad bit further in that a misdemeanor is actually defined as a crime that could land a person in jail for less then a year as opposed to a felony that’s actually defined as a crime that could land a person in jail for more then a year.
Murder is unanimously held as a felony across the United States, but otherwise the definition of crimes occurs at the state level. So, for example, while it may seem that strangulation would be considered a felony (a more serious crime) it didn’t become a Class C felony (a sentence that can carry up to 5 years in jail) in Hawaii until relatively recently (2006). Prior to 2006, can you imagine being strangled then being told it’s “just” a misdemeanor?
Even more disillusioning is landing/finding oneself in the criminal justice system (that has very little resemblance to what you see on “Law & Order”). Actually, my brother-in-law (a corrections officer) and I recently ruined a criminal justice-related movie for my sister when we each piped up instinctually with “They can’t do that” or “That’d NEVER happen” comments throughout the movie and totally ruined it for my sister who was just trying to enjoy it for the plot and storyline. (Sorry!)
In real-life, what’s supposed to happen when a crime occurs is someone notifies the police about “the offense” (proper terminology) and then the police will do an investigation (talk to the victim and/or alleged perpetrator if possible, gather evidence, interview witnesses, etc.) the findings of which will all this go into a report. For simplicity’s sake, let’s say this is a misdemeanor where the alleged perpetrator is not arrested for whatever s/he’s been accused of. The completed report then gets forwarded to the Prosecutor’s Office for review where the Prosecutor (called a District Attorney in other jurisdictions) will decide whether the offense contains enough merit to be prosecuted or not.
Here’s a critical piece of information that many don’t realize: if the Prosecutor accepts the case and moves forward on it, the case “belongs” to the state NOT the victim whose been wronged; the victim becomes a witness for the state/prosecution.
Why is this important? Because in many domestic violence cases where the abuser is ignorant to all this, the abuser thinks that the victim can “call off” the Prosecution or that the victim has the ability to simply “drop” the case – neither of which are true – but from his perspective what’s true is irrelevant; what she does (or doesn’t do) is. Can you see how this could shape up to be a pretty dangerous situation if an offense has occurred, the abuser HASN’T been arrested and then the Prosecutor decides to take the case?
Next step: court. This is where the abuser enters a plea of either guilt, no contest (not admitting guilt but not proclaiming innocence either) or not guilty to what s/he’s being accused of. If the abuser says “Not guilty” the next step is a trial where witnesses and evidence can be presented by the Prosecution and Defense BUT before the plea is formally entered a couple of “strange things” can happen…
The Defense OR Prosecution can propose a plea bargain where the abuser is afforded the opportunity to “plea down” to a lesser offense, ie: a domestic violence offense being reduced to harassment. Plea bargains can be offered for a number of reasons, but the long-term consequences of a plea down from domestic violence doesn’t work well in addressing or rectifying the problem of DV. If an abuser pleas down to harassment (for example) then there’s “no domestic violence” = no DV intervention services, the abuser will not reflect a DV history stemming from the offense and the record will not count the case as a DV one which can mislead the public in terms of misrepresenting the size of the problem (DV in the community isn’t as big of a problem as harassment is).
Similar to dropping the case, the victim has no say or influence over plea bargaining (so if you’ve had the courage to take your case “all the way” and have cooperated with the Prosecution, can you imagine how it’d feel to be told by the Prosecution that your case has been “settled” because THE ABUSER’S agreeing to call what he did to you “harassment” rather than DV? That instead of going to jail, the abuser has agreed to community service hours instead? But it could be worse…
How do you think it would feel as a victim if your DV case ended before it even started? That after mustering up the courage to report to police who dutifully submitted their report to the Prosecutors, that it was turned away NOT for lack of evidence or witnesses but due to lack of funding? (And how do you think your abuser’s going to feel knowing that you turned him in, tried to have him put away but failed so now he’s free to “talk” to you about it?)
Or suppose the judge just released your abuser from custody saying “Awww, forget it, case dismissed” because s/he knew that the Prosecution wasn’t going to/couldn’t afford to prosecute it? If that sounds like an improbable breakdown in our criminal justice system, check out what’s just gone down in Topeka, Kansas: http://www.kansasfirstnews.com/news/local/story/Topeka-domestic-abuse-survivor-trembling-over-DAs/sgAbRRlYaE2M6ljJGYtzFA.cspx
Our criminal justice system was not founded upon dollars and cents and last I knew justice isn’t supposed to be decided after a cost-benefit analysis, but Kansas has just set a terrifying precedent by telling domestic violence victims that their lives – and the crimes committed against them – aren’t worth their state’s time, money or effort. This is a sad day for domestic violence victims in Kansas and a day that I hope will never dawn here in Hawaii.
For a more formal/thorough explanation of the misdemeanor/felony processes in Hawaii, go to http://www1.honolulu.gov/prosecuting/flowchart.htm
She fled from what she described as an abusive household several years ago. I guarantee you that she did NOT ‘leave her daughter behind’ FATHER WAS GIVEN CUSTODY– The Fathers Rights Movement to KILL, Maim, Torture and to PUNISH MOTHER FOR LEAVING– I will take you children– the FATHERS RIGHTS en re Court — make that threat a reality.
Shirley Deal fled from what she described as an abusive household several years ago. The child she left behind perished in the same household.
Four people were arrested Thursday in the July 12 death of Ame Deal. Phoenix police say the girl had been placed inside a padlocked, plastic footlocker for punishment after months of other abuse by adults she was living with.
Shirley Deal, 38, now lives in Iola, Kan. She said she didn’t learn about Ame’s death until Friday when a friend notified her and directed her to The Arizona Republic’s web page.
“I read the newspaper, and it made me so upset,” she told the Republic. “For what they did to my daughter, they need to be treated the same way.”
Deal said she knows three of the four suspects who lived in a rental house with her ex-husband David Deal, who hasn’t been charged in the case.
Court records list David Deal on Ame’s birth certificate as her biological father, but Shirley Deal said she’s unsure if he actually is.
She said she and David Deal married in 1996. They lived in Pennsylvania, Wisconsin and Texas, where they shared a home with David Deal’s mother and sister.
Shirley Deal claimed she was abused by her relatives and fled alone to Kansas, where she now lives with another man.
She said David Deal and his family lived for a short time in Utah before relocating to Phoenix about a year ago.
Ame Deal was found dead in the plastic container in the living room of the rental house, authorities said. Police said family members told them Ame Deal and other children in her extended family had been playing hide and seek, and they believed Ame must have climbed into the box to hide and accidentally suffocated.
However, detectives said they’re now treating the death as a homicide after determining the child had been placed in the box as punishment for taking a frozen treat from a refrigerator.
Investigators said the girl apparently had been put in the box at least five times in recent months for misbehaving. She also had been beaten with a wooden paddle and been forced to swallow hot sauce and eat dog feces, authorities said.
A judge set all their preliminary hearings for Aug. 8. It was unclear Saturday whether any of the four suspects had attorneys yet.
At their initial court appearances Thursday, the Allens were ordered held on $1 million cash bond apiece. Bail for Stoltzmann and Judith Deal was set at $500,000 each.
“They just need to go to jail for life or get lethal injection,” Shirley Deal said. “That’s what they need because of what they did to my 10-year-old baby. My baby!”
The Allens are married, and Sammantha Allen is the girl’s aunt. Police said the couple acknowledged putting Ame in the box and padlocking it on July 12.
Stoltzmann is the girl’s paternal aunt and legal guardian, and Deal is her grandmother who was homeschooling Ame and the other children who lived in the house.
In custody are Judith Deal, 72, Cynthia Stoltzmann, 44, and John and Sammantha Allen, both 23. Police said the Allens are facing first-degree murder charges, while Stoltzmann and Deal face charges of child abuse and kidnapping.
Police said the girl slept on the floor of a stall shower in the home with no blanket or pillow as a disciplinary measure for bed wetting.
Judicial abuse occurs when the effects of law itself are damaging to the person access to justice. In the most severe forms, Judicial abuse often occurs involving the most vulnerable members of our world: Children.
For some time, judicial abuse has occurred across systems and mostly against mothers and children. Considering that it was not that long ago that both women and children were seen and not heard, just as things were improving it seemed as though humanity was finally valuing each and every prescious human life.
Out in the public, such things would and do cause enough outrage for a sense of “natural justice”. Away from the public eye, these human rights atrocities occur almost unseen and unheard like a thief in the night.
There are laws that prevent survivors from speaking out about their experiences. Whilst it is “for the children”, children are not allowed to speak about the proceedings either. The media have written too few articles on the family court. To bring the case to the media, participants must seek permission from the court itself or face imprisonment.
Controversially, fathers rights groups were allowed to heavily voice their stories of “no contact”, “falsely accused of child abuse and domestic violence” and few were allowed to challenge that except in utilizing generalist terms and evidence based research. We are aware that most of these stories are not the case at all but are withheld by law to bring the public the truth.
In the process of seeking more time with children and promoting what appears to be the most noble cause, has entrenched the rights of mothers and children in their ability to seek safety from violence.
Heads have been quoted in the media for stating that “family violence is our core business”. The propaganda that is spread about the voices of children and their access to justice promotes the profitability in manufacturing child abuse and domestic violence. They can do something about it, but it is not within their best economical advantage to do so.
This will continue until something is done.
[This is so wrong.]
Documents submitted to the Blue Ribbon Commission suggesting possible improvements in the Kansas Court system are not open records.
A Topeka Kansas Evaluation: Teaching the mother to NOT REPORT sexual or physical Abuse: As Ordered by the Courts;In domestic law on June 10, 2011 at 12:45 pm
CHILDREN NEED THIS !?
AND PARENTING COORDINATORS
IN THEIR OWN WORDS
9. For example, the below commenting MHP — who has been a parenting coordinator (“case manager”) on at least one case known to the author in which a severely battered woman lost custody of her daughter to the abusive father,and who regularly performs custody evaluations as well — appears oblivious to the impact of MHP fees (which typically are divided equally between the parents) on a parent with substantially lower income than the other:
Home > News > 2005 > Bud Dale Discusses Child Custody Evaluationshttp://www.washburnlaw.edu/news/2005/2005-02flss-dale.php
Remember me? I’m your attorney. I get paid lots of money to never see or talk to you. M. Jill Dykes GAL, Topeka, Kansas – I work for Don Hoffman and your Daddy- Hal Richardson. I am your Court AppointIn domestic law on May 21, 2011 at 10:48 pm
Remember me? I’m your attorney. I get paid lots of money to never see or talk to you. M. Jill Dykes GAL, Topeka, Kansas – I work for Don Hoffman and your Daddy- Hal Richardson. I am your Court Appointed Child Abuser- Child Trafficking via the Shawnee County Courts
Remember me? I get paid for being your attorney er uh I mean-COURT APPOINTED CHILD ABUSER Call me on my personal cell number its 785-969-4363
“Court Appointed Child Abuser”
1243 SW Topeka Blvd.,Suite B, Topeka Kansas 66617 PH:(785)266-8664
Jill Dykes Female
2801 SW Plass Ave
Topeka, Kansas 66611 show full address
Household: Chris Dykes