WWL>Topics>>4-3-14 10:10am Garland: on domestic violence

4-3-14 10:10am Garland: on domestic violence

Apr 3, 2014|

Garland talks about a bill in the Louisiana legislature that will allow victims of domestic violence faster divorces from their abusers. On the panel: Tania Tetlow of Tulane Law School, Kim Sport of the United Way, and bill author Rep. Helena Moreno.

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Automatically Generated Transcript (may not be 100% accurate)

A surprising statement by the president -- surprising that he Busan. Meeting. Countries. Over the from the sandwich from with Russia. And and a one point he he. Referring to Russians said I'm much more concerned. About it and going -- in Manhattan. So we're gonna talk to a couple of broad world experts on nuclear threat briefing room. Seventies Barnes to backpack but and dirty bomb unit and we're gonna have to a experts. Doctors about what may be out there and is that. Really something that president. It's very high island on news concern analysts I know about say a buried. Scary. And -- it's certainly something monitor. But to say -- virtually. As concerned about partisan thing does that mean in the that the rent is something change. -- of their. Group of searchers with the university of Texans. The -- bill legalizing medical marijuana does not increase. Are we gonna talk to a member of leap. Law enforcement. Against prohibition. Try to figure out exactly what this means that -- And sell or we're gonna talk about domestic violence -- problem we easier in April Long Island. There are a bit older several bills. In the legislature for -- to reinforce the laws changed laws that. Purdue exploited to -- opens and they issue. And detailed -- proposed law record domestic violence clinic and welcome back to the show appreciate -- call. It is that one Euro exit out of 747. Owners and number. At ten -- bill -- number of subjects but the ones going up the floor right now as we speak are. A couple of criminal law a bill that would -- Up the penalties for a second offense the domestic violence from six months to a year. And then most controversially. It would it. Take -- -- -- from someone convicted of the misdemeanor domestic round crime. Or that -- to a protective order actors here. But since that party true under federal law and it doesn't change anyone's right to just make it easier for local and state law enforcement to help. For protect people against those. Got it in the very beginning even the mention of guns in this. Bill. Or are all the bills. Were thought to be something that would get killed all the others are new concern that. This might get killed on the -- so in thing mentioning. It we have candidates shy away from for exactly that reason for a long time but it makes no sense not to have a parallel state law to what is already federal law that congress passed a long time ago. That if you get a protective order against he can't -- straight to the gun store and buy yourself -- -- but aren't the true. -- what we needed the ability right now but it's a cop pulled you over. And find out that there's a protective order against you and you have a gun in her car. Other than calling an ATF they don't have the power to seize that weapon in the way that they should be able to so this little Lal. Local police to work with federal authorities to make sure that the laws in force that are on the books. Florida I think Google won't lose to vote to be considerable were being considered. Let's could break and come right back we're talking about domestic abuse. We have an expert witness on this issue shoes professor of law and -- domestic violence clinic at -- Questions comments in this call. 2601720366. -- and zero cents. A welcome back we're talking about domestic violence. I think -- museum -- a little bit bigger problem with this than most days. Would suggest the laws or an adequate to do what they're supposed to do. Two help move that room stand the script and you upload. She's professor of law and records of missing by whom flew in to leave university. -- -- a new era let me go down a couple of them sell millions of punishment. They were classified. Domestic abuse problem of violence was it was -- -- classified. As under the current law. And it it blood center and that even got Amanda about. The bill. That's currently before the legislature. They have -- aggravated default which is if typically -- brandishing a weapon against somebody. I don't know and I think that one of the misconceptions we have about criminal laws we think that the dividing line between periods and non variances felony -- this demeanor. But in this state most drug possession and felony most violence -- misdemeanor. And almost all. But he you know -- the great majority of violent crime it's going through to misdemeanor system not being taken this seriously and not really being counted as a crime of violence. And awaited -- -- the only time you leap over into how funny is that there's a weapon -- serious bodily injury that we need to fine. Great bodily injury pretty strictly. They have done an -- lobbying or been in Baton Rouge on this issue. I have not been able to do that on the issue I think your next step is will be calling in from Baton Rouge for. She is really spearheaded a lot of the floppy. It's a domestic abuse intervention program. Is there nothing like that what's the Whitney museum of protective order -- We have. That issue is that a lot of judges in the state will on -- sentence people. First ball to treatment instead of jail without a problem with I think we should be doing both. But. They and the use anger management and a misunderstanding. With the -- that really what you needed something called battery intervention treatment. -- which looks at the core root causes of domestic violence which really try to train batterers that is not acceptable to behave this way. Anger management to help you keep your temper. But it really questioned whether -- should be provoked or so it's a can be problematic to use that. That to try to make clear to Jack is that they are they're eating them on treatment. It is an original time at all wheel disciplines like the second or third time. Second offense for domestic violence does require at least two months jail time and this bill -- Increase the maximum penalty for six months factory here. But it is very -- at the moment the people serve jail time for domestic violence and that's something. That a -- can -- -- that is mostly also about really good police work and prosecutors. To take it seriously -- and dedicate the resources necessary these are hard crime to prosecute because there's so much witness intimidation. And so it requires more effort. And in the screw you that's always a problem cause and. It is a problem and -- is a big part of -- -- the system but that's because. Domestic violence is a pretty big chunk of the violent crime we have in the community it's also a significant percentage of the murdered we have in the community that we. Want this week. Worry about how to reduce the murder rate in the city like New Orleans and the region. That. Murders most easily competitor domestic ones you know the turbulent killing each other on the street corner. Are coming to the police station at a time telling you they're in danger. And then these cases there's not a lot of warning a lot of attempt to get help before someone is killed. Along with their family member or co worker and although multiple murders we've had in the news this year and so. We can't ranks as far too often post a first in the country in the number of women killed by and then which is. Kind of a proxy for domestic violence. And 784% of those smarter -- the state involve guns which is part of what does. Bill tries to change. Desist -- truck convicted of felonies and if so what do you think the chances are that. It did not. I wish that not only domestic violence that most violent crime were considered an army band at the moment. At all. Misdemeanor unless there's the weapons or are very serious injury. And the victim. According to leaves the initial -- wrote about a couple of weeks ago. The victim. Would be awarded exemplary damages. What books that. While back that this isn't about. A lot from any other bills look for law on right now it's pretty rare for a victim to the perpetrators. In the -- that if you ran into me with your car. -- he for the candidate that I suffered the authority treaty India back -- didn't allow -- Collector. Punitive damages the -- exemplary leader and a four. -- that she suffered no it. As a practical matter. Rarely. -- such cases go to court bikini to batter who has the kind of resources that it for going after but if it worked for example committee. Who had. Well who had been abusing his. Spell for years. She continued and not just for our medical bills and lost wages in all capital suffered damages to punish him for doing. And that -- below for divorce instantaneously. -- that. People act getting divorced generally have to wait six country year they had children. And and that there's no fault divorce she just have to wait a enough time to be sure that you want to make that decision we allow fault or immediate divorce. If they're adultery or if the person's been convicted of crimes and sentenced to. You know -- and often collapse. But the for the last fault divorce. That immediate kind of divorced for domestic output output -- -- -- -- -- cheat on her way to keep in beating her for years and it's the right to immediate force. The of the laps of road there was -- bill. Willow victim -- for responsible support to -- in the a percentage of their income that's still there. -- play and on up to speed on how that's done by you know about the importance -- something that's available which is making clear. Added. -- how it should be available here but that shouldn't be terribly controversial. Or it won't when things are river reporter law enforcement to rest in the body. Who's in violation. Of an order or we have reason believes in violation of protective order. Well law enforcement isn't required to rest them now. Dialogue with a little unclear on. So it just trying to make clear that when there is a violation of a protective order that that require -- I'm normally we give our -- a lot of discussion about whether to make an arrest. And it wouldn't -- they're adamant speeding ticket has. -- Historically. Police departments around the country have been trained and not -- -- -- -- -- complicated system. Walked -- on the block com backroom and pound -- at a press charges so. -- around the country including Louisiana and we're just making it a little bit more clear have tried to. And he's up by instructing officers that they have to make -- Iraq because they'd been left liquidity and that these cases. No -- -- to -- difficult requires law enforcement. To consider who's the predominant. Rests. Right that's already true actually and it just makes clear that protective order should factory to back calculus. But because what happened was when we couple officers that they -- -- -- a lot of them came in and said okay time will make an Iraq -- will rest both parties. And that the very quick way to persuade victims not to call the police for help. If that ticket and up in jail as a result has stopped came to the scene and hey you know I'm meeting gender shorthand that most of the problem is demand with beating -- woman. And then he might say -- she started to hit me first and they offer to -- responsible buyer to both of them. This makes clear that what they have to do on the need to figure out who is the predominant the creditor could -- endangered and and look at all the factors gets to decide what really going on and it's so it's. If you call the police and that somebody arm dropped -- and the police came to the scene in the proper -- and joking. Garland robbed me. The cops don't have to rest of the Buick expected to figure out what the answer is the best they can and and arrest the right person. -- Is usually Joseph subjective. Vote on the police officers part or -- -- some kind of training and to better really explain to him a hundred determine who their grocery it. There's a lot of training that's necessary and important and not that big factor in this area of laws making sure we train our -- welcome Peter dangers cases in difficult cases. And they really dislike and for that reason. But there's also lifted the -- the kind of objective factors that start to look at so they should be -- a criminal history and seeing you know if that the person claiming it's mutual have a rap sheet a mile long violent crime and domestic violence in the that the consider about it -- protective order in place. All of that kind of evidence that they use. We try to figure it out on the scene and one of the reasons that's so important now we're not making the kickoff return to the jury. Buy it in fewer grabbed both of them you really create a case that it is impossible to prosecute can keep made both of them dependence. -- so in any interested. You would never be prosecuted I think I'll -- you had to rest in every case it just makes them a nightmare. So pure and simple bill professor thank you for leaving him to lose him. Right -- talk to him sport. Policy. Here. Way. So appease -- yeah. You know somebody -- abuse you abuse or you lose it wage and tuned to try to right. Bureau and cute story in the too intrusive and this is what you think about -- for -- went through this one to do. You for or against 260120. Pre aids that suits -- and zero it's. A figure we bring our bread suggests little museum is near the top of states that have a binary. High incidence of domestic violence. Between spouses. We just heard in the news cast and other husband shoots his wife shoots himself. That -- severe fairly regular current. On the radio with -- we have book can export to is the public policy committee cure for the united we have sell copies of reason. And number -- and Helen who Marino who's represented. From. If you are fueling a bill concerning changes to our laws in the legislate -- in him welcome. And the good news. -- Great news. It. You know. Mary I report an artery of the bill -- An appellate panel dealing with -- -- and all of that unanimously passed out. I -- -- about an account but that certainly exciting and we have had gotten them that in the locker. Now it well at that -- that the significant thing now. That that that. The Al as elected right here. -- make an epic mountain area and that we believe that we need to do whatever we can't prevent the opposite tactic and that well. A good chance of the getting through the senate. -- and we ask nordic. Regular art and the and it is well and I'm hoping for the payment on that. Or it -- let -- go through some of the your shoes. -- publicized book or -- and in Q which one of these nudity and has -- been. Classified. Area crime violent. To. And being out. See whether there later. -- -- -- -- -- -- It is. And a album and intervention program. To Mark -- used in -- -- Okay. The aptly. Have redefined. An -- -- pension program and -- -- on court monitored program. Shuttle and center. Cannot simply. Which -- and her therapist that something I'd take anger management courses or whatever. Specifically designed for. On intervention. With domestic abusers out another big victory. -- June time per second offense. -- Yet our -- and then it is now what might it is now -- And that the England what what a packet and addicting partly what ordinary and ought to get it back in. Probably the standard and you know run in -- But it is not really is -- and -- get in and out. But it is our. But -- -- -- about it. At back in and of Matt eat battery it really be on at the end the week. And the victories through the going to be aborted -- exemplary damages by the court him. Yes yet they obeyed act passed unanimously in the sand -- and now again with a number on neutral authors. On the bill so absolutely. Exemplary damages. -- get one under healing. And Maliki -- -- temporary panic it can be awarded. And we are real bad. And that and I agree with that that. I beat back the impact the island are at that -- or more reprehensible. And other acts which award cover damages. Holy innocents are going to be here exemplary damages available now. Did the part where the victim consume good for spousal support up 13 of the abusers and come is that still part of the. That was part of it are and that member on the senate side they'll -- -- remember is the outside I'm up around and I. Had you look at bill. We decided to start making -- bill dealing with a demo on the outside on the we begin doesn't panic and -- the one being in the criminal penalty -- on Al. Don't need to bring -- as opposed built over the outside actually and it equipment or edit and edit it out. -- good -- good big tempers reg stay with me we had the two experts on bill that. Looks like it's going to be a long way to governor changing. The laws to protect people in the spousal abuse is pieces. Edwards who was negative word group were not the worst offender were very close to the top. The opening comments questions -- exit row 1870. Double bill brigades celebrity AM 1053. Yet. Are welcome back. Worth thinking about a goal in the regional legislature. Calling for increased penalties. For those who commit domestic violence. We have Kim sport -- the public policy committee chairman for the united way -- -- shall we general local represented in the legislature aluminum ring and -- a lecture or quote and one of video web sites set of your husband cheats on you you can get in immediate divorce. If you're his punching bag you cannot has that changed in this bill. On on one about that we have the only way out. No immediate reports -- -- attack we don't need tackle that over on without. Expect but that again overwhelming support -- is it in the. Kim on the bill would tear of the victim soup of -- set up -- me give me some details exactly. How what does that mean. Well in Louisiana. I cannot figure. -- -- -- -- During your -- It true you're out well and you're actually occurred during marriage. And that action. We want to hear your or at least not tree and you cut back and -- -- import export. You're out there it is that at all in law. What we have -- cheer I'll laugh out. And other out or injury occurred -- that I. Should do. In. General at bat and I hit it very dynamic here. Every bit police are going to be required. To rifts in the body of violating a protective order. Words that I've already with the law and and if so eggs specifically does that change Italy and. Am sure well we changed that a little bit an addict and an objective many right now -- sport that it. Get it -- -- and they have the ability to true. What what armed as as OK so let's say that they haven't seen. And someone in violation of a protective order are built as -- opposite belief that there's been some type of instant but -- then he must immediately correct the part that is in violation of that protect. Out at the opposite response to the scene and he aware our response to a call or a month in violation a protective order. If he determined patent abuse has taken place. Then at the minimum. The -- at them at issue at elements. He -- the minimum. You can tell he feels the need to do it do or whatever but at the minimum he -- he -- -- so that we got we got into the. -- or book or police required to. Determine who's the pretty dominant aggressor and and so -- -- going to be trading for the -- it just subjective. Well -- art it training and the law all the number of actor is a better arm. And back there. What we -- guy is at it. To that law. And why. Marty. It. You act in order acting -- there predicting. That a -- -- Do the one thing. Her blog to even those that approved the bill. Everything ended the talks about gun seizures or viral and could scrub whole bill. Anything in there regarding. -- Sure. You know we didn't have that we have one bill that -- specifically the other arm restriction and the -- that did -- out. But that it he. More protective order that the open it's a completely violence. That you are not out there that a firearm during the break and come back protective order. And out the if you are convicted of domestic abuse battery -- demeanor that you are not allowed to -- -- are. I don't pretend -- after the completion of your patent and that just passed the house court unanimously put a -- A Tim let's see that. You guys had. DA is working -- you were in legislators were due to a lot of -- law enforcement people sheriff's. Bill approved drove -- doing. Did did Indians didn't bring up the the problem they have with the lack of personnel lack of budget. No. Absolutely I that the Harry and then let it act not as. We were in eighty. In out. He had it here you know -- out here -- -- Check -- I ordered it. I don't act. Ultimately. Able -- -- on. All a happy. And it really. Is impact whatsoever. And garlic and I can -- down a bit more I mean as you know elected -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- All of them -- in the bureau practical impact. But I mean that that a lot and app and say you know a big thank you knew. All of the different district attorney from across the state and different -- and law enforcement agencies that help that would be built because we app really could not done that without. And -- Garland and I'm gonna run and that the back -- and get back on orbit. But I have to -- him or the united way. Called an advocate -- you know coalition against domestic violence. Mary Claire Landry and -- and I mean all of the equipment the new violence. I W he now they were all equipment element and it really I am. Our our our state one you'd step forward and preventing these epic patent and -- and Ali -- at least an opportunity to come on your show and and talk about it in. That -- W -- I think issue and everybody else to do that removes us from the live there and remove it from listening who's who's now in the lives. That -- of state -- stupid laws that sounds like makes a lot of difference congratulations. All right. Arlen -- Vigo and good telecommute Jim McGee and -- board of perjury. Doug. The governor objection we'll talk to law enforcement. About the struggles.