Post by Jennifer on Aug 3, 2006 17:48:22 GMT -5
Brutal Abusers Often Not Jailed
About half don't get any prison time, and those who do usually serve less than two years
By Rick Brundrett And Chris Roberts, Staff Writers, The State
Originally published in The State, June 10, 2001
South Carolina judges give no prison time to about half of offenders convicted of the most serious domestic violence charges, according to a State newspaper study.
Those who were sent to prison from 1996 through 2000 were sentenced to less than two years behind bars on average.
"No wonder we're No. 1 in the nation for women being killed by men," said Nancy Barton, director of Sistercare, a Midlands battered women's shelter. "You really have to wonder how she's being helped by the system."
Victim advocates say many women become disillusioned about pursuing charges if they feel their abusers won't be punished.
But judges say victims typically ask for leniency at abusers' sentencings. In many cases, plea bargains calling for probation or light sentences are worked out in advance by the victim, prosecutors and the defendant's lawyer, judges say.
"I think it would be ridiculous for me to think I'm smarter than the people who are living their life together," said 14th Circuit Court Judge Jackson Gregory of Beaufort.
The State's analysis of state corrections and probation department data from 1996 through 2000 showed:
*
Offenders convicted of the most serious domestic violence charges—aggravated domestic violence or a third or subsequent domestic violence offense—often don't go to prison. The data showed that 1,728 defendants, or about 55 percent, convicted of either of the two most serious domestic violence offenses received probation instead of prison time. About 300 of the offenders eventually went to prison after violating probation or parole.
*
Offenders who do go to prison receive short sentences. About 45 percent of those convicted—1,403 people—were sentenced to prison on 1,665 charges.
Those convicted of the most serious charge—criminal domestic violence of a high and aggravated nature—received an average sentence of just under three years for 583 charges. The maximum penalty is 10 years.
For the lesser charge—a third or subsequent domestic violence offense—offenders convicted of 1,082 charges received an average sentence of slightly more than a year. The maximum sentence for that charge is three years.
*
Offenders rarely serve their full sentences.
A study by the S.C. Sentencing Guidelines Commission showed that domestic violence offenders served, on average, about half of their sentences.
'CYCLE THAT REPEATS'
The State's analysis of sentencing patterns follows its report last month showing that prosecutors dismissed 54 percent of the most serious domestic violence charges from 1996 through 2000. Four days after that report, S.C. Attorney General Charlie Condon ordered prosecutors statewide to quit dropping serious cases.
Victim advocates say serious offenders who aren't punished often repeat their crimes, sometimes with deadly consequences. South Carolina led the nation in 1998 in the rate of men killing women, according to an earlier study by the Violence Policy Center in Washington, D.C. In that year, men killed 62 women.
The State's analysis found that 96 percent of the convicted batterers are men.
Though they didn't dispute The State's findings, judges contacted last week denied they are soft on batterers. For example, they say, serious offenders often face other types of assault charges that carry longer prison sentences than the most serious domestic violence charge.
But victim advocates say judges must get tougher on convicted abusers, even if victims don't want it. Many women don't seek punishment because they live in fear of, or are controlled by, their batterers, advocates say.
"This is a cycle that repeats itself unless there is appropriate intervention," said MalissaBurnette, chairwoman of the Governor's Task Force on Domestic Violence. "Victims don't always know what's best for them."
LIGHT SENTENCES
In South Carolina, all criminal domestic violence charges are misdemeanors, no matter how serious the injuries. Because no charge carries more than a 10-year sentence, state law allows defendants to serve a fraction of their sentences.
A bill sponsored by House Speaker David Wilkins, the Sentencing Guidelines Commission chairman, would require that all offenders in prison serve at least 85 percent of their sentences. That requirement now applies only to crimes that carry a maximum sentence of at least 20 years.
Offenders who get lesser sentences are eligible for parole after serving a quarter or a third of their sentences, depending on whether the crime is classified as violent. No domestic violence charge is considered a violent offenses under S.C. law.
Wilkins' bill died in the Legislature last week, as did other bills that would have, among other things, made aggravated domestic violence a violent felony.
Elizabeth Waldrep, director of the Sentencing Guidelines Commission, said the distinction between violent and nonviolent charges is critical.
"The power of the charge is so important when a judge looks at what is brought before him," Waldrep said. "If the solicitor chooses to charge someone with a nonviolent crime, it's much more acceptable to send him to probation."
In fiscal 1999, 24 percent of offenders convicted of aggravated domestic violence or a third or subsequent count of domestic violence were sentenced to prison, according to the sentencing commission. Offenders convicted of aggravated domestic violence were sent to prison 41 percent of the time in fiscal 1996.
In South Carolina, the maximum length of probation for all crimes is five years. Probation often carries a number of conditions, such as completion of counseling programs and restitution.
Burnette, whose domestic violence task force issued a 110-page report in November, said the problem with sentencing abusers to probation only is that there aren't enough services in South Carolina for abusers, victims and their families.
"I know our prison system is overcrowded," said Burnette, a Columbia lawyer. "But the bottom line is, there are families in danger. It doesn't seem fair that dangerous perpetrators are put on probation."
Barton, director of the Sistercare shelter, said 85 percent of the women surveyed at her shelter reported their abusers had threatened them with death, a weapon or both. She said victims of repeated abuse often feel "hopeless and helpless" in the state's courts.
"I think she gets disillusioned if it keeps getting dismissed … or he's put on probation," Barton said. "I want the battered woman to see the court system as responsive, rather than for her to take it upon herself."
DONE DEALS
But many circuit court judges say most victims who appear before them usually make it clear they don't want their abusers punished. Often, a year has passed between the incident and the sentencing with no serious problems reported, judges say.
"What if the spouse says, 'My husband is no longer drinking, we're back together and we've never had it better in years'?" said Judge Gregory, whose circuit covers Allendale, Beaufort, Colleton, Hampton and Jasper counties. "I'm prone not to give prison in those cases."
Also, many cases of domestic violence that result in serious injury are prosecuted under the charge of assault and battery with intent to kill, not domestic violence cases, Gregory said. That's because the assault charge carries a maximum 20-year sentence and offenders must serve at least 85 percent of their sentence.
There are no state figures to show how many domestic violence cases are prosecuted as more serious charges.
Most domestic violence cases are settled through plea bargains involving the victim, prosecutors and the defendant's lawyer, judges say. Though they have the authority to reject deals, judges say they typically don't second-guess prosecutors, especially when they are hearing cases outside their home circuits.
Circuit court judges typically handle cases outside their territory six months out of the year.
"I don't perceive myself as the conscience of the community," said 9th Circuit Court Judge Victor Rawl, whose territory covers Charleston and Berkeley counties. "I look to my solicitor for a recommendation."
Seventh Circuit Court Judge Gary Clary of Gaffney said he looks at every case individually but relies heavily on the victim's wishes. He said he gives probation in many cases, based on the victim's recommendation.
"I tell (victims), 'Please understand that we have no guarantees there won't be something that happens in the future,'" Clary said. "It's one of the hardest things about being a judge."
Fourth Circuit Court Judge Paul Burch, who serves the Pee Dee counties of Chesterfield, Darlington, Dillon and Marlboro, said he tries to take a different approach in some cases, giving jail time to a defendant even if the victim doesn't want it.
"If they get a little taste of that jail, that will shock them," he said.
The State's analysis found, though, that average domestic violence sentences in Burch's circuit were slightly lower than the statewide average during the 1996-2000 period.
About half don't get any prison time, and those who do usually serve less than two years
By Rick Brundrett And Chris Roberts, Staff Writers, The State
Originally published in The State, June 10, 2001
South Carolina judges give no prison time to about half of offenders convicted of the most serious domestic violence charges, according to a State newspaper study.
Those who were sent to prison from 1996 through 2000 were sentenced to less than two years behind bars on average.
"No wonder we're No. 1 in the nation for women being killed by men," said Nancy Barton, director of Sistercare, a Midlands battered women's shelter. "You really have to wonder how she's being helped by the system."
Victim advocates say many women become disillusioned about pursuing charges if they feel their abusers won't be punished.
But judges say victims typically ask for leniency at abusers' sentencings. In many cases, plea bargains calling for probation or light sentences are worked out in advance by the victim, prosecutors and the defendant's lawyer, judges say.
"I think it would be ridiculous for me to think I'm smarter than the people who are living their life together," said 14th Circuit Court Judge Jackson Gregory of Beaufort.
The State's analysis of state corrections and probation department data from 1996 through 2000 showed:
*
Offenders convicted of the most serious domestic violence charges—aggravated domestic violence or a third or subsequent domestic violence offense—often don't go to prison. The data showed that 1,728 defendants, or about 55 percent, convicted of either of the two most serious domestic violence offenses received probation instead of prison time. About 300 of the offenders eventually went to prison after violating probation or parole.
*
Offenders who do go to prison receive short sentences. About 45 percent of those convicted—1,403 people—were sentenced to prison on 1,665 charges.
Those convicted of the most serious charge—criminal domestic violence of a high and aggravated nature—received an average sentence of just under three years for 583 charges. The maximum penalty is 10 years.
For the lesser charge—a third or subsequent domestic violence offense—offenders convicted of 1,082 charges received an average sentence of slightly more than a year. The maximum sentence for that charge is three years.
*
Offenders rarely serve their full sentences.
A study by the S.C. Sentencing Guidelines Commission showed that domestic violence offenders served, on average, about half of their sentences.
'CYCLE THAT REPEATS'
The State's analysis of sentencing patterns follows its report last month showing that prosecutors dismissed 54 percent of the most serious domestic violence charges from 1996 through 2000. Four days after that report, S.C. Attorney General Charlie Condon ordered prosecutors statewide to quit dropping serious cases.
Victim advocates say serious offenders who aren't punished often repeat their crimes, sometimes with deadly consequences. South Carolina led the nation in 1998 in the rate of men killing women, according to an earlier study by the Violence Policy Center in Washington, D.C. In that year, men killed 62 women.
The State's analysis found that 96 percent of the convicted batterers are men.
Though they didn't dispute The State's findings, judges contacted last week denied they are soft on batterers. For example, they say, serious offenders often face other types of assault charges that carry longer prison sentences than the most serious domestic violence charge.
But victim advocates say judges must get tougher on convicted abusers, even if victims don't want it. Many women don't seek punishment because they live in fear of, or are controlled by, their batterers, advocates say.
"This is a cycle that repeats itself unless there is appropriate intervention," said MalissaBurnette, chairwoman of the Governor's Task Force on Domestic Violence. "Victims don't always know what's best for them."
LIGHT SENTENCES
In South Carolina, all criminal domestic violence charges are misdemeanors, no matter how serious the injuries. Because no charge carries more than a 10-year sentence, state law allows defendants to serve a fraction of their sentences.
A bill sponsored by House Speaker David Wilkins, the Sentencing Guidelines Commission chairman, would require that all offenders in prison serve at least 85 percent of their sentences. That requirement now applies only to crimes that carry a maximum sentence of at least 20 years.
Offenders who get lesser sentences are eligible for parole after serving a quarter or a third of their sentences, depending on whether the crime is classified as violent. No domestic violence charge is considered a violent offenses under S.C. law.
Wilkins' bill died in the Legislature last week, as did other bills that would have, among other things, made aggravated domestic violence a violent felony.
Elizabeth Waldrep, director of the Sentencing Guidelines Commission, said the distinction between violent and nonviolent charges is critical.
"The power of the charge is so important when a judge looks at what is brought before him," Waldrep said. "If the solicitor chooses to charge someone with a nonviolent crime, it's much more acceptable to send him to probation."
In fiscal 1999, 24 percent of offenders convicted of aggravated domestic violence or a third or subsequent count of domestic violence were sentenced to prison, according to the sentencing commission. Offenders convicted of aggravated domestic violence were sent to prison 41 percent of the time in fiscal 1996.
In South Carolina, the maximum length of probation for all crimes is five years. Probation often carries a number of conditions, such as completion of counseling programs and restitution.
Burnette, whose domestic violence task force issued a 110-page report in November, said the problem with sentencing abusers to probation only is that there aren't enough services in South Carolina for abusers, victims and their families.
"I know our prison system is overcrowded," said Burnette, a Columbia lawyer. "But the bottom line is, there are families in danger. It doesn't seem fair that dangerous perpetrators are put on probation."
Barton, director of the Sistercare shelter, said 85 percent of the women surveyed at her shelter reported their abusers had threatened them with death, a weapon or both. She said victims of repeated abuse often feel "hopeless and helpless" in the state's courts.
"I think she gets disillusioned if it keeps getting dismissed … or he's put on probation," Barton said. "I want the battered woman to see the court system as responsive, rather than for her to take it upon herself."
DONE DEALS
But many circuit court judges say most victims who appear before them usually make it clear they don't want their abusers punished. Often, a year has passed between the incident and the sentencing with no serious problems reported, judges say.
"What if the spouse says, 'My husband is no longer drinking, we're back together and we've never had it better in years'?" said Judge Gregory, whose circuit covers Allendale, Beaufort, Colleton, Hampton and Jasper counties. "I'm prone not to give prison in those cases."
Also, many cases of domestic violence that result in serious injury are prosecuted under the charge of assault and battery with intent to kill, not domestic violence cases, Gregory said. That's because the assault charge carries a maximum 20-year sentence and offenders must serve at least 85 percent of their sentence.
There are no state figures to show how many domestic violence cases are prosecuted as more serious charges.
Most domestic violence cases are settled through plea bargains involving the victim, prosecutors and the defendant's lawyer, judges say. Though they have the authority to reject deals, judges say they typically don't second-guess prosecutors, especially when they are hearing cases outside their home circuits.
Circuit court judges typically handle cases outside their territory six months out of the year.
"I don't perceive myself as the conscience of the community," said 9th Circuit Court Judge Victor Rawl, whose territory covers Charleston and Berkeley counties. "I look to my solicitor for a recommendation."
Seventh Circuit Court Judge Gary Clary of Gaffney said he looks at every case individually but relies heavily on the victim's wishes. He said he gives probation in many cases, based on the victim's recommendation.
"I tell (victims), 'Please understand that we have no guarantees there won't be something that happens in the future,'" Clary said. "It's one of the hardest things about being a judge."
Fourth Circuit Court Judge Paul Burch, who serves the Pee Dee counties of Chesterfield, Darlington, Dillon and Marlboro, said he tries to take a different approach in some cases, giving jail time to a defendant even if the victim doesn't want it.
"If they get a little taste of that jail, that will shock them," he said.
The State's analysis found, though, that average domestic violence sentences in Burch's circuit were slightly lower than the statewide average during the 1996-2000 period.