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• W970320104 abstract "INTRODUCTION On June 5, 2008, Utah prosecutors charged Ronald Lee Haskell with a misdemeanor crime of domestic violence. (1) Records show that he hit his wife the head and dragged her by her hair while their children were watching. (2) In plea negotiations, Haskell's attorney persuaded the prosecution to reduce the charge to simple assault. (3) The prosecution agreed to recommend that the court hold Haskell's plea in abeyance so that it would not appear on his record if he avoided further convictions the next year. (4) This disposition allowed Haskell to evade the gun ban for convicted domestic abusers under 18 U.S.C. [section] 922(g)(9), known as the Lautenberg Amendment. (5) Haskell's conviction disappeared, but his violence continued. After his wife divorced him and fled with their children, he went on a rampage. On July 2, 2014, he tied his mother to a chair and choked her after he learned that she had spoken with his ex-wife. (6) He then drove to Texas on July 9, 2014, to find his ex-wife at her sister's residence near Houston. (7) He disguised himself as a deliveryman for Federal Express. (8) He became outraged when he discovered that his ex-wife was not there. He approached the house disguised as a deliveryman for Federal Express, and asked to see his ex-wife under the pretense of delivering a package. When he learned she was not there, he became enraged, brandished a gun, and ordered the six occupants of the residence-most of them children--to lie facedown on the floor. (9) Then he tied them up and shot each of them the head. All but one of the victims, a fifteen-year-old girl, died the shooting. (10) Next, he drove to the residence of his ex-wife's parents, where the death toll would likely have increased, had it not been for police intervention after the fifteen-year-old survivor of the shooting called 911. (11) The Haskell case demonstrates the urgent need for, and the limited effectiveness of, the federal gun ban for convicted domestic abusers. Convicted batterers are much more likely than the general population to commit homicide when allowed access to firearms. (12) Yet the federal government has rarely enforced the gun ban, prosecuting approximately thirty to seventy each year among hundreds of thousands of potentially eligible defendants. (13) Critics ranging from the U.S. Senate Judiciary Committee (14) to columnists for the New York Times (15) and U.S.A. Today (16) have bemoaned the ineffectual enforcement of the federal gun ban. Why is the federal gun ban utilized so infrequently? Advocates seeking to enhance its effectiveness have focused on the Supreme Court's interpretation of the Lautenberg Amendment, and have claimed that the lack of clarity the interpretation of the statute has hindered its application. (17) These advocates won a commendable victory United States v. Castleman on March 26, 2014, and improved the uniformity of court decisions interpreting the ban. (18) Yet, the last decade has shown that the most important limitation on the gun ban is not jurisprudential. It is the reluctance of local prosecutors to charge domestic violence a way that would maximize the applicability of the federal gun ban. (19) Until local prosecutors charge domestic violence appropriately, the vast majority of convicted batterers will dodge the gun ban with impunity. This article proposes an ethical duty for prosecutors to charge batterers to the full extent of the law. The duty would obligate prosecutors to seek all possible enhancements based on the relationship of the accused to the victim and/or any witnesses, and to oppose any proposed dispositions that would lead to expunction. The new rule would increase the recognition that convicted abusers are ineligible to possess guns. The appropriate charging of domestic violence would also have ancillary benefits, allowing employers to recognize abusers, allowing victims to demonstrate their eligibility for certain government benefits, and increasing the odds that batterers will receive necessary counseling. …" @default.
• W970320104 created "2016-06-24" @default.
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• W970320104 date "2015-06-01" @default.
• W970320104 modified "2023-09-26" @default.
• W970320104 title "An Ethical Duty to Charge Batterers Appropriately" @default.
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