Tennessee Stats concerning for Domestic Violence

October is observed as Domestic Violence Awareness Month nationwide and according to a recent study, Tennesseans need to be more aware. A new study by the Violence Policy Center found Tennessee ranks fifth in the country when it comes to the number of women being murdered by men in domestic violence situations.

Domestic violence charges can result from a number of instances including domestic abuse, spousal abuse, battery, emotional abuse, economic deprivation, child abuse, sexual assault, and stalking. There are many serious charges that can result from a misunderstanding or from an unfortunate escalation of emotions during an argument.

The penalties for a domestic violence charge in Tennessee can be life altering. Domestic assault is a Class A Misdemeanor, meaning it carries a maximum jail sentence is 11 months 29 days in jail and a maximum fine of $200. It is common for domestic abuse convictions to result in restraining orders, loss of child custody rights, criminal penalties, fines, and a tarnished reputation. Along with jail time, a conviction will also carry supervised probation. The probation will last for 11 months 29 days, although shorter probation periods are up to the discretion of the judge or prosecutor. As part of the conditions of probation, the defendant will be subject to regular and random drug screens and have to pay probation fees and court costs on schedule, which can be as much as $100 per month.

With a domestic assault conviction, the defendant has a prohibition on owning or possessing any firearms, including hunting rifles. If you are employed as a police officer, security guard or other profession where you must carry a firearm, a conviction can thus mean a loss of employment. It may prevent you from getting a job or an apartment.

The state has attempted to reduce the numbers of domestic violence incidents but experts say a common strategy employed elsewhere, merely increasing jail time for perpetrators, will be difficult to institute in Tennessee. Increased jail time supposedly helps because research shows that the perpetrator, once released, goes out and finds another victim and the cycle begins anew. The problem with increasing sentences here is that the state is already spending millions holding existing criminals in overcrowded prisons and cannot afford the millions more it would take to substantially increase domestic violence sentences.

Source: “Is Southern Culture Behind Domestic Violence Increase?,” published at NewsChannel5.com.

See Our Related Blog Posts:
Governor Haslam Seeks to Stiffen Domestic Violence Penalties in Tennessee
Tennessee’s New Expungement Statute Goes into Effect July 1

The CCA, Tenn. R. Evid. 803(26), and Prior Inconsistent Statements as Substantive Evidence

By Stevie Phillips

In State v. Ackerman, the Tennessee Court of Criminal Appeals addressed Tennessee Rule of Evidence 803(26), a hearsay exception adopted in 2009 that allows admission of some prior inconsistent statements as substantive evidence. 

The Rule states that the following are not excluded by the hearsay rule:

A statement otherwise admissible under Rule 613(b) if all of the following conditions are satisfied:      

(A) The declarant must testify at the trial or hearing and be subject to cross-examination concerning the statement.                                                                                                                                                                    

(B) The statement must be an audio or video recorded statement, a written statement signed by the witness, or a statement given under oath.                                                                                                             

(C) The judge must conduct a hearing outside the presence of the jury to determine by a preponderance of the evidence that the prior statement was made under circumstances indicating trustworthiness.

The CCA emphasized that

[t]o be admissible as substantive evidence via Rule 803(26), a statement must first be admissible as a prior inconsistent statement via Rule 613(b). That rule provides that ‘[e]xtrinsic evidence of a prior inconsistent statement by a witness is not admissible unless and until the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require.

The admissibility of a prior inconsistent statement as substantive evidence will often turn, therefore, on whether the witness testifies in an inconsistent manner.  As the CCA explained, the witness must deny the statement, equivocate about having made the statement, or testify inconsistently and then testify that he or she does not recall making the prior inconsistent statement.  Finally, the court noted that nothing in Rule 803(26) “permits the admission of a witness’s prior statement in its entirety.”

The full opinion can be found here. 

Governor Haslam Seeks to Stiffen Domestic Violence Penalties in Tennessee

We informed you in an earlier post about Governor Haslam's new public safety initiative. We briefly mentioned the provisions in the legislation about the new consequences for domestic violence offenders in Tennessee. Just recently, Bill Gibbons, commissioner of the Tennessee Department of Safety and Homeland Security, spoke out about the domestic violence legislation.

The "Repeat Domestic Violence Offender" bill increases the penalties for repeat domestic violence offenders. Specifically, a second offender would receive at least 45 days in jail and a fine ranging from $350-$3,500. A third offense and any subsequent offense would warrant at least 120 days in jail and a fine ranging from $1,100 - $5,000. The main purpose of the legislation is to address the increasing problem with domestic violence in Tennessee. In a recent study, it was discovered that Tennessee was ranked fifth in the nation for women murdered by men as a result of domestic violence. Gibbons hopes the legislation would deter further domestic violence incidents.

When asked about the legislation, Hamilton County Sheriff Jim Hammond voiced some concern over the cost of housing all the offenders as a result of the mandatory jail time. He also stated that the definition of domestic violence would need to be clarified in order for officers to be able to better determine when a domestic assault has actually occurred. In some instances, such as when there is no physical harm to the woman, it may be hard for officers to determine if a domestic assault occurred.

You can expect the legislation to be considered by the Legislature in the upcoming term. We'll keep you posted on its progress.

Governor Haslam Encourages a $6 Million Crime Prevention Plan for Tennessee

The Tennessean reported Friday that Governor Haslam has devised a plan to help prevent crime and reduce the amount of violent crimes in the state of Tennessee. The estimated total cost of the plan is around $6 Million.

Violent crime has become a huge concern for the citizens of Tennessee, most recently in Chattanooga where there has been a definite increase in shootings and other violent crime. Many blame gang activity and various drug activity. As we have witnessed in recent months, the combination of both can prove particularly dangerous.

The plan focuses on three areas: decreasing violent crime, cutting the rate at which criminals commit new crimes, and reducing prescription and methamphetamine abuse.

Here is a rundown of the different aspects of the proposed plan:

• Domestic Violence: One of the aspects of the plan would impose mandatory minimum sentences for domestic violence offenses. A second domestic violence offense would receive a mandatory minimum of 45 days in prison; a third offense would receive a mandatory minimum of 120 days in prison. The proposed legislation dealing with domestic violence stems from a study conducted in October that ranked Tennessee the 5th in the nation in murders of women by men.

• Gang-Related crimes: The plan includes increased penalties for felons involved in gang-related crime, and reducing the rate at which a criminal commits a new crime. Specifically, legislation would target groups of three or more people who commit violent crimes. These groups would receive a harsher penalty for gang-related crime. Further, specific crimes frequently associated with gang activity will receive an increased penalty. These include: aggravated assaults and robberies and aggravated burglaries.

• Pill abuse: The proposed measures involving drug-related crimes include a system for cleaning noxious meth labs, improving the state database that tracks the sale of pseudoephedrine, better training state troopers on drug interdiction, and shift non-violent drug offenders from prison to local drug court programs.

Haslam's plan has its fair share of critics. Some of those against the legislation include defense attorneys who are wary of mandatory minimum sentencing. This is because specific circumstances of a case cannot be taken into account when there is a mandatory minimum sentence in place for a certain crime. Funding is also a big issue. While moving non-violent drug offenders to drug court programs is a great suggestion, many wonder where the funding for that type of movement will originate. Many are worried that the increased penalties for domestic violence offenders will begin to overcrowd the prisons. Prison administrators state the prisons are already filled to capacity with some exceeding capacity.

Even given the criticism, there seems to be overall support for Haslam's plan, particularly for the provisions involving drug-related crimes.

Many of these proposed laws are likely to come up in the upcoming session of the Tennessee Legislature. If passed, they will take effect later this year.