VAWA is not like that? (2)

Retracing again, we

1) Establish a claim of rampant male-on-female domestic violence.
2) Train law enforcement, prosecutors, and judges to accept that bias.  
3) Incentivize arrest.

What next?

That would be established in sections 20102, 20103, and 30208 part 5.  

Section 20102, Truth in Sentencing Incentive Grants

(a) TRUTH IN SENTENCING GRANT PROGRAM.—Fifty percent of the total amount of funds appropriated to carry out this subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Truth in Sentencing Incentive Grants. To be eligible to receive such a grant, a State must meet the requirements of section 20101(b) and shall demonstrate that the State—

(1) has in effect laws which require that persons convicted of violent crimes serve not less than 85 percent of the sentence imposed; or
(2) since 1993—

(A) has increased the percentage of convicted violent offenders sentenced to prison;
(B) has increased the average prison time which will be served in prison by convicted violent offenders sentenced to prison;
(C) has increased the percentage of sentence which will be served in prison by violent offenders sentenced to prison; and
(D) has in effect at the time of application laws requiring that a person who is convicted of a violent crime shall serve not less than 85 percent of the sentence imposed if—

(i) the person has been convicted on 1 or more prior occasions in a court of the United States or of a State of a violent crime or a serious drug offense; and
(ii) each violent crime or serious drug offense was committed after the defendant’s conviction of the preceding violent crime or serious drug offense.

 
By itself, 20102 looks justified, as it provides incentive to back up criminal sentencing after conviction, by increasing sentence time and mandating that time given be served. It is less innocent, however, when seen in conjunction with section 20103, which incentivizes inflation of conviction rates for "part 1 violent crimes," described in section 30208 part 5 as including aggravated assault, which may be leveled for the attempt to cause serious bodily injury. Any domestic abuse allegation involving an assault can be defined as an attempt to cause serious bodily injury, whether injury occurred or not.

Section 20103, Violent Offender Incarceration Grants Program

(a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM- Fifty percent of the total amount of funds appropriated to carry out this subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Violent Offender Incarceration Grants. To be eligible to receive such a grant, a State or States must meet the requirements of section 20101(b).

(b) ALLOCATION OF VIOLENT OFFENDER INCARCERATION FUNDS-

(1) FORMULA ALLOCATION- Eighty-five percent of the sum of the amount available for Violent Offender Incarceration Grants for any fiscal year under subsection (a) and any amount transferred under section 20102(b)(2) for that fiscal year shall be allocated as follows:

(A) 0.25 percent shall be allocated to each eligible State except that the United States Virgin Islands, American Samoa, Guam and the Northern Mariana Islands each shall be allocated 0.05 percent.

(B) The amount remaining after application of subparagraph (A) shall be allocated to each eligible State in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for 1993 bears to the number of part 1 violent crimes reported by all States to the Federal Bureau of Investigation for 1993.

(2) DISCRETIONARY ALLOCATION- Fifteen percent of the sum of the amount available for Violent Offender Incarceration Grants for any fiscal year under subsection (a) and any amount transferred under section 20103(b)(3) for that fiscal year shall be allocated at the discretion of the Attorney General to States that have demonstrated the greatest need for such grants and the ability to best utilize the funds to meet the objectives of the grant program and ensure that prison cell space is available for the confinement of violent offenders.

(3) TRANSFER OF UNUSED FORMULA FUNDS- On September 30 of each of fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall transfer to the discretionary program under paragraph (2) any funds made available for allocation under paragraph (1) that are not allocated to an eligible State under paragraph (1).

From section 30208, Definitions:

(5) The term `part 1 violent crimes' means murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.

Section 20103 establishes with the 1993 numbers a standard of measurement which incentivizes continual increase in the reporting of "part 1 violent crimes," and includes one with criteria which can be applied (especially in conjunction with biases the law has imposed upon law enforcement and prosecutors) to any domestic dispute which progresses beyond a simple shouting match.

So now... we establish the claim, create a bias in all three steps of enforcement (arrest, prosecution, judicial hearing,) then incentivize conviction, harsh sentencing, and adherence to that sentencing. This is the establishment, by VAWA, of the legal equivalent of a giant Rube-Goldberg device designed to funnel men through the criminal justice system into the prison system, for the alleged benefit of women.   


1    2    3