01011997 - Current Michigan Police Department OIDV Policies

In the late 1990's, under Michigan domestic violence laws, each police department in the state was required to have a domestic violence response policy. However, while these policies mainly focused on non-officer involved domestic violence, they barely touched on OIDV.

In this actual copy of the Monroe County Michigan Sheriff Department's domestic violence policy, fourteen pages are devoted to non-officer involved domestic violence, while only a paragraph is devoted to procedure and response to OIDV.

From page 13 of the Monroe County Michigan Sheriff Department Model Law Enforcement Domestic Violence Policy:

"When the victim or the assailant is a criminal justice system employee or public official, the supervisor will investigate to ensure that the response is properly documented and that departmental policy has been followed. Whenever possible, the supervisor will respond to and take charge of the scene."

1] OIDV department policies are not written by the Michigan AG's Office, but by each individual police department= policies differ from one department to the other.

2] If a police department is not serious about addressing OIDV= their policies are gong to reflect this attitude.

3] Protections offered to victims through department OIDV policies are not uniform throughout the state. A victim in County A may be protected by tough/enforced OIDV department policies, while a victim in County B may receive very little protections under a loosely written OIDV policy that is not even enforced;

4] OIDV department policy are not enforceable. As the law is currently written, there is no agency within the state that monitors department OIDV, or insures that police departments enforce their own OIDV policies;

5] There are no reprocussions to police departments for not adhering to their own OIDV policies;

6] There is no state agency that a victim of OIDV can report non-compliance of a police department DV policy to;

7] Victims of OIDV very seldom receive copies of their abuser's DV department policy and often do not know that such a policy exists;

8] In this department's OIDV and many other OIDV department policies throughout the state, the officer's department does not refer/ direct cases of OIDV to another police department, to insure that a neutral law enforcement agency investigates their officer's OIDV allegatio; and

9] The policy fails to address any follow up by the department, with the victim of an OIDV assault.





[MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE]

11211996 - Board Member Kenneth Daniels - 06171996 DV Charges Dismissed - Detroit Board of Education

SCHOOLS OFFICIAL MAY FACE CHARGES
July 10, 1996 •• 673 words •• ID: 9601220338. Detroit Free PressThe Wayne County Prosecutor's Office has recommended that two felony charges be brought against Detroit Board of Education member Kenneth Daniels in connection with a disturbance at his home last month. Richard Padzieski, chief of operations for the Prosecutor's Office, said Tuesday night that his office recommended that Daniels be charged with felonious assault and discharging a weapon in an occupied dwelling. Both are punishable by up to four years in prison and

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GUN INCIDENT AT HOME DRAWS ASSAULT CHARGES BOARD MEMBER SAYS IT'S RESOLVED
July 12, 1996 •• 606 words •• ID: 9601220516. Detroit Free PressBefore firing a .45-caliber pistol into the ceiling of his northeast-side home June 17, Detroit Board of Education member Kenneth Daniels pointed it at his wife and said, "I can't take it anymore," then put the weapon to his head and said, "I should kill myself." That account of the disturbance was given to police by Daniels' wife, Polette Daniels, according to charges filed Thursday in 36th District Court. Kenneth

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JUDGE DROPS ASSAULT CHARGE AFTER DANIELS' WIFE RECANTS
November 22, 1996 •• 411 words •• ID: 9602050713. Detroit Free PressA 36th District Court judge dismissed a felonious assault charge Thursday against Detroit Board of Education member Kenneth Daniels after his wife, Polette, recanted the story she told police in June. At the preliminary examination, Judge Theresa Doss also reduced a felony count of discharging a weapon in an occupied home to a misdemeanor count of negligent discharge of a weapon causing property damage. If convicted, Daniels could be sentenced to up to one year in jail and a $500 fine.

09301996 - 18 U.S.C. § 922(g)(9) - Lautenberg Amendment; Federal Domestic Violence Gun Ban

Examining the Lautenberg Amendment in the Civilian and Military Contexts

Why was the Lautenberg Amendment created?

"Senator Lautenberg intended to close a dangerous loophole in the Gun Control Act enabling domestic violence offenders to evade an additional felony conviction for gun possession by getting domestic violence felony charges reduced to misdemeanors."

Also See:

Lautenberg DV Gun Ban - US Representative Bart Stupak's attempt to have police officers exempt from Lautenberg Amendment

18 U.S.C. § 922(g)(9) : Lautenberg Amendment; Federal Domestic Violence Gun Ban

18 USC § 921(a) - Firearms - Exception To DV/Lautenberg Gun Ban: Expungement/Setting Aside Of DV Conviction 

MCL 769.4a - Michigan's Loophole To 18 U.S.C. § 922(g)(9) - Lautenberg Domestic Violence Conviction Gun Ban

MCL 769.4a and ACT 550: Closed criminal proceedings

BULLARD-PLAWECKI ACT: Internal Investigation Of Criminal Complaints - OIDV

Intention of the Lautenberg Amendment: To prevent people convicted of domestic violence crimes from owning / possessing firearms. This law applies to even police officers and military personnel. No one was exempt under this law. Thus, if a law enforcement officer was convicted of a domestic violence assault...even a misdemeanor...they would lose their right to own/ posses a firearm and would thus no longer be able to work as a police officer.

Lautenberg-Gun-Ban-Act--09301996

Lautenberg-Gun-Ban--Federal-Amendment--18 U.S.C. § 922(g)(9)

Lautenberg-Gun-Ban--Federal-Amendment--18 U.S.C. § 922(g)(9)--Federal-Consequences-For-Domestic-Violence-Convictions

The execeptions to this law: 18 U.S.C. § 921 B(33) (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either (aa) the case was tried by a jury, or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Lautenberg-DV-Gun-Ban--US-Department-Of-Justice

Lautenberg-DV-Gun-Ban--Firearm-Possession-Prohibition--Domestic-Violence-Conviction

MICHIGAN'S LOOPHOLE FOR THE LAUTENBERG AMENDMENT: MCL 769.4A

Allows for misdemeanor and felony domestic violence charges to be set aside. Pleas under MCL 769.4a are exempt from the federal Lautenberg Gun Ban amendment. In cases of OIDV, this allows the officer to return to duty, regardless of the harm they cause their victim[s].

06171996 - Board Member Kenneth Daniels -Charged With 2 Felonies In Domestic Disturbance - Detroit Board of Education

June 17, 1996: Detroit Board of Education Member Kenneth Daniels
SCHOOLS OFFICIAL MAY FACE CHARGES
July 10, 1996 •• 673 words •• ID: 9601220338. Detroit Free PressThe Wayne County Prosecutor's Office has recommended that two felony charges be brought against Detroit Board of Education member Kenneth Daniels in connection with a disturbance at his home last month. Richard Padzieski, chief of operations for the Prosecutor's Office, said Tuesday night that his office recommended that Daniels be charged with felonious assault and discharging a weapon in an occupied dwelling. Both are punishable by up to four years in prison and

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GUN INCIDENT AT HOME DRAWS ASSAULT CHARGES BOARD MEMBER SAYS IT'S RESOLVED
July 12, 1996 •• 606 words •• ID: 9601220516. Detroit Free PressBefore firing a .45-caliber pistol into the ceiling of his northeast-side home June 17, Detroit Board of Education member Kenneth Daniels pointed it at his wife and said, "I can't take it anymore," then put the weapon to his head and said, "I should kill myself." That account of the disturbance was given to police by Daniels' wife, Polette Daniels, according to charges filed Thursday in 36th District Court. Kenneth

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JUDGE DROPS ASSAULT CHARGE AFTER DANIELS' WIFE RECANTS
November 22, 1996 •• 411 words •• ID: 9602050713. Detroit Free PressA 36th District Court judge dismissed a felonious assault charge Thursday against Detroit Board of Education member Kenneth Daniels after his wife, Polette, recanted the story she told police in June. At the preliminary examination, Judge Theresa Doss also reduced a felony count of discharging a weapon in an occupied home to a misdemeanor count of negligent discharge of a weapon causing property damage. If convicted, Daniels could be sentenced to up to one year in jail and a $500 fine.