[Vision2020] The meaning of violence in Idaho Code (as I understand it)

[Sunil]

Rosemary,

Why is it unconscionable that they are out on bond? Do you think they will not show up for court? 

Sunil

From: donaldrose at cpcinternet.com
To: vision2020 at moscow.com
Date: Tue, 12 Aug 2014 09:08:06 -0700
Subject: [Vision2020] The meaning of violence in Idaho Code (as I understand	it)

Idaho Statues appear to describe violence as a direct physical act. (I am not particularly proficient in searching statutes – it is to be hoped that other, more competent, searchers will find that Idaho does recognize emotional or mental cruelty as violent and illegal behavior. IMO “abuse” does not carry the same commonly understood meaning that the word “violence” does, but rather minimizes the action.)  It is hard to accept that parochial semantics should trump the reality of the two and one half years of mistreatment of Mr. Pohrman culminating in his death by starvation.  The felonies (which may be found on the Idaho Repository) charged were:
Adult-Abuse or Neglect of a Vulnerable Adult (Bodily Harm) in part reads (although I encourage you to read the whole statute):
“TITLE 18 
CRIMES AND PUNISHMENTS
CHAPTER 15 
CHILDREN AND VULNERABLE ADULTS
 18-1505. Abuse, exploitation or neglect of a vulnerable adult. (1) Any person who abuses or neglects a vulnerable adult under circumstances likely to produce great bodily harm or death is guilty of a felony punishable by imprisonment for not more than ten (10) years and not more than a twenty-five thousand dollar ($25,000) fine.”
http://www.legislature.idaho.gov/idstat/Title18/T18CH15SECT18-1505.htmPulbice [sic] Public Assistance-Fraudulently Obtain Welfare or Public Assistance, etc.
TITLE 18 CRIMES AND PUNISHMENTSCHAPTER 24 THEFT 18-2408. Punishment for theft. (1) Grand theft committed in a manner prescribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony punishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than twenty (20) years, or by both such fine and imprisonment.
http://legislature.idaho.gov/idstat/Title18/T18CH24SECT18-2408.htmAdult-Exploitation of a Vulnerable Adult (Over $1,000.00)
18-1505. Abuse, exploitation or neglect of a vulnerable adult. (1) Any person who abuses or neglects a vulnerable adult under circumstances likely to produce great bodily harm or death is guilty of a felony punishable by imprisonment for not more than ten (10) years and not more than a twenty-five thousand dollar ($25,000) fine.
http://www.legislature.idaho.gov/idstat/Title18/T18CH15SECT18-1505.htm
I won’t elaborate on the fact that acts leading to the death of a child or vulnerable adult is “abuse” but the abortion of a fetus is termed murder. http://legislature.idaho.gov/idstat/Title18/T18CH40SECT18-4001.htm
It seems especially unconscionable that the defendants are strolling about town free as the wind on bonds of $5,000 (Winter) and $10,000 (Wright) which means they anted up $500 and $1,000.  Wright, of course remains on probation from a previous conviction of burglary.  I will be surprised if their trial (if they plead innocent) begins before this time next year.  I hope I am wrong.
Their deliberately negligent behavior denied him the medical/mental health interventions that would have saved his life.  One doesn’t have to shoot, stab, or poison to murder – clearly starving does the job as well.  Meanwhile, the Department of Justice seems to have a clearer understanding of the word “violent.”  I have bolded the words/phrases that seem applicable. While Mr. Pohrman wasn’t a “typical” partner his money supported the household and provided numerous accoutrements that certainly were beyond the means of the basically unemployed defendants.
U.S. Department of Justice
We define domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Physical Abuse: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc are types of physical abuse. This type of abuse also includes denying a partner medical care or forcing alcohol and/or drug use upon him or her.
Sexual Abuse: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.
Emotional Abuse: Undermining an individual's sense of self-worth and/or self-esteem is abusive. This may include, but is not limited to constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children.
Economic Abuse: Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment.
Psychological Abuse: Elements of psychological abuse include  - but are not limited to - causing fear by intimidation; threatening physical harm to self, partner, children, or partner's family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work.
Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, or gender. Domestic violence affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or dating.
Domestic violence not only affects those who are abused, but also has a substantial effect on family members, friends, co-workers, other witnesses, and the community at large. Children, who grow up witnessing domestic violence, are among those seriously affected by this crime. Frequent exposure to violence in the home not only predisposes children to numerous social and physical problems, but also teaches them that violence is a normal way of life - therefore, increasing their risk of becoming society's next generation of victims and abusers.
Sources: National Domestic Violence Hotline, National Center for Victims of Crime, and WomensLaw.org. http://www.justice.gov/ovw/domestic-violence
 Rose Huskey
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