Beyond Non-Violent Offenses: Criminal Justice Reform and Intimate Partner Violence in the Age of Progressive Prosecution

Abstract

Intimate partner violence is routinely left out of the public discourse about criminal justice reform. The criminal legal system all too often fails to effectively protect victims from intimate partner violence, although it continues to impose deleterious collateral consequences on defendants. In this Article, we review the platforms and policy agendas of four high-profile, self-identified progressive prosecutors, and discuss follow-up interviews conducted to better understand how these offices are approaching reform to traditional approaches to handling intimate partner violence cases. The reform agenda ushered in by the new wave of progressive prosecutors reflects increasing recognition of the complexities these issues raise, but has not yet translated into a clear departure from the status quo. At the same time, several concrete approaches have emerged to address longstanding issues, including increasing use of restorative justice, refusal to cooperate with immigration agencies, primary caregiver diversion programs, and renewed commitment to provide direct support to victims. No single policy will resolve the longstanding crises of domestic violence in our society, and there are still major empirical data gaps on these issues. However, as criminal justice reform movements—from progressive prosecution to abolition—gain traction, we argue that it is imperative that they squarely address domestic violence as a priority. The Article seeks to start a conversation acknowledging the reality of this crisis, mapping the limitations of existing frameworks, taking stock of emerging practices in the context of self-identified progressive prosecutors’ offices, and elevating key questions for future inquiry.

Details

Publisher:
Stanford University Stanford, California
Citation(s):
  • Margo Lindauer and Emily Postman, Beyond Non-Violent Offenses: Criminal Justice Reform and Intimate Partner Violence in the Age of Progressive Prosecution, 16 Stan. J. C.R. & C.L. 457 (2021).
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