CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, August 10, 2015

Coker & Macquoid on Hyper-Incarceration and Domestic Violence

Donna Coker and Ahjane Macquoid (University of Miami School of Law and Independent) have posted Why Opposing Hyper-Incarceration Should Be Central to the Work of the Anti-Domestic Violence Movement (5 U. Miami Race & Soc. Just. L. Rev. 585 (2015)) on SSRN. Here is the abstract:

We demonstrate that among the many negative results of hyper-incarceration is the risk of increased domestic violence. In Part I, we describe the growth of hyper-incarceration and its racial, class, and gender disparate character. This growth in criminalization has been fueled by racist ideologies and is part of a larger neoliberal project that also includes disinvestment in communities, diminishment of the welfare state, and harsh criminalization of immigration policy. We place the dominant crime-centered approach to domestic violence in this larger neoliberal context.

The well-documented harms of hyper-incarceration -- collateral consequences that limit the economic and civic opportunities of those with criminal convictions; the emotional and economic harms to families of incarcerated parents; prison trauma and the deepening of destructive masculinities; the weakening of a community’s social structure, economic viability, and political clout -- produce harms that research demonstrates are tied to increased risks for the occurrence of domestic violence. 



Anti-domestic violence advocates have responded to neoliberal anti-poor and anti-immigrant policies with two strategies: exceptionalizing domestic violence victims and expanding the reach of VAWA. These strategies are likely to become less tenable in the current political climate. We argue for a more inclusive political alignment of anti-domestic violence organizations with social justice organizations that addresses the larger structural inequalities that fuel violence. A key part of that alignment is opposition to hyper-incarceration.

https://lawprofessors.typepad.com/crimprof_blog/2015/08/coker-macquoid-on-hyper-incarceration-and-domestic-violence.html

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