The second wave of the feminist movement brought unprecedented changes in awareness of criminal legal system (CLS) responses to domestic violence (DV). The seemingly feminist “success” in the harsher CLS responses, however, resulted in the disparate criminalization of BIPOC (Black, Indigenous, and People of Color) and poor individuals, among both DV defendants and victims. Therefore, feminist support for anti-carceral/abolitionist feminism, recognizing the cooptation of feminist ideals within a neoliberal CLS system, has grown. Colonial policing, however, has only tangentially been applied to DV (and other gender-based abuse offenses’) CLS responses. This article advocates for significant changes to policing DV.
In the 50 years since the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson issued its report, feminist activism and both feminist and mainstream research have resulted in defining domestic violence (DV) as a social problem. This awareness of the seriousness and expansiveness of DV has spurred the development of unprecedented programs and policies. Although DV policing changes have been significant, so too have been the development of and changes in safehouses, no-drop court policies, domestic violence courts, community-coordinated responses, and batterer intervention programs. In this article, we review the nonpolice responses to DV cases and outcomes and provide recommendations. First, research and policies need to more regularly be aimed at addressing victims' safety and their diverse needs and experiences. Second, assessments should include addressing the processing of these cases through the impact of responses by individual community and criminal legal system actors (e.g., victim advocates, police, prosecutors, and judges) to victims and offenders.
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