Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence (Gender and Justice)

Gender and Justice

by Leigh Goodmark

Decriminalizing Domestic Violence  asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

Genres: Nonfiction, Feminism, Politics, Law, Social Issues, Social Justice, Race

216 pages, Paperback

Published October 1, 2018

About the author

Leigh Goodmark is Director of the Gender Violence Clinic and a Professor of Law at the University of Maryland Carey School of Law.

Reviews

[zara · Rating 3 out of 5]

I had high hopes for this book, and in the end I was underwhelmed. The chapter on community interventions was strong, and there are some good, specific, and practical policy recommendations that could be accomplished in the near future (e.g. prioritizing access to housing, putting resources in the hands of survivors and their communities, and ending mandatory arrest policies). However, the book lacks a strong analysis of systemic oppression, and specifically lacked an analysis around race and police violence. For example, there is no mention that police officer families engage in domestic violence at 2-4x the rate of the general public. Without that lens, some of the policy recommendations fall short or can actually cause more harm than good. For example, Goodmark recommends increased surveillance of poor people to regulate access to alcohol and restricting access to guns for the general public without interrogating police access to guns. The lack of analysis of systemic oppression also led Goodmark to challenge the idea that intimate partner violence is motivated by a desire for power and control — calling this premise into question rather than delving deeper to better understand IPV as a product of systems of domination including capitalism, racism, and sexism.

[Victoria Law]

Full of info about all of the ways domestic violence policies screw over survivors while not making our communities or people safer. I'm not rating it because the author (whose Twitter handle is Recovering Carceral Feminist--Ask Me How) has said that her views have grown and this isn't the book that she'd write *now*

[Andrew · Rating 3 out of 5]

It's important to rethink approaches to solving intimate partner violence that detach the antiviolence movement from the criminal legal system, which has failed to reduce domestic violence perpetration. Leigh Goodmark's analysis is strongest in her consideration of domestic violence as an economic and community-based problem. I especially appreciate how she moves beyond the traditional notions of "power and control" to ask the tough questions of why men who harm seek empowerment through violence. In general, I do wish Goodmark provided more depth in the different examples and case studies she draws from to make her points. Overall, a decent book that reminds us of that intimate partner violence requires more discussion, research, and innovative intervention.

[Karissa Haugeberg · Rating 4 out of 5]

Persuasive critique: the criminalization of domestic violence has generally failed to prevent people from battering their partners. I worry that many of the proposed remedies rely on women’s unpaid labor (ex. neighborhood watch groups), are unsupported by longitudinal studies, or don’t address the systems that undergird misogyny. I’m grateful for Goodmark’s important work: if we really want to eradicate violence, we must engage the hard work of recognizing perpetrators’ humanity.

[Sally Kenney · Rating 3 out of 5]

Wish she had flushed out examples more.

[Tedi Beemer · Rating 4 out of 5]

impressively not dense or boring

[Megan · Rating 3 out of 5]

2.5/5
Led to a really good discussion in the seminar I read it for, but I found it underwhelming. Full of the type of hedging I’ve noticed a lot of law professors do when making a progressive argument, i.e., “one could make this argument, and I’m not necessarily making it, but based on this line of reasoning I could.” Just argue your position!

[Rebecca Zimmerman · Rating 5 out of 5]

Comprehensive and detailed plan to more effectively address intimate partner violence as the crisis that it is. Goodmark's research is solid. While I think this book misses the opportunity to address the role of "socially acceptable" cultural patriarchy in the US in encouraging IPV, it is excellent in every other way.