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)

University of Miami Legal Studies Research Paper No. 2015-08

35 Pages Posted: 3 Aug 2015

See all articles by Donna Coker

Donna Coker

University of Miami School of Law

Ahjane Macquoid

Independent

Date Written: Summer 2015

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.

Keywords: crime, criminal justice, domestic violence, intimate partner violence, racism, sexism, mass incarceration, critical race feminism

Suggested Citation

Coker, Donna K. and Macquoid, Ahjane, Why Opposing Hyper-Incarceration Should Be Central to the Work of the Anti-Domestic Violence Movement (Summer 2015). 5 U. Miami Race & Soc. Just. L. Rev. 585 (2015), University of Miami Legal Studies Research Paper No. 2015-08, Available at SSRN: https://ssrn.com/abstract=2638902

Donna K. Coker (Contact Author)

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL Florida 33146
United States
3052843041 (Phone)
33124-8498 (Fax)

HOME PAGE: http://www.law.miami.edu/

Ahjane Macquoid

Independent

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