The carceral state is entangled with the ostensibly non-criminal social and legal response to intimate partner violence (IPV). While feminists and anti-IPV advocates increasingly recognize the harmful effects of the carceral state’s in- volvement in addressing violence, less attention has been given to civil remedies and services which are contingent upon interaction with the carceral state. At the same time, the police abolition movement has gained rhetorical momentum, but it remains focused on the traditional role of police in affirmatively regulating con- duct, without recognizing how people are coerced into interacting with the car- ceral state to access resources.
Anti-carceral approaches to IPV cannot work to prevent and remediate harm if civil remedies require interaction with apparatuses of the carceral state. Con- versely, abolition cannot work if the movement fails to recognize that the carceral state is entrenched in the civil response to violence, not just the criminal response. This Article identifies and examines how civil remedies for survivors of IPV, in- cluding housing protections, crime victim compensation, and immigration relief, are entangled with the carceral state; analyzes the individual and structural harms caused by civil-carceral entanglements; and argues that they undermine the efficacy and equitability of remedies and further the reach of the carceral state. We can reimagine a society that works to prevent and remediate the harms of IPV without relying upon the discriminatory, retributive, and ineffective mechanisms of the carceral state.
Lawyers who are just entering the profession should be trained to understand the history of criminal legal punishment in the United States, how the system impacts people’s lives, and how it might be replaced by a model that emphasizes collective well-being.
Journals make a difference in shaping both policy work and litigation. Practitioners often search journals to find new ideas, to gain an understanding of what is being done on a particular problem, or to determine whether an approach has merit.
Ian M. Kysel∞ Abstract The solitary confinement of children is remarkably commonplace in the United States, with the best available government data suggesting that thousands of children across the country are subjected to the practice each year. Physical and social
Beth Caldwell∞ Abstract This article presents findings from a study on the implementation of California’s new Youth Offender Parole Hearing law, which aims to provide juvenile offenders with meaningful opportunities to obtain release from adult prison. It contributes to the