Abstract
In Decriminalizing Domestic Violence, Leigh Goodmark critiques the United States’ reliance on a criminal justice system (CJS) response to intimate partner violence (IPV). After tracing how the CJS came to be so dominant, Goodmark provides four alternative lenses through which to understand IPV, presenting IPV as an economic (Chapter 2), public health (Chapter 3), community (Chapter 4), and human rights (Chapter 5) problem. Chapter 6 concludes with suggestions for potential laws and policies which could be enacted if the U.S. were to adopt these lenses. Recommendations are informed by available research, though this is limited in some areas. Ultimately, Goodmark is not arguing for full decriminalisation. Instead, she is calling on policymakers to ‘rethink the current criminal regime’ given that criminalisation disproportionately harms the most marginalised (p. 143). By focusing on victims’ needs and wishes, and meaningfully embracing intersectionality, Goodmark claims we can achieve ‘a balanced policy approach’ that is less reliant on the CJS, and may finally succeed in reducing the prevalence of IPV in the United States (p. 11).
The introduction and first chapter establish the context of current U.S. policy on IPV, providing a brief history of police responses to IPV, the influence of the feminist antiviolence movement, and the resulting criminalisation of IPV. Goodmark does well to acknowledge the logic of criminalisation, given chronic underenforcement and the normative importance of condemning IPV, whilst also providing compelling critiques of such an approach. Rather than narrowly focusing on IPV, Goodmark highlights the co-occurrence of criminalisation of IPV with a general rise in mass incarceration – an important point often missed in the discussion of IPV policies. Borrowing from anticarceral feminist critiques of overcriminalisation, Goodmark foregrounds the disproportionate impact of incarceration on marginalised peoples (especially women and men of colour), as well as the more general point that criminalisation cannot solve social problems. After outlining the benefits and critiques of criminalisation, Chapter 1 provides a theoretical basis for decriminalisation based on four concerns: harm minimisation, deterrence, cost-benefit analysis and alternative prevention measures. This provides a useful framework on which to judge the policy suggestions made in later chapters.
Approaching IPV as an economic problem (Chapter 2) encourages policymakers to consider the economic costs of IPV to the victim, employers, the local community and the wider economy. An economic focus also highlights the practical barriers faced by victims, such as finding and keeping housing. IPV is strongly associated with indicators of material deprivation, suggesting that reducing neighbourhood disadvantage may help prevent abuse. Programmes developed to improve victims’ financial understanding and stability are reviewed and generally appear successful. Goodmark acknowledges the impact of structural economic factors, such as the gender pay gap, deindustrialization and economic recession, on individuals affected by IPV, noting how the link between economic success and masculinity in U.S. culture may contribute to such effects.
Understanding such structural factors also encourages conceptualisation of IPV as a public health problem (Chapter 3). A public health focus on prevention necessitates an understanding of the social determinants, or ‘causes of the causes’ (Marmot, 2005: 1099) of IPV. Although IPV has been discussed in public health contexts since the 1990s, talk has not often resulted in action, partly due to fears of depoliticisation. After outlining primary, secondary and tertiary levels of prevention and explaining the ecological model utilised by public health researchers, Goodmark describes various IPV prevention strategies. Most work has been done on strategies involving working with men, but evidence of effectiveness is mixed. Goodmark notes methodological problems with programme evaluations and emphasises the importance of viewing men as complex subjects rather than one-dimensional perpetrators, if programmes are to achieve behavioural change. On the individual and relational level, Goodmark discusses preventing adverse childhood experiences, interventions with adolescents, and ‘edutainment’ strategies such as The Archers’ domestic abuse storyline. Discussion of population-level interventions is concentrated on restricting access to alcohol and firearms. Despite acknowledging the challenges of a public health approach, Goodmark convincingly identifies opportunities it creates, such as redirecting resources from punitive measures towards harm reduction.
Research on victims’ justice goals shows that prevention, rehabilitation and offender accountability are more important to victims than punishment and incarceration. Goodmark uses this to argue in favour of approaching IPV as a community problem (Chapter 4), requiring community-level solutions. Two core ideas underpin community-based responses: that developing relationships deters violence, and that with support, communities can successfully intervene. Goodmark envisions community-based justice as part of a ‘menu of options’, available to help victims achieve their multifaceted justice goals and provide those who will not engage with the CJS with alternative community-based responses (p. 83). Community accountability puts transformative justice principles into action, but can be difficult to conceptualize. Goodmark helpfully provides concrete examples to illustrate the importance of a victim-centred approach rooted in achieving accountability as defined by the victim and prioritising victim safety. Restorative justice (RJ) provides another option for delivering justice outside the CJS. Goodmark provides a useful outline of the concept and how it might be applied to IPV, summarising the theoretical debate surrounding the use of RJ for IPV and advocating for data to evaluate these theories. Goodmark acknowledges the complications of incorporating community responses into a balanced policy approach, accepting that such responses will not always be appropriate. However, including these options provides alternative pathways to justice for those wary of the CJS.
Chapter 5 argues that applying international human rights norms within the U.S. will expand protections for victims of IPV. Goodmark provides a useful history of the emergence of human rights norms focused on IPV and violence against women, outlining relevant international and regional agreements. While the federal U.S. government is yet to ratify these international conventions, some U.S. cities and states have already enacted legislation which mirrors them, and human rights language is employed in U.S. litigation, legislation and investigations for IPV. The human rights frame creates a positive responsibility to protect citizens; Goodmark illustrates this with international examples, also noting the limits of this responsibility. Applying international human rights norms within the U.S. would require the U.S. to adopt the concept of ‘due diligence’, necessitating expansion of the current U.S. focus on prosecution and punishment to a broader obligation that also prevents and protects against IPV and provides redress for victims. The human rights framework also encourages an intersectional understanding of IPV, engages communities in dialogue via human rights tribunals, and requires policymakers to respond to the root causes of violence.
It is difficult to argue with Goodmark’s call for a more balanced policy approach. The U.S. would do well to reduce its reliance on the CJS and to increase the spectrum of options available to respond to IPV. However, Goodmark ultimately remains restricted by the CJS framework, acknowledging that serious repeat offenders should be prosecuted and incarcerated. Goodmark’s biggest contribution to the IPV literature is her call for a victim-focused approach, which runs through each of the alternative lenses she describes. This is not a new idea; indeed, Goodmark advocates a return to ‘feminist first principles’ of consciousness-raising, using victims’ voices to guide lobbying efforts (p. 154). Concentrating on victims’ needs and desires requires policymakers to understand the complexity of IPV and the multifaceted and intersecting identities of those who are affected by it. Additionally, a focus on victimisation requires the acknowledgement that perpetrators of IPV may also have been victimised. Critically evaluating the victim/offender binary is essential if we are to move beyond a solely reactive strategy and incorporate prevention. Whilst the book focuses on the U.S., readers from other jurisdictions will also find much of interest within it. Decriminalising Domestic Violence should be considered essential reading for anyone with an interest in legal and policy responses to IPV or gendered violence more broadly.