In 2019, New York State passed the Domestic Violence Survivors Justice Act (DVSJA), the first law in the country that allows reduced sentencing, both prospectively and retroactively, for survivors of domestic violence where abuse contributed to the underlying offense. The law’s passage was the culmination of over a decade of organizing by currently and formerly incarcerated women. It is an innovative reform that holds promise for other second-look legislation.
Yet, a good law is only as good as its implementation. Advocacy does not stop at a law’s passage, particularly when its mandate is unfunded and faces significant backlash. Over the last few years, two clinics located in very different parts of New York—the University at Buffalo School of Law and Brooklyn Law School—collaborated to coordinate the DVSJA’s implementation along with critical movement partners. The two clinics have represented many people seeking resentencing in counties across the state.
The clinics have attempted to address the practical obstacles to implementation, including large geographic disparities in resources and the complex interplay of gender, class, and race. The clinics have also been strategic in taking cases that present particular challenges, e.g.: serious offenses; non-abuser victims; or cases where stereotypes against, e.g. sexuality- or gender-nonconforming individuals or male victims of abuse, can make opposition to resentencing particularly difficult to overcome. Finally, the clinics have endeavored to implement a holistic representation practice, incorporating social work assistance and reentry planning into resentencing work.
Session participants will learn about the New York effort and leave with concrete takeaways about how to develop similar initiatives; screen a large number of potential applicants; collect data; fundraise; incorporate social work expertise; and construct intentional, authentic partnerships while maintaining a pedagogical focus. The session will draw parallels to the local opportunities available for clinicians seeking innovative decarceration work.