Litigating Lives and Gender Inequality: Public Defenders, Policy Implementation, and Domestic Violence Sentencing

Abstract

ABSTRACT In this article, we show that domestic violence public policies are implemented inconsistently across states under federalism. Using original survey data of public defenders across 16 states, with data on domestic violence laws, we demonstrate that there are differing policies and implementation practices regarding domestic violence cases depending on where they are adjudicated. State level domestic violence laws, such as mandatory arrest and firearm access restrictions, combined with structural elements of the judicial system, and public defender personal characteristics, exert significant influence in determining the outcomes of domestic violence cases. Overall, our analysis shows that the lack of uniformity in the implementation of domestic violence policy creates inequality in the criminal justice system’s treatment of domestic violence and makes personal security for women contingent on where they live.