Second Chances Resource Library

This Essay will discuss the need for resentencing for incarcerated people who have experienced domestic violence and provide an assessment of the Domestic Violence Survivors Justice Act (“DVSJA”). Part I will  briefly discuss the need and reasoning for resentencing for incarcerated survivors of domestic violence. Part II will provide a brief overview of the legislative history and elements of the DVSJA. Part III will examine § 60.12(1)(a), a requirement of the DVSJA which states, “at the time of the instant offense, the defendant was a victim of domestic violence subjected to substantial physical, sexual or psychological abuse inflicted by a member of the same family or household as the defendant…” Although this Article will not exhaustively critique the DVSJA, § 60.12(1)(a) deserves discussion because it brings to light the many misunderstandings the legal system has about the nature of domestic violence. The central point of Part III is that courts should refuse to narrowly interpret § 60.12(1)(a) as requiring a temporal nexus between the abuse suffered and the instant offense. Instead, courts should embrace a liberal interpretation that focuses on the long-term effects of domestic violence and the impact of residual trauma on behavior. The text of the statute, legislative intent, statutory interpretation doctrine, and social science research support this progressive interpretation of § 60.12(1)(a).