Aya Gruber - The Feminist War on Crime: The Unexpected Role of Womens Liberation in Mass Incarceration

When I embarked on this project in 2014, I had been writing on feminism and criminal law for well over a decade. I had authored numerous law review articles on discrete topics of gender violence, and I thought I might put those articles together as a critical reader of sorts. For years, subjects like mandatory arrest and affirmative consent were familiar academic territory, and I had long managed and marshaled arguments on them. As I started writing, it became increasingly clear that my past scholarship on feminist criminal law reform offered pieces of a puzzle, but after so many years and thousands of pages written, I was not yet able to fit them together as a complete picture. Or to invoke another analogy, the feminist war on crime was like a Seurat painting, and I had too few points and stood too close to them. It dawned on me that to see the big picture I had to go back to the origins of my own torn feelings about being a feminist and an incarceration critic and interrogate why I harbored certain beliefs, made certain presumptions, and had certain intuitions. The book became less about rehashing things I had already said and more about using my unease at particular feminist arguments, policies, and discourses as a starting point and sleuthing to fill in the blanks. Each time I tracked down a history, legal argument, or personal tale a fuller picture emerged. By the end, I was able to step back, address my torn feelings, and feel confident that the picture I have and the stances I take are not reactionary or instinctive but products of long reflection and exhaustive (exhausting) research.

So how do I thank everyone who contributed to a project a lifetime in the making? Let me start at the very beginning and thank Samuel (Shark Doc) Gruber, my father. He was a visionary in his field of shark behavior and biology and was never afraid to break the rules or challenge the orthodoxies. He instilled in me the desire to pursue knowledge and justice, fight against the odds, and stand by my beliefs in the face of powerful opposition. He was so proud of me and looked forward to reading the book, but he passed away in April 2019 just as I was finalizing the manuscript. Dad wasnt perfecthe was often bellicose and quick-temperedbut his life-affirming presence filled an enormous space in the world, and I miss him every day. I also cannot overstate the influence of my mother, Marie Hirata Gruber, who spent her childhood years in a Japanese internment camp at Heart Mountain, Wyoming. Her past gave me personal insights on the harms of government detention and carceral policies that trade on images of dangerous enemies and inscrutable foreigners. Her present continues to give my sister Meegan and me faith in just how strong women arehow they can survive poverty, horrific racism, and adversity and live fully in the moment, while never forgetting the past.

Before leaving the past, I also want to express my gratitude to the law professors and public defender mentors who set me on this path of discovery. During law school, the professors who guided me in developing the ideas that decades later became this book included Duncan Kennedy, Elizabeth Schneider, Alan Dershowitz, and the incomparable Charles Ogletree. Duncan Kennedy, in particular, played an outsized role in the development of my scholarly identity, and I cannot thank him enough. A number of mentors at the D.C. Public Defender Service shaped my thinking on law enforcement and incarceration, including James Forman Jr., Rudy Acree, Tamar Meekins, and Ron Sullivan. I also thank my supervisor at the Federal Public Defender in Miami, Mary Barzee.

Numerous colleagues selflessly devoted time to helping me develop and refine the ideas in this book, including Aziza Ahmed, Kim Bailey, Kathy Baker, Bennett Capers, Amy Cohen, Donna Coker, Erin Collins, Frank Rudy Cooper, Justin Desautels-Stein, Karen Engle, Joe Fischel, Jacob Gersen, Cynthia Godsoe, Lakshman Guruswamy, Sharon Jacobs, Kate Mogulescu, Karen Pita Loor, Alice Ristroph, Carol Steiker, Deb Tuerkheimer, and Corey Yung. I owe a special debt of gratitude to Janet Halley, whose examinations of gender and law and open, searching, and honest approach to unspeakable topics long inspired me. While writing the book, I was fortunate enough to have her direct scholarly, and emotional, support. I benefited enormously from presenting a chapter of the book at one of her inimitable salons. Jeannie Suk Gersen also greatly influenced my analysis and moved me to reach out to a broader audience. She gave me invaluable encouragement, especially at the end of the project. Paul Butler was an early and enthusiastic supporter of the project and provided me with astute advice on book publishing. Jorge Esquirol has, for fifteen years, been my mentor in all things academic. I would not be the scholar I am today without his steady presence in my life.

I am especially appreciative of the colleagues who took the time to read the entire manuscript. Leigh Goodmark was a wonderful resource throughout, and I am happy we have been in mutual conversation for years. Jennifer Hendricks endured my seemingly endless queries about the nature of feminism, what it means to be a feminist, and the like. Ben Levin gave me vital feedback on earlier drafts, and his insights figured prominently in a major reorganization. Ahmed White spent countless hours reading drafts and engaging me in meaningful discussions of their contents. I am glad to be just two doors down from his office.

This book received substantial support from the University of Colorado Law Schools former dean Phil Weiser and current dean Jim Anaya. It was financially supported by several law school summer stipends and a Gilbert Goldstein grant for a half-semester leave. This book was also my sabbatical project in spring 2018. The book would never have come to fruition without the tireless work of the library staff and faculty. In particular, Jane Thompson was an amazing ally and provided incomparable help. Many faculty administrative liaisons had a hand in this project, and Wei-Joan Udden and Kelly Ilseng assisted in proofing. I thank Kelly for being such a dependable, competent, and congenial administrative liaison as I wrote the book. I also profited from the input of my law school colleagues, especially those who attended the 2018 faculty-staff colloquium where I presented the Introduction.