Far too often, the criminal justice system overlooks the complex realities of trauma faced by women who become entangled in the law. Many are not hardened criminals but survivors of lifelong abuse—physical, emotional, and psychological. In New Jersey, the push to pass the Survivors Justice Act (SJA) seeks to bring crucial reform to how courts treat such cases. Led by advocacy organizations like the New Jersey Reentry Corporation, this bill recognizes the nuanced circumstances behind many women’s actions and argues for sentencing that accounts for prior victimization.
One of the core issues the SJA addresses is the lack of empathy and understanding afforded to survivors of domestic violence who commit crimes. Presently, New Jersey law offers limited recourse for courts to lessen sentences based on a defendant’s history of abuse. The SJA would allow judges to consider abuse as a mitigating factor, with the potential to significantly reduce prison time for survivors who acted under duress or psychological trauma. This isn’t about excusing criminal behavior—it’s about cultivating a justice system that sees the whole person and their story.
The data surrounding incarcerated women paints a disturbing picture. National studies have shown that a high percentage—some estimates suggest over 90%—of women in prison have experienced domestic or sexual violence before incarceration. Ignoring this reality strips survivors of their humanity and perpetuates cycles of trauma. The SJA represents a compassionate and evidence-based approach, seeking rehabilitation rather than excessive punishment for women whose criminal behavior is often directly linked to the abuse they endured.
Opponents may argue that sentencing guidelines exist to deliver equal justice, but equality without context often leads to disparity. The push for uniformity must not override the need for individualized justice. Survivors often react to threats with desperate measures, at times making them criminally liable. The justice system should not exacerbate their suffering by imposing draconian sentences that disregard their lived experiences. The Survivors Justice Act is a means of restoring fairness and acknowledging the profound impact of trauma on human behavior.
Ultimately, passing the Survivors Justice Act is not just a legislative necessity—it’s a moral imperative. If New Jersey aspires to have a humane and effective justice system, it must start by listening to the voices of survivors and creating space for healing rather than further punishment. True justice recognizes pain and fosters redemption. The SJA is a step toward a system that doesn’t merely process people, but understands and supports them in their journey forward.