Domestic violence organizations across the country have celebrated the recent reauthorization of the Violence Against Women Act (VAWA).  This new legislation is more powerful than the older version, because it both expands and creates new federal programs that help victims of sexual and domestic violence.  VAWA is responsible for establishing the National Domestic Violence Hotline, and for providing much needed funding to essential services programs for victims of sexual and domestic violence.

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South Asian women in the United States experience sexual and domestic violence at rates that are far higher than the national average. In a study conducted in the Greater Boston area, 160 married South Asian women were surveyed, and more than 40 percent reported being physically or sexually assaulted by their male partner in their lifetime. This compares to a national rate of 22 to 25 percent. Of those South Asian women reporting experiencing domestic violence, some 65 percent reported also experiencing sexual violence.

Manavi was established in 1985 as the country’s first organization to specifically address the needs of South Asian women victims of domestic violence. It is a New Jersey-based organization and its programs involve providing direct services to survivors of domestic violence, grassroots organizing within the South Asian community, and advocacy. Its name, Manavi, means “primal women” in the Sanskrit language. It is a secular organization and provides services to all women.

The following is an interview with (unsure of name) of Manavi on her thoughts and feelings about the recent reauthorization of VAWA, and the work of her organization in the realm of domestic violence.

In your opinion, what does the recent passage of the Violence Against Women Act (VAWA) signify for the women's rights movement?

The re-authorization of the Violence against Women Act (VAWA) was a triumph for all organizations that focus on ending violence against women such as Manavi.  VAWA goes some way in making a difference in one of the areas of women’s rights: violence against women that undermines her right to live safely and gain autonomy.

This iteration of the Act makes it possible for community based organizations as well as other state and governmental agencies to continue to provide critical and life-saving services to women affected by various forms of cruelty: such as domestic violence, sexual assault, trafficking, stalking etc. through the various streams of funding.   Manavi has been part of the grassroots movements that led to VAWA in 1994, working closely with many allies to obtain and collate information, draft portions of the initial legislation, and rally the necessary forces for passage of the Act.  Each and every reauthorization has been significant for the community we represent for creating access and benefits for women who would have had no other way to obtain safety and make a different life for themselves and their children.  Many of the immigration provisions, access to housing and public benefits, the Full Faith and Credit Provisions, LEP (Limited English Proficiency), provisions for LBGT (Lesbian, Bi-sexual, Gay and Transgender),  and funding enable Manavi to continue to work with women as well as allies in the state and the nation.

VAWA has also enabled Manavi to work closely with other South Asian Women’s organizations (SAWO’s).  Manavi hosts a biennial conference where members from all the SAWO’s gather to exchange ideas, debate critical issues, challenge each other and forge new pathways to working with many marginalized women within our communities.

For 29 years now, Manavi has worked towards empowerment, liberation and justice for South Asian women.  The passage of this iteration of VAWA recognizes the efforts of community based organizations to challenge norms and ideas that perpetuate the subjugation of women.  

Do you believe the new version of VAWA goes far enough to protect women against domestic violence?

In the evolution of VAWA, each iteration has provided more and more benefits for women in immigrant communities such as South Asian to overcome barriers.  These have included reaching out to law enforcement, accessing the courts for safety, obtaining immigration relief, and obtaining housing and public benefits.  Each of the iterations has also revealed what works and what does not work and where the work is for the future.   Many of the women who approach Manavi have been able to use the immigration provisions.  Some of the added provisions are helpful for many women who are undocumented such as protections for fiancées was an important advancement.    However, many of the women who are on H dependent visas are unable to forge an independent path.  While some use the U visa provisions, nevertheless, we still have to figure out what other avenues exist.

Additionally, many of the provisions for sexual assault and campus programs are essential in our communities.  Sexual violence remains a taboo subject in South Asian communities.  Along with the current events in many of the South Asian countries, there is impetus to raise the issue of sexual violence as evidenced by the many vigils and activities around the issue in our communities.  VAWA will allow us to do much work in the community on this issue, especially among the youth and those on college campuses.  

What are some of the unique circumstances of South Asian domestic violence victims?

There are several unique challenges faced by South Asian women, who are victims of violence.  

Language plays a big part in the lives of South Asian women.  It is a challenge for women when they attempt to access services or law enforcement, or the courts if they do not speak or understand English.  Interpreters for some of the languages and dialects are not readily available leading to many missed opportunities.   Unbiased professional interpreters in some of the languages are hard to come by and there is very little accountability.

Cultural reality is another challenge faced by South Asian women. Many women fear the repercussion of speaking out about the violence or attaining a restraining order or divorce within the community and their families.  There is a strong social stigma around a broken marriage and sexual violence, and for women to reach out for support and take a stand, is very difficult. Many in the systems and institutions may not understand the reluctance or the recantations and brokering cultural exchange is an important service provided by Manavi so that other players can understand where the women are coming from and the reluctance that shapes specific behaviors.

Immigration status is also a challenge for South Asian women. Many women are on a visa status dependant on their spouse. Many of these visas have restrictions such as not being able to drive, work, or have a social security card. This isolates them in many ways and also forces them to be subject to their spouse’s control and abuse.  For the women who have children born in the US, the option to leave the marriage is not an easy one because of custody concerns.  Understanding the provisions of the laws in the US vs. the South Asian laws and its impact on families and relationships is critical for women to make decisions that are empowering in the end.

What has your organization been able to achieve in terms of advancing the cause of South Asian domestic violence victims?

On a day to day basis, Manavi provides several options for the women who call us. We provide peer-supportive counseling that is language specific, culturally specific and recognize that women may have newly emigrated from South Asia may be unaware of their rights. We are able to walk them through their rights and the risks of all the possible options available so that they can make decisions that are best suited to their circumstances.   We also hold support groups and provide a safe space for women to talk about what they have been through and gain emotional support from their peers.

Manavi provides a safe home called Ashiana, which is in an undisclosed location, where women can get their bearings and make informed decisions about their lives. Manavi provides free legal clinics, legal referrals, and court accompaniments to help the women feel supported throughout the difficult process of using the legal system.

Through our outreach and education program, we raise awareness about the various forms of violence against women in our communities and provide information and resources.  We work closely with our allies in the domestic and sexual violence movements and provide trainings to them as well as law enforcement and court staff on how to better work with South Asian women.

Manavi has been at the forefront of the movement to end violence against women as the first South Asian women’s organization founded in 1985.  Working and challenging our allies locally and nationally we have provided innovative ideas and cutting edge work in our 29 years.  This has been helped by our continued involvement with many of our sister organizations in South Asia.

Do you believe the South Asian community in the United States has come a long way since the initial passage of VAWA in 1994?

We do believe that since the initial passage of VAWA, the South Asian community has made remarkable progress.  Even in the early years, many of the community members supported our work since we never wanted funding to dictate what needed to be done in the community.  Many segment of the community struggled with us and many did not. But clearly a lot still needs to be done. Violence against women is still a big issue in the South Asian community and although people are more open to talking about it, there are still many barriers that women face. Some of the newer provisions on sexual violence and campus grants will help us move into new areas of work with the support of our communities.

If you are in a domestic violence situation, please contact Manavi for help. For more information on domestic violence, please visit the Domestic Violence Page. 

Greenwich, CT—Legal analyst, author and criminal defense attorney Mickey Sherman says that one of the biggest challenges facing criminal defendants today is a matter of public perception.

“The public view is that everyone must be guilty if they got arrested,” Sherman told laws.com in a recent interview.  “Also, we now have the 'CSI factor.'  All these crime solving or forensic investigation television shows affect the public perception of what crime is, though that probably hurts the prosecutors more than the defendants.”

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Sherman is no stranger to television himself.  In fact, a case in which he was defense counsel was the first trial to be broadcast in its entirety on then-fledgling Court TV.  He has provided commentary over the years for high profile trial coverage, including the O.J. Simpson trial, and worked with CBS's Early Show as a legal analyst for four years.

Commentary, Sherman explains, is an art—and not one that all attorneys are naturals at.  “You'd be surprised at how many intelligent lawyers are not good commentators, or get insulted when Nancy Grace cuts them off,” he says.  “It's just part of the show.  Another problem I have noticed is that when some attorneys get in front of the camera, they can't contain a thought or an answer in the short time they are given.  Just because you are great in court does not mean you're great for TV.”

His secret to television success?  “Although I take my job as a legal analyst seriously, I don't take being in front of the cameras too seriously.”

Over the years, Sherman has defended a number of controversial clients.  Those cases led to him hearing the same question so often that he decided to write a book using it as the title: “How Could You Defend Those People?”  He says: “I could be walking in a Dunkin' Donuts, or attend an exclusive cocktail party, and people always asked me, 'Hey, Mr. Sherman, how could you defend those people?'  I could be giving a speech at a prestigious legal organization or just walk down the street and people always ask me that question.  The book is more like a backstage pass to the criminal justice system and my career.”

Sherman's career as an attorney led his son Mark to pursue a career in law as well.  When advising him, Sherman says his advice was to “spend more time listening to clients, and never pre-judge anyone.  We are not in the business of judging people.  Both sides sometimes want to win so much that they cut corners.  My best advice would be not to cut corners.”

Today, Sherman is running his own firm in Connecticut, and says that when deciding whether to take a case to trial, “Each case is different.  You listen to your client and learn the facts.”

Not all attorneys are willing to take cases to the courtroom, says Sherman, which often stems less from the case itself and more from an attorney's insecurities.  “So many lawyers don't want to or are afraid to go to trial.  They are afraid of the unknown.  To me, the spontaneity is one of the best parts of being a criminal defense lawyer—an adrenaline rush occurs when I am in the courtroom.”

New York, NY—For Todd Spodek, the seeds of a successful career in law were sown during childhood.  “As a child working for my father’s law firm,” Spodek recalled in a recent interview with laws.com, “I was intrigued by the courts and the criminal trial process.  I knew early on that I wanted to try criminal cases.”

Instead of jumping right into private criminal defense, though, Spodek decided to start out on the other side of the justice system.  “I wanted a more well-rounded background in the criminal justice process, so I majored in criminal justice in college, and after college worked at a large law firm doing investigations and prepping mutli-defendant cases for trial. I focused my time at law school on trial practice and once I graduated – on trying and winning as many jury trials as I could.”

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Spodek says that his first “big” case came when he represented a woman who had been charged with assault in Brooklyn.  “This woman was bullied every day by a local gang,” he explains.  “One day she was attacked, and she fought back, causing devastating injuries to the aggressors  We made the case for self defense, which is an affirmative defense, at trial—and obtained a full acquittal.”

The case taught Spodek that “in order to win trials, you need to outwork everyone else.  You need to understand the facts and circumstances of the case from your client’s point of view.”

Changes in technology have meant significant changes to the types of evidence that are brought in at trials, and Spodek says that people involved in criminal cases need to be aware of these changes.  “I think that both criminal defendants and criminal defense attorneys need to realize that more and more social media and cellular phone triangulation evidence is being introduced at trial and used to obtain convictions,” he says.  “Defense attorneys need to understand how social media networks work, how IP addresses work, and how different cell phone technology works.”

This understanding can make a big difference to how a case turns out, in Spodek’s experience.  In one recent murder trial, he says, “the District Attorney attempted to place my client at certain locations both before the crime and after.  On cross examination, I was able to successfully show that cell sites are inherently unreliable.  Even if your cell phone is pinging off a certain tower, it doesn’t mean you were in an exact location.” Spodek’s client was acquitted of murder.

Deciding whether to go to trial or not can be a tricky proposition for any criminal defense attorney, and Spodek says that he considers a long list of factors before deciding whether to accept a plea deal.  “Trial is all about exposure,” he explains.  “If you go down at trial, what is your exposure?  How does that compare to a potential deal?  Do I think we can win?  Do I think we can win on the top counts?  Can you get probation, or is it mandatory jail or prison time?  Can there be consecutive or concurrent time?”

Only after considering all these factors does Spodek decide how to advise his clients.  As for how he picks those clients, he says that those choices are much more simple: “I look for cases that I think I can win—big or small.”

For attorneys interested in criminal defense, Spodek has a key piece of advice.  “Be a straight shooter with clients, district attorneys, and judges,” he says.  “People will respect you for it, and your reputation is worth protecting.”

Todd Spodek

New York, NY—After defending clients from criminal allegations in many high profile cases, 45 year old Joseph Tacopina says that it takes a combination of factors to make a successful criminal defense attorney.  “My formula to success is passion and hard work.  You have to work incredibly hard, and for me it took many years to even work into becoming a defense attorney.  I often spent days and nights putting myself into networking situations.”

In order to become a defense attorney who would know how to try cases, and with no connections to any attorneys, Tacopina—now described as the “Rocky Balboa of criminal defense law”—first became a prosecutor with the Brooklyn District Attorney's office.  When he opened up his own criminal defense practice, he knew he'd have to attract clients somehow, even in one of the most competitive markets in the country.

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“One way I decided to make a name for myself was to represent police officers who were charged for various crimes, for a very minimal fee, these were cases the public focused on,” Tacopina told laws.com in a recent interview.  “Knowing that these cases would be watched very carefully, I had enough confidence in myself to know that if I did my job well, some sense of recognition would evolve.”

Being a criminal defense attorney has meant defending some notorious defendants who've received extensive press coverage—most recently, the “rape cops” who were accused of raping a woman while on duty.  These high profile cases bring their own challenges to the practice of law, according to Tacopina.  Although this case brought its challenges, Tacopina won an acquittal for his clients on the most serious charges of rape and burglary.

“When someone takes on a high profiled case, you are fighting two battles.  One inside the courtroom, and the other outside,” he says.  “You have to make sure you balance the playing field as much as possible, because people are quick to jump to conclusions.”

Tacopina says that he has no interest in practicing other types of law.  “When I was first starting out as a lawyer, people kept telling me to work for a big corporate firm because according to them, that is where an  attorney like myself would be successful in.  But that wasn't what I was interested in—I would rather be working at a bar or coffee shop in Rome instead of working for a big corporate law firm.”

Still, the 21^st century has brought new challenges for defense lawyers across the United States.  “The internet has been used as a tool for those involved in the trial to do their own research, which is prohibited and wrong because you don't know if you are getting the correct information,” says Tacopina.  

While in some high profile cases, juries are sequestered, sequestration is relatively uncommon, and jurors who go home can do things they shouldn't, according to Tacopina.  “As a defense attorney, all I can do is hope that the jurors follow the regulations, but unfortunately there is a lot of information out there, and it is a challenge to monitor them.”

Joseph Tacopina has been recognized for his hard work by the most prestigious publications of the country. The New York Times wrote  "Mr. Tacopina is to defense bar what Donald Trump is to real estate." The Wall Street Journal ranked him among a group of top criminal defense lawyers.  But despite having achieved numerous honors and recognitions he says he doesn't need to be in the spotlight to be worth giving it his all.  “When I work on a case, it automatically becomes my most important case, because I have that person's life in my hands.  If you don't take a case seriously, then you aren't going to be successful and you really shouldn't be doing this.  This is not to be taken lightly.  If an attorney only starts focusing on cases that are high profile, then they are really failing in their obligations.”

Today, Joseph Tacopina is senior partner at The Law Offices of Tacopina Seigel & Turano, P.C. based out of midtown Manhattan that focuses on criminal defense, civil, and securities litigation.  His civil practice has succeeded in numerous personal injury, commercial and employment litigation cases.  To learn more about Joseph Tacopina and his practice please visit www.tacopinalaw.com. 

New York, NY—While some people only realize they want to be part of the criminal law world once they're already in law school, trial has been in defense attorney Matthew Galluzzo's blood for much longer.

“I can remember as a fifth grader organizing a criminal trial for a classmate who had committed some perceived infraction on the playground,” he told laws.com in a recent interview.  “I assumed the role of prosecutor, grabbed a witness, and drafted a couple other kids to be the judge and the defense attorney.”

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Galluzzo's first foray into the world of criminal law didn't work out: “Unfortunately, my trial lasted about two minutes before the other kids got confused and distracted and ran off.  But I think back to that vivid memory and laugh—maybe I was born to be a criminal lawyer?  To be sure, I always loved the drama of the courtroom.”

After holding a job at the Manhattan District Attorney's office after graduation, Galluzzo started his own firm with a partner.  “My first 'big case' was my first trial as a defense attorney,” he explains.  “I was representing a man accused of robbery, and his criminal record was so significant that he was facing a potential life sentence on conviction.”

Instead of serving life, the man served just two years—“My client wept tears of joy, and I felt a unique combination of joy, relief, and exhaustion.  It was my first trial as a defense attorney, but it still remains one of the real highlights of my professional career.”  He and the client remain friends to this day, corresponding with letters and having lunch together from time to time.

Today, criminal defendants face a major challenge due to the underfunding of public defense attorneys, according to Galluzzo.  “Their work is undervalued and their agencies are simply underfunded,” he says.  “To me, the criminal justice system would be much more fair if we hired more qualified public defenders and paid them better.”

Galluzzo offers a unique piece of advice for would-be criminal defense attorneys.  “I speak and write French fluently, and it has proven to be an enormous advantage to me in terms of winning clients,” he says.  “I think foreign language skills are seriously underappreciated in this business, and I highly recommend that anyone interested in becoming a criminal defense attorney either develop skills in a second language or improve upon existing ones.”

In his firm, Galluzzo says that he chooses to represent clients based on more than just the bottom line.  “Though I can't afford to only represent people who can't pay reasonable retainers, I'd honestly rather represent a reliable and level headed client without much money than defend an obnoxious and irrational client with a lot of money.”

When trying to decide whether to go to trial, Galluzzo says that it's his opinion that innocent people should never take a plea deal, regardless of the circumstances.  “Otherwise, I think it can be a good idea to go to trial if the defendant has a reasonable chance of winning, or if the defendant does not have too much to lose.”

The secret of happy attorneys, according to Galluzzo, is getting great partners.  The two other attorneys at Galluzzo's firm, he says, “give me tremendous confidence in our work.  We really enjoy each other's company, and I consider themselves to be my brothers at this point.  Also, we bring different skills and perspectives to the table, and that gives our firm an unusual amount of flexibility and versatility.  I feel very fortunate to be part of such a great team, and I know that I would not be as happy or as successful as a solo practitioner.”

Matthew Galluzzo is an aggressive and accomplished litigator who cares deeply about his clients. He has experience representing high-profile clients in high-stakes matters and gets outstanding results under pressure. His clients often rave about him and routinely refer their friends and loved ones to him. He specializes primarily in criminal defense, appeals, civil rights, and civil litigation. To learn more about this reputable New York Criminal Defense Attorney and his practice.

Galluzzo & Johnson LLP is located in the historic Bank of New York Building at 48 Wall Street in the heart of the financial district in downtown Manhattan.  To learn more about him, visit www.gjllp.com/

Waukesha, WI—Anthony Cotton first realized that he wanted to become a criminal defense attorney while working thousands of miles from home.

“It happened when I was working in East Africa investigating war crimes,” he told laws.com in a recent interview.  I realized how powerful the state could be when prosecuting someone for a crime.  In the United States, there is more of an impact when the government is prosecuting someone for a crime.”

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Cotton says that criminal defense is in his blood: “Both my mother and stepfather practice criminal law.  I grew up witnessing how injustice could happen and how innocent people can be prosecuted.  I practice criminal law for the right reasons, to defend those wrongly accused of a crime.”

Defendants in the United States, according to Cotton, face major obstacles that are largely economic and financial in nature.  “Their biggest challenge is to make sure there is sufficient funding available to hire a defense attorney,” he says.  “Today, there is a lack of funding at the state and federal level to provide those accused of a crime with a proper defense.  This causes defendants to face delays in their cases.”

Starting out as a criminal defense attorney isn't easy, says Cotton.  “Any law student who wants to practice criminal law has to be prepared to work 100 hours a week.  Be prepared to have a very limited social life during the formative years of your practice.  In the beginning, you're earning a very small amount of money and working long hours.  Sometimes you have to go see clients in jail and be available 24 hours a day.  Crime doesn't take a break!”

Justice matters to Cotton, who says that he'll sometimes reduce his fees significantly for clients accused of disorderly conduct.  “I take a lot of cases for people who are charged with disorderly conduct because of things they may have said.  To me, it's wrong to charge someone based on the content of their speech, because they are entitled to exercise their right to freedom of speech.”

To Cotton, the most rewarding experience as a criminal defense attorney is successfully getting an acquittal, especially for a high profile case.  “Just recently,” he says, “I resolved a case that lasted 3 years, for a man who was falsely accused of animal abuse and sexual assault.  We were able to clear him of all charges, with no criminal conviction.  It was extremely rewarding, because my client was unfairly prosecuted based on weak evidence.”

The vast majority of cases today end with plea deals, not trials, and Cotton understands why.  “Nine times out of ten, the prosecution has more resources than the defense,” he says.  “Lack of financial resources can be another reason why a defendant may choose to accept a plea deal.”

Additionally, according to Cotton, some defendants simply feel overwhelmed by the charges.  “Today, there are myriad crimes a prosecutor can charge someone with—and it makes it extremely risky to go to trial.  Defendants feel hopeless at times.”

However, Cotton says that this is all the more reason to make sure that if someone is charged with a crime, they find the right lawyer: “The best attorneys I know,” he says, “do not believe there is a hopeless case.”

Boston, MA—After struggling through his first year of law school, criminal defense attorney David Yannetti remembers questioning whether he wanted to be a lawyer at all.  In his second year, however, everything changed—leading to a career in which he'd end up being named one of America's best lawyers by U.S. News and World Report.

“I entered and won my school's mock trial competition,” he explained in a recent interview with laws.com.  “I became enamored with the action of the courtroom.  I was then accepted for a summer intern position at the district attorney's office and tried cases there as a student.  I knew then that criminal law was my future.”

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During his first ten years in the courtroom, Yannetti practiced as a prosecutor—a role he says has prepared him for the many years he's spent as a criminal defense attorney since.  During one prominent early case in his prosecuting days, he recalls, “I received approval to hire forensic experts, to purchase elaborate chalks for courtroom demonstrations, and to travel from Boston to California to interview potential witnesses.  I was limited only by my own creativity and imagination.”

This, he says, should impart a lesson to criminal defense attorneys: “The state has a lot of resources to put into these prosecutions, so we have to work doubly hard to defend cases.”

Yannetti has defended a number of high-profile cases, including some broadcast live on Court TV and New England Cable News.  He has also appeared as a legal analyst on major news networks including CNN and Fox News, and says that his proudest moment as an attorney was overturning a conviction of a mentally handicapped man who had been wrongfully convicted and imprisoned for 16 years.  “The case was sent back for a retrial.  I then achieved a 'not guilty' verdict, and my client went home to his mother,” Yannetti recalls.  “There aren't too many professions in which you can make that much of a difference in someone else's life.”

The last 13 years have changed the criminal defense world significantly, according to Yannetti.  “The internet, smartphones, and instant access to information have hindered our quest to enforce the presumption of innocence in the courtroom,” he explains.  “Jurors are not supposed to do any independent research on the cases they are deciding, but I am firmly convinced that the temptation is too great.”

Yannetti told laws.com that attorneys who are getting started out in the criminal defense profession should not be afraid to take risks.  “Do not shy away from trials or evidentiary motion hearings,” he cautions.  “We all make mistakes when we're cutting our teeth as trial lawyers.  The upside to our mistakes is that they usually turn out to be our most effective learning tool.  The biggest rookie mistake to avoid is being trial-shy—you cannot be afraid to fail!”

While many attorneys encourage clients to take a plea bargain or go to trial, Yannetti says that it's important for lawyers to disclose and listen, rather than pushing their clients into one choice or the other.  “The decision about whether to take a case to trial or to take a plea deal is the client's—and the client's alone,” he says.  “A defense lawyer's job is to properly advise his client of the possible risks and rewards of a trial, and to present the plea options to the client.”

New York, NY—As one of the best defense attorneys in New York City, Glenn A. Garber doesn't just take cases that will win him accolades.  Instead, he often finds himself representing people accused of high-profile, shocking crimes.

“In the early 90s, I represented a Japanese national named Yu Kikamura who was convicted of attempting one of the first terrorist acts on American soil,” Garber told laws.com in a recent interview.  “My work focused on a post-conviction attack, which included a claim supported by a Department of Justice study that the FBI had fabricated evidence against my client.”

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The case, he says, taught him an important lesson.  “I learned that the criminal justice system has a high tolerance for government misconduct when the criminal defendant is unpopular or accused of a heinous crime.”  Garber also represented Mahmoud Abouhalima, the man convicted of the first World Trade Center attack in 1993.

Garber got his start working for the Legal Aid Society after law school graduation.  “I took great pride in helping indigent criminal defendants seek justice in a hostile environment that only pays lip service to the constitutional rights of the accused,” he says.  “I never looked back.  Whether my clients are indigent or not, I believe there is no greater calling than championing the rights of the accused.”

Today, to continue his work with indigent defendants, Garber runs a not for profit organization called the Exoneration Initiative.  The Exoneration Initiative has been responsible for freeing innocent people from prison who had been accused of crimes like murder and rape.

While DNA evidence is often used to exonerate prisoners, Garber believes that many more innocent people are behind bars who have no such evidence to rely on.  “Even though DNA exists in less than 10 percent of criminal cases,” he says, “it is difficult for courts to accept non-DNA claims of innocence, especially in the post-conviction setting.”

What courts should do, according to Garber, is “apply the lessons from the DNA exonerations to the non-DNA cases.  This starts with a cultural change—a willingness to take a second look at cases on the merits, instead of summarily casting them aside on procedural grounds.”  This is critical to people convicted of offenses, who generally can only appeal their convictions if there was a procedural error at trial, rather than when new exculpatory evidence comes to light.

The Exoneration Initiative has taken on major government players when trying to exonerate wrongly convicted people, including the NYPD.  “We recently won an Article 78 proceeding against the police department in a complex FOIL litigation,” Garber says.  “The case involves suppressed exculpatory evidence that can free a man who has been incarcerated for 18 years for a murder we believe he did not commit.  NYPD is appealing, and we are still fighting for release of the evidence.”

Garber currently divides his time between his private practice and the pro bono work of the Exoneration Initiative.  While defending some of society's least-loved people can be a difficult and demanding job, Garber says there's nothing he'd rather do.  “Justice is the exception, not the rule—and it is only achieved if you fight for it.” To learn more about Glenn Garber and his practice please visit: https://www.glenngarber.com/

The Violence Against Women Act has been reauthorized and signed into law, signifying a huge step forward for victims of sexual and domestic violence all over the United States. The Violence Against Women Act provides funding for the training of over 500,000 prosecutors, judges and law enforcement officers annually so that they are better able to respond to the victims of sexual and domestic violence.  In addition to re-establishing the older provisions pertaining to intimate partner violence, it provides newly established legal protections for Native American women.

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The importance of the new provisions for Native American women in the new VAWA cannot be overstated. Native American women suffer the highest rate of sexual and domestic violence of any racial group in the country. They are the victims of sexual assault or rape at a rate that is double that of any other group. It is estimated that Native American women suffer violent crime at a rate three and half times higher than the national average. This problem was compounded by the fact that, before the new provisions in VAWA, confusion about tribal and federal jurisdiction meant that the courts and police tended to ignore domestic violence cases that involved Native Americans, and what was worst, was the fact that when the perpetrator was not Native American yet committed the crime on a reservation, the tribal courts did not have the power to prosecute him. 80 percent of  violence experienced by Native American women was committed by a non-Native.

Mending the Sacred Hoop started with a Native American women’s support and advocacy group for the survivors of domestic violence founded in the 1980s in Duluth, Minnesota. It initially began as a Native program under the Domestic Abuse Intervention Programs, but became an independent Native owned and operated non-profit organization in 2006. It works both locally in Minnesota and provides valuable technical assistance and training to Native American communities nationally.

The following is an interview with Holly Oden of Mending the Sacred Hoop on her opinion regarding the recent reauthorization of VAWA and the historic provisions it includes for Native American women, and the work of her organization in the realm of domestic violence.

In your opinion, what does the recent passage of the Violence Against Women Act (VAWA) signify for the women's rights movement?

The recent passage of the VAWA can be viewed as a statement on the status of women in this country in that intimate partner violence, dating violence, sexual assault and stalking are predominantly crimes against women. Nationally, over 85% of domestic assault victims are women (Bureau of Justice Statistics Crime Data Brief, Intimate Partner Violence: 1993); almost one-third of female homicide victims were killed by an intimate partner (Federal Bureau of Investigation, Uniform Crime Reports: 2001) – for Native American/Alaska Native women this statistic is 31%; 1 in 6 women report that they have experienced sexual assault (for Native American/Alaska Native women the rate is 1 in 3), as opposed to 1 in 33 men nationwide. The recent passage of the VAWA recognizes the gendered nature of the violence – women in this country are victimized because they are women.

With the newly added provisions for Native American Women, do you believe VAWA goes far enough to protect Native American women against domestic violence?

Prior to the passage of the Act (through, primarily, Supreme Court decisions), tribes had no authority to criminally prosecute non-Native offenders who committed crimes within the tribe's jurisdiction. Essentially, if a non-Native man committed domestic assault against his Native wife, girlfriend, significant other, the tribe had no criminal authority to charge, prosecute (and in many cases even arrest and hold) the non-Native person committing the criminal act within the tribe's jurisdiction. Keep in mind that a high number of non-Native people live in tribal communities (upwards of 85% in some communities) and also, that for Native women nationally, the rates of assault are 3 times higher than for women of other races. Additionally, the majority of those committing crimes against Native women are of another race (over 80% of violence experienced by Native Americans is committed by persons not of the same race – American Indians and Crime Report & Homicide: U.S. Department of Justice, Bureau of Crime Statistics: 1999). This year, in signing the VAWA reauthorization with the Tribal provisions intact, Congress has essentially "fixed" tribal jurisdiction over the crime of domestic assault. The VAWA still needs to be funded in order to implement certain of its provisions. This is of particular importance regarding tribal authority to criminally prosecute domestic assaults, as many tribes, particularly in Public Law 280 states, do not have tribal criminal courts. The VAWA will make funding available to develop tribal courts with the ability to prosecute these crimes.

What are some of the unique obstacles and challenges facing Native American domestic violence victims?

In common with non-Native victims of domestic violence, Native victims of such violence face obstacles and challenges to safety that are particular to the community in which they live and are victimized. For example, if the community is rural, isolated, small and strongly inter-connected, this can be a great barrier to the victim in seeking cessation of the violence and safety for herself and her children. If the community has no response or a poor response to domestic assault this directly impacts her ability to report. If there are no services in place (shelter, for instance) her safety is severely compromised. If she must seek safety by leaving her community, she is impacted on many levels: loss of supportive family members and friends, loss of housing, children uprooted from their friends, school, and activities, and she also faces economic impacts.

Some barriers specific to Native American/Alaska Native women who are being battered in Tribal communities may include: 1) Jurisdictional issues – where the crime takes place: is it reservation land, trust land, is the reservation a checkerboard reservation? Additionally, who responds to the crime is still based upon an assessment of the race of the victim and the race of the offender; 2) Lack of infrastructure: Tribal communities are the poorest communities in the U.S. – the lack of response is directly due to lack of resources for response; 3) Isolation – in some Native villages in Alaska (very remote, very isolated), state troopers can take up to three days to arrive.

In urban communities, racism is a factor both in the violence perpetrated against Native women as well as the criminal justice response to the victimization. For instance, if a Native woman calls to report a domestic assault, and is “known” to the responding officers, she is more likely to be seen as the offender (even if her husband, boyfriend, significant other has a history of domestic assault); Native women are more likely to be seen as violent. Additionally, Native women are the most victimized by sexual assault (and they also are more likely to report); however, the rate of prosecution of sexual assault of Native women is very low (non-existent in some urban communities) and can be traced back to stereotypes about Native women – that they are alcoholics, for example – and “victim-credibility” – because she is a Native woman, she is not a credible victim.

The history of colonization and the generational trauma experienced by many Native people (forced removal of both children and communities – boarding schools, removal to reservations, to name two), as well as multiple victimizations over a lifetime create great barriers to Native women seeking safety from intimate partner violence. This history also has created a well-placed distrust of systems and an unwillingness to report to systems (the removal of children, forced sterilization) – Native women currently have their children removed and placed in foster care at very high rates – repeating the historical trauma of their grandparents and parents being forced into boarding schools.

What has your organization been able to achieve in terms of advancing the cause of Native American domestic violence victims?

Mending the Sacred Hoop works to keep the voices of Native women survivors fully heard in the work to address violence against women. We began our criminal justice intervention efforts locally in 1993, working to change the way the criminal justice system and service providers in northern Minnesota responded to Native women experiencing domestic violence. We have worked nationally with tribes across the nation since 1995, when the newly created Office on Violence Against Women (OVW) approached us to provide training and technical assistance to Office on Violence tribal grantees working to address violence against women in their communities.  In 2006, MSH started a state-wide organizing effort through the Sacred Hoop Domestic Violence Coalition, keeping the voices of Native women at the forefront of the work to address domestic violence. We have also worked over the years to educate our own Duluth, MN community on violence against Native women issues, provide mentoring for batterer intervention program group facilitators, and have conducted Safety and Accountability Audits of the institutional response to Native women who have experienced domestic violence or sexual assault in order to change/enhance the response.

Mending the Sacred Hoop has worked to organize community responses to violence against women to ensure that Native women have equal access to safety and services. We work from a grass-roots level, utilizing the strengths of community in confronting and challenging myths and stereotypes that are a significant factor in the response of systems to violence against Native women.

The initial passage of VAWA did help many domestic violence victims, but it is safe to say that, for the most part, Native American domestic violence victims living on reservations have been left out of that progress because of legal loopholes. With the newly added provisions, are you optimistic about the future for Native American domestic violence victims?

I am optimistic about the future of our Nations to end violence against women and to restore the sacred status of women. Violence against women is not a part of our culture; this violence is a by-product of colonization efforts that diminished the status of Native women and children. The use of violence to maintain power while defining women and children as property created a framework for the domestic violence and sexual assault that occurs in our communities today. In other words, violence against women was a forced import; it came from outside the community, the tribe, and is directly antithetical to tribal life ways and values. The majority of tribes hold beliefs around the status of women: that women are sacred, and to harm a woman is to harm the community. In the context of this belief system, violence against women such as domestic and sexual assault are therefore particularly unthinkable acts. It is within our ability to reclaim these teachings, values and life ways and to end violence against Native women.

I am also optimistic because Native women were organizing to address violence against women for many years prior to the passage of the Violence Against Women Act (VAWA) of 1994; organizing efforts by Native women spearheaded addressing domestic violence as a social issue, rather than just a relationship issue. The passage of the first VAWA provided funding that supported these efforts and allowed for tribal program capacity building in providing services; however, organizing efforts and services to victims in tribal communities preceded the passage of the Act, and the Tribal provisions in the current VAWA that restore Tribes’ ability to criminally prosecute the criminal act of domestic assault are in place because of the organizing efforts of Native women.

For more information on Mending the Sacred Hoop and violence against Native Women, please visit their page. You can learn more by visiting the Domestic Violence Page.

Interviewed with Holly Oden of Mending the Sacred Hoop, Duluth, Minnesota

On February 28, the House of Representative passed the Violence Against Women Act (VAWA) by a vote of 286 to 136. VAWA was then signed into law on March 7, marking a huge step forward for victims of domestic violence all over the country. This new legislation, which was initially drafted by then Senator Joe Biden in 1994 and enacted the same year, is more powerful because it both expands and creates federal programs that help victims of domestic violence.

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Domestic violence is an issue among all racial and ethnic groups in the United States. Statistically, Asian and Pacific Islander women experience lower rates of sexual and domestic violence than women of other racial groups. However, this may not truly reflect reality, as this may actually be due to underreporting by Asian and Pacific Islander women experiencing domestic violence. One national study found  that 12.8 percent of Asian and Pacific Islander women experienced physical assault at least once in their lifetime. However, community-based studies of Asian women, estimate a lifetime prevalence rate of 41%-61%. The Project AWARE (Asian Women Advocating Respect and Empowerment)  study on types of domestic violence found that more than 81 percent of a representative sample of Asian women experienced some form of intimate partner violence in the past year, be that psychological or physical.

The Asian & Pacific Islander Institute on Domestic Violence (API Institute) is a national resource center that deals with domestic violence within the Asian and Pacific Islander communities. It works to eliminate violence against women in these communities through research, policy advocacy and technical assistance and training.

The following is an interview with Chic Dabby, Director of the API Institute, in which she shares her views on the recent reauthorization of VAWA, and the work of the API Institute to combat domestic violence.

In your opinion, what does the recent passage of the Violence Against Women Act (VAWA) signify for the women's rights movement?

The women’s movement has successfully focused public and governmental attention on issues affecting and abrogating women’s rights – and, domestic violence is one of them.  The first bill to address domestic violence, the Family Violence Prevention Services Act (FVPSA) was authorized in 1984 and continues to be the federal government’s only funding source directly dedicated to domestic violence shelters and services.  A full decade later, the Violence Against Women Act was first passed in 1994; and both bills have been reauthorized subsequently.  Such landmark legislation translates into federal and state support to prevent violence against women and other victims, and provide services for them, and are having an impact.  As Vice President Biden (who, as Senator, authored VAWA in 1994) reminds us, domestic violence has gone down 60% between 1993 and 2010.  The recent passage of VAWA signifies eventual bipartisan support for the bill’s new and vital protections for immigrant women, tribal women and the LGBTQ community – crafted by advocates and championed by both parties.  The national mobilization this took reflects the strategic advantages of a unified women’s rights movement that represents the interests of multiple identity groups and communities.             

Do you believe the new version of VAWA goes far enough to protect women against domestic violence?

Legislative remedies generally develop in response to identified trends and issues.  For example, VAWA, expanded from protections for the crime of domestic violence to include sexual assault, stalking and dating violence because the data indicated that these were significant national trends.  In the new version of VAWA, among many important provisions, three were critical – jurisdictional issues for Native women, unequivocal inclusion for LGBTQ individuals, and expanded protections for immigrant women. At the end of the day, legislative protection can only go so far; changing cultures and communities that devalue and oppress women is what prevents domestic violence.

What are some of the unique obstacles and challenges facing Asian domestic violence victims in the United States?

Trends like transnational abandonment, threats of deportation, forced marriage, and custody battles that deny battered mothers custody and even access to their children pose unique obstacles/challenges to Asian women.  In addition, their immigration status is used by batterers as one of the tactics of domestic violence and coercive control – this includes documented women who fall out of status because their abusers do not take steps to regularize it; or the difficulty of implementing protections for Asian women with an H-4 dependent visa who become domestic violence victims. Inadequate language access, anti-immigrant  policies, gender bias in family court, and racism pose system barriers.

What has your organization been able to achieve in terms of advancing the cause of Asian domestic violence victims?

The achievements of the Asian & Pacific Islander Institute on Domestic Violence include: [1] Increasing the provision of culturally relevant, trauma-informed services through training and technical assistance, in community-based-organizations and systems to address the unique dynamics and trends of domestic violence in Asian homes, through training and technical assistance. [2] Influencing systems change through research on critical issues such as domestic violence related homicides affecting Asian women and children to shape homicide prevention policies. [3] Addressing the unmet needs of sub-groups within a large, heterogeneous Asian population by working with national partners and community experts to develop materials such as the Islamic Marriage Contracts: A Resource Guide for Legal Professionals, Advocates, Imams & Communities. [4] Promoting language access for domestic and sexual violence victims with limited English proficiency.  [5] Collaborating with multiple federal agencies to address violence against Asian women and girls by recommending interventions and policies on unique trends and issues that affect Asian victims of domestic violence, sexual assault, trafficking and other forms of gender-based violence.

Do you believe the Asian American community has come a long way since the initial passage of VAWA in 1994?

Yes. In fact, a core group of mostly Asian advocates and attorneys in the San Francisco Bay Area crafted the immigrant battered women’s provisions in that first bill – evidence of Asian American leadership that has continued throughout subsequent reauthorizations.  Domestic violence continues to be a central focus of activism in Asian communities – women and men have organized to counter the extent and depth of the problem, evidenced by approximately 120 programs in the country designed by Asian advocates.  Cultural change in all communities will be a perpetual mission: Asian community-based-organizations are attempting to integrate the principles of gender equality into all types of projects, on the principle that domestic violence or gender parity is not just a women’s issue, only located in women’s programs.  The pathways to divesting from gender violence and investing in gender democracy are daunting but Asian victims/survivors, activists and advocates continue to build and strengthen them.

If you or someone you know is in a domestic violence situation, please contact the API Institute for help. To learn more about domestic violence, please visit the Domestic Violence Page.

Interviewed by Chic Dabby of the Asian & Pacific Islander Institute on Domestic Violence, San Francisco, California