“Fatal Peril” Reshapes Justice for IPV Victims
Study cited in landmark legal decision offers hope for abused women ensnared in the criminal justice system for circumstances beyond their control
The Supreme Court of California consists of the Chief Justice of California and six Associate Justices, each appointed or nominated by the Governor. (Photo from CA Supreme Court)
My Stanford colleagues’ and my report, "Fatal Peril: Unheard Stories from the IPV-to-Prison Pipeline,” played a crucial role in a landmark legal opinion that overturned the life without parole sentence for Brittney Collins, a woman who was unfairly convicted for the tragic death of her child at the hands of her abusive partner, under California’s failure-to-protect law.
The Supreme Court of California reviewed the case and held that the evidence was insufficient to convict Collins of second-degree murder. The court clarified that for implied malice murder based on a failure-to-protect theory, the evidence must show that the parent knew to a substantial degree of certainty that a life-endangering act was occurring or about to occur and failed to act in conscious disregard for life. The court found that Collins did not have the requisite mens rea to support a conviction under either a direct aider and abettor theory or a direct perpetrator theory. The court reversed the judgment of the Court of Appeal and remanded with instructions to vacate Collins’s conviction for second-degree murder and resentence her accordingly.
Justice Liu, in his concurrence for the California Supreme Court’s majority decision, cited "Fatal Peril" in questioning the reasonableness of the conclusions drawn by the jury and court regarding a parent's ability to protect their child under the duress of IPV.
The inclusion of "Fatal Peril" into legal contexts not only sets a precedent for future cases, but it highlights how rigorous research can be a call to action for a more informed and just legal evaluation of IPV cases.
Read the People v. Collins decision and the LA Times write up citing Dr. Cimino
"Fatal Peril" informed New Jersey’s Clemency Initiative
New Jersey Gov. Phil Murphy signs a pardon for Abdur Azam, left, on Monday, Dec. 16, 2024, at his statehouse office in Trenton. (AP photo/Mike Catalini)
In New Jersey, discussions about the “Fatal Peril” report with policy directors at the Governor’s Office shaped an extensive clemency review process resulting in the commutation of sentences for three women serving excessively long sentences for homicide related to IPV.
The process, established under Governor Murphy’s clemency initiative through Executive Order No. 362, created a Clemency Advisory Board – the first of its kind in state history – to provide recommendations on applications for pardons and commutations, including victims of domestic or sexual violence or sex trafficking.
The three New Jersey women, much like California’s Brittney Collins, were victims twice over—first of severe domestic violence and subsequently of a justice system that failed to recognize the nuances of their circumstances.
Read Governor Murphy’s Press Release and Kim Kardashian’s role in NJ’s criminal justice reform
Looking for a violence expert for your project?