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Full-Text Articles in Law
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Montana Law Review
Hendershott is a welcome reaffirmation of Montana’s stand against domestic violence: domestic violence is a public matter requiring serious judicial attention. Without a systematic screening method, however, courts are ill-equipped to disqualify cases for mediation. Montana needs a method that not only diagnoses for domestic violence, but also distinguishes among different types as many, if not most, cases would benefit from mediation. An absolute bar is not the solution. What is required is a broad-based outreach and educational effort that would support what I suspect mediators across the state are already doing: tailoring mediation to address the needs of domestic …
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Faculty Law Review Articles
In Hendershott v. Westphal, the Montana Supreme Court held that § 40-4-301(2) of the Montana Code Annotated absolutely bars mediation in family law cases involving domestic violence. Yet neither the Court nor the statute prescribes a method by which to screen for such cases. In this article, the author argues that a uniform, statewide screening method is the only way by which to implement this policy. The author also argues that Hendershott should be interpreted narrowly and Montana should allow parties to opt in to mediation and other forms of alternative dispute resolution. The Court's understanding of domestic violence …
The Hendershott Ruling: When Mediation Runs Into Domestic Violence, Eduardo R.C. Capulong
The Hendershott Ruling: When Mediation Runs Into Domestic Violence, Eduardo R.C. Capulong
Faculty Journal Articles & Other Writings
This article examines the Montana Supreme Court's decision in Hendershott v. Westphal, a case of first impression in which the Court held that MCA 40-4-301(2) bars district courts in family law proceedings "from authorizing or continuing mediation of any kind where there is a reason to suspect emotional, physical, or sexual abuse."
Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries
Crawford V. Washington: The End Of Victimless Prosecution?, Andrew King-Ries
Faculty Law Review Articles
Domestic violence offenses are difficult to prosecute because the batterer's actions often make the victim unavailable to testify. Since the mid- 1990s, prosecutors have pursued "victimless" prosecutions' to combat the problem.2 Victimless prosecutions seek to introduce reliable evidence without the victim's in-court testimony, often to maintain the victim's safety or to avoid re-victimizing the victim.3 The victimless prosecution is based largely on the admission of hearsay statements that a victim makes to 911 operators, police officers, doctors, nurses, paramedics, and social workers.4 Victimless prosecution has been a highly successful tool in society's efforts to eradicate domestic violence and it is …