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Articles 1 - 8 of 8
Full-Text Articles in Criminal Law
State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon
State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon
Maine Law Review
Darrell Thurston and Suzanne Harmon were romantically involved on an intermittent basis for five years and had one child together. As a result of an altercation that took place at Harmon’s home in Sullivan, Maine, on September 27, 2007, between Thurston and Harmon, Thurston was charged with assault, criminal mischief, and obstructing report of crime or injury. The testimony during the trial illuminated the major factual differences between Thurston’s and Harmon’s accounts of the night the incident took place. Thurston requested a self defense jury instruction based on his version of what had happened, which the trial court ultimately denied. …
Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin
Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin
All Faculty Scholarship
Since the Supreme Court sanctioned the introduction of victim impact evidence in the sentencing phase of capital cases in Payne v. Tennessee, 501 U.S. 808 (1991), there have been a number of reported decisions in which that evidence has taken the form of videos composed of home-produced still photographs and moving images of the victim. Most of these videos were first shown at funerals or memorial services and contain music appropriate for such occasions. This article considers the probative value of victim impact videos and responds to the call of Justice John Paul Stevens, made in a statement regarding the …
An Argument For Original Intent: Restoring Rule 801(D)(1)(A) To Protect Domestic Violence Victims In A Post-Crawford World, Andrew King-Ries
An Argument For Original Intent: Restoring Rule 801(D)(1)(A) To Protect Domestic Violence Victims In A Post-Crawford World, Andrew King-Ries
Pace Law Review
No abstract provided.
9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic
9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic
Thomas D. Lyon
True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries
True To Character: Honoring The Intellectual Foundations Of The Character Evidence Rule In Domestic Violence Prosecutions, Andrew King-Ries
Faculty Law Review Articles
This article calls for a new character evidence rule allowing the admission of prior acts of abuse within the context of a current domestic violence prosecution. Section II discusses the history of domestic violence in America and explores the three ways that the law has condoned domestic violence, including implicit sanction through the effect of the character evidence rule. Section III examines the intellectual background of the character evidence ban. This section also explores the conflict between the character evidence rule and the law's recognition of domestic violence. Further, Section III demonstrates how the character evidence ban violates its underlying …
Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken
Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken
All Faculty Scholarship
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …
The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch
The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.