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University of Maine School of Law

Journal

Domestic violence

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Full-Text Articles in Law

Who's Afraid Of Judicial Activism? Reconceptualizing A Traditional Paradigm In The Context Of Specialized Domestic Violence Court Programs, Jennifer L. Thompson Nov 2017

Who's Afraid Of Judicial Activism? Reconceptualizing A Traditional Paradigm In The Context Of Specialized Domestic Violence Court Programs, Jennifer L. Thompson

Maine Law Review

The Specialized Domestic Violence Pilot Project (Pilot Project), implemented in York and Portland in July and August 2002, is the result of the collaborative efforts of the District Court system, law enforcement, prosecutors, members of the defense bar, and various community agencies offering services to victims and perpetrators. District court judges are largely responsible for overseeing the changes in court procedures and implementing the new protocols in domestic violence cases. The Pilot Project, and the changes it is making to the role that courts play in domestic violence cases, represents a significant departure from the procedures followed by traditional court …


Opportunity Lost, Opportunity Found: A Proposal To Amend Maine's Rule Of Evidence 404 To Admit "Prior Acts" Evidence In Domestic Violence Prosecutions, Tina Heather Nadeau Oct 2017

Opportunity Lost, Opportunity Found: A Proposal To Amend Maine's Rule Of Evidence 404 To Admit "Prior Acts" Evidence In Domestic Violence Prosecutions, Tina Heather Nadeau

Maine Law Review

In 2008, thirty-one people were the victims of homicide in the state of Maine. Even more startling: nineteen of these homicides stemmed from domestic violence, possibly the largest number of domestic-violence-related killings in the state's history. This means that nearly 70 percent of Maine's homicides in 2008 were the result of domestic violence. Amendments made in 2007 (and implemented in February 2008) to Maine's Criminal Code have criminalized particular instances of domestic violence as “enhanced” crimes of violence. This allows prosecutors to consider “prior acts” of domestic abuse when deciding how to charge a criminal defendant accused of a domestic-violence-related …


State V. Thurston: An Examination Of Assualt, Self-Defense, And Trespass In Relation To Domestic Violence, Megan E. Magoon Oct 2017

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. …