Domestic Violence (S) |
JD 829 (A1)
|
R 2:10-4:10
|
3 credits, Fall
|
Judge Whitman
|
|
| |
|
|
|
|
| Domestic violence is a pervasive social problem that until recently has gone largely unrecognized if not tacitly accepted by society and the legal system. Over the past twenty years, statutes have been adopted in every state addressing the prevention and punishment of family violence and recent federal legislation has also addressed issues of domestic violence. A body of case law has developed which has contributed to a more sophisticated understanding of the problems and issues and reflects a recognition that the impact of domestic violence extends beyond the criminal law and domestic relations law. The seminar will proceed on the theory that an understanding of the nature of domestic violence is important and useful for any lawyer in numerous ways in his or her personal and professional life whether as a litigator in the area of domestic violence or domestic relations or in seemingly unrelated areas, when dealing with the issue within a law office or within a client's business and in the classic role of the lawyer as a community leader. |
| |
| The seminar will deal with the substantive law as well as the historic acceptance of violence within the family unit. We will consider the control and power nature of the battered, the victim and how to empower her, treatment and/or punishment of the batterers, the impact on children of abuse of their caretakers and violence directed at children. The Quincy Massachusetts District Court has been the scene of a widely recognized and successful collaboration between the court, the prosecutor's office and other agencies in an integrated response to domestic violence. The Quincy model will be examined. |
| |
| There will be research assignments during the semester and each student will study a jurisdiction, prepare a short paper dealing with the domestic violence prevention statute of the selected jurisdiction and serve as the seminar's resource person for that jurisdiction so that, as a group, we may have the benefit of a national survey of the issues discussed and examine various statutory approaches. |
| |
| Requirements are active participation of each student, the relatively short research paper, and a substantial final paper in lieu of a final exam. The grade will be based on the short paper (10%), class participation (30%) and the final paper (60%). |
| |
| LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. |
| |
| A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment. |
| |
