Introducing the Construct of the Jury into Family Violence Proceedings and Family Court Jurisprudence

37 Pages Posted: 10 Feb 2009 Last revised: 1 Nov 2009

Melissa L. Breger

Albany Law School

Date Written: 2006

Abstract

This Article proposes that litigants in family violence proceedings have an option of a jury trial in limited circumstances. Drawing upon procedural justice research, I conclude that a jury option in the fact-finding stage of civil order of protection cases and child abuse and neglect cases will enhance litigants' sense of justice and faith in the court system. In turn, providing a jury option in such proceedings may increase compliance with orders, and ultimately, permanency and stability for families and children.

Keywords: jury, family, domestic violence, child abuse, family violence, family court, procedural justice

JEL Classification: K42, K41, K10, K19, K39

Suggested Citation

Breger, Melissa L., Introducing the Construct of the Jury into Family Violence Proceedings and Family Court Jurisprudence (2006). Michigan Journal of Gender & Law, Vol. 13, No. 1, 2006. Available at SSRN: https://ssrn.com/abstract=1339983

Melissa L. Breger (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518-445-2311 (Phone)

Paper statistics

Downloads
157
Rank
154,126
Abstract Views
767