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Selected Works

1996

Articles 1 - 13 of 13

Full-Text Articles in Law

3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler Aug 1996

3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler

Thomas D. Lyon

It is hard to overstate the importance of expert testimony in American courtrooms. Much of this testimony concerns scientific matters that are beyond the ken of ordinary experience.  In cases where scientific matters play a central role, jurors may give substantial weight to expert testimony or even treat it as dispositive.  Standards pertaining to the admissibility of scientific testimony are critical to the outcome in many trials.

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1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon Jul 1996

1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon

Thomas D. Lyon

McGough's goal is to summarize the developmental psychological research relevant to children's capacities as witnesses and to make recommendations for how the courts should receive children's testimony. In her review, she concludes that children under the age of 12 are deficient: They encode less detail, they fantasize more, they confuse fantasy with reality, they incorporate script based knowledge into their memory, and they are suggestible, both because they acquiesce to authority and because their memory is susceptible to external influence.

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3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon Jul 1996

3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon

Thomas D. Lyon

Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).

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The Tattered Net Of Mercy, Maurya Vijay Chandra May 1996

The Tattered Net Of Mercy, Maurya Vijay Chandra

Maurya Vijay Chandra

Chotu narrated his tale. On the fateful day he had to go back to his home town and so he got his due salary (about Rs. 500/-) from his em­ ployer. Unfortunately he lost it. Though quite ri­ diculously, but perhaps out of his innocence he asked for the same amount from his employers, promising that he would work for them in return when he came back from home. As a sensible businessman. the employer refused. On the same evening Chotu tried to steal a piggy - bank from his employer's residence.

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2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon Apr 1996

2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon

Thomas D. Lyon

With all of the attention paid to children's performances as witnesses once on the stand, their ability to qualify to take the stand has been relatively neglected. Most courts require that in order to testify, a witness must first take the oath. In its most simple form, an oath is a promise to tell the truth. Taking the oath presupposes that one understands what it means to tell the truth, and that one appreciates one’s obligation to tell the truth when promising to do so. If a young child does not understand the difference between the truth and lies, or …

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Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson Jan 1996

Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson

David B Kopel

Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.

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The Fourth Revolution, Robert C. Power Jan 1996

The Fourth Revolution, Robert C. Power

Robert C Power

No abstract provided.

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The Futile Fifth Step: Compulsory Disclosure Of Confidential Communications Among Alcoholics Anonymous Members, Thomas J. Reed Jan 1996

The Futile Fifth Step: Compulsory Disclosure Of Confidential Communications Among Alcoholics Anonymous Members, Thomas J. Reed

Thomas J Reed

No abstract provided.

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A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan Dec 1995

A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court’S Evolving Standard Of Decency For The Death Penalty, Susan Raeker-Jordan

Susan Raeker-Jordan

In recent Eighth Amendment decisions applying the Cruel and Unusual Punishment Clause to substantive challenges to the death penalty, a plurality of the United States Supreme Court has favored employing only the "evolving standards of decency" test of constitutionality, purportedly because it is an objective measurement of cruelty and unusualness. The Article will show, however, that contrary to the assertions of some Court members, the indicia for ascertaining the evolving standard of decency are far from objective. Rather, the evidence gleaned from he "objective indicia" of legislative enactments and jury sentencing behavior can be and has been rigged to favor …

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New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm Dec 1995

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

James W. Diehm

More than thirty years have passed since the United States Supreme Court made these observations in the landmark case of Mapp v. Ohio." The Court, no doubt, thought it was putting an end to the wrenching problems that developed since it laid the groundwork for the exclusionary rule in Boyd v. United States in 1886. Although the merits of the exclusionary rule have been debated for many years and will be debated for years to come, the advent of the exclusionary rule raised important issues of federalism that were not resolved easily.

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2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory Dec 1995

2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory

Thomas D. Lyon

Determining whether a young child's injuries are due to physical abuse is often extremely difficult. Frequently, the child is nonverbal, and there are no witnesses other than the caretakers that are suspected of abuse. Expert medical opinion is often necessary to diagnose abuse. However, the process by which physicians diagnose physical abuse is something of a mystery to many attorneys, even to those who routinely handle such cases. The medical literature is often impenetrable to those without special training, leading attorneys to defer to expert opinion without fully understanding the basis for such opinion. This is unfortunate. Without understanding the …

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Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee Dec 1995

Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Although medical examinations and samples taken from suspects' bodies in the course of police inquiries often lead to the discovery of important evidence, Singapore criminal procedure does not appear to empower the police to carry out such medical investigations. Neither does it safeguard the interests of suspects. It is submitted that the Criminal Procedure Code and other statutes should be brought up to date with modern science.

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George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins Dec 1995

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins

Ira P. Robbins

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

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