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Selected Works

2002

Criminal Law

Articles 1 - 21 of 21

Full-Text Articles in Law

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon Oct 2002

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon

Thomas D. Lyon

State v. Sloan (1995 [Mo. Ct. App.]) was a criminal case of child sexual abuse. AD., the 6-year-old alleged victim, was dropped off on Friday by her mother at her grandmother's house, where the child's aunt Evelyn and the defendant also resided. Two days later, on Sunday, the child's aunt Anita phoned the child's mother and told her that something was wrong. AD. then told her mother that the defendant had sexually assaulted her the day before. The mother called the child abuse hot line. On Thursday, 5 days after the alleged abuse, a social worker and a police detective …

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6. Child Witnesses And The Oath., Thomas D. Lyon Aug 2002

6. Child Witnesses And The Oath., Thomas D. Lyon

Thomas D. Lyon

Despite the liberalization of competency requirements for child witnesses in many countries (Spencer & Flin, 1993; Youth Justice and Criminal Evidence Act, 1999, s. 53 [Engl.]), a substantial number of courts in the United States and other countries require that every witness take the oath or make some sort of affirmation that s/he will tell the truth (Federal Rules of Evidence 602,2001;Shrimpton, Oates, & Hayes, 1996).In order to guarantee that an oath or affirmation is understood by child witnesses, courts routinely inquire into children's understanding of the difference between the truth and lies and their obligation to tell the truth …

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A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder Aug 2002

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

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5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon May 2002

5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon

Thomas D. Lyon

Roland Summit's article on child sexual abuse accommodation (CSAA)(Summit, 1983) describes sexually abused children's secrecy, helplessness, entrapment, delayed disclosure, and retraction. The paper is both admired and maligned. On the one hand, it has been hailed as one of the most influential papers ever written on child abuse (Oates & Donnelly, 1997). On the other hand, testimony on accommodation is often dismissed as dangerous pseudoscience" by both commentators and the courts (Summit, 1992).

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Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder May 2002

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

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A Profile Of The District Attorney’S Office, East Baton Rouge, La, Beau James Brock Feb 2002

A Profile Of The District Attorney’S Office, East Baton Rouge, La, Beau James Brock

Beau James Brock

No other case taps the financial, logistical and human resources of the district attorney’s office like a capital one. In East Baton Rouge, families who are subjected to crimes such as these expect and deserve the fullest attention and the expenditure of responsible resources available within the district attorney’s office.

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The Current State Of Environmental Criminal Enforcement In Louisiana, An Insider’S View, Beau James Brock Feb 2002

The Current State Of Environmental Criminal Enforcement In Louisiana, An Insider’S View, Beau James Brock

Beau James Brock

The costs of committing environmental crimes are going up in Louisiana as increased enforcement by EPA-CID has been initiated with other federal and state partners.

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4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon Jan 2002

4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon

Thomas D. Lyon

What do we know about children's abilities to provide eyewitness testimony? Until recently, scientific data wee surprisingly sparse.  However, beginning in the mid-1980s, the study of child victims/witnesses grew at an astounding rate; now it is a worldwide endeavor. When Melton (1981) published one of the first modern reviews of psychological research on children's testimony, only one contemporary empirical study directly dressing children's eyewitness memory was cited. Today, entire books and journal issues are devoted to research on this topic (e.g., Ceci & Bruck, 1995; Dent & Flin, 1992; Goodman, 1984; Goodman & Bottoms, 1993; Perry & Wrightsman, 1991; Poole …

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Eldred V. Ashcroft And Why The U.S. Supreme Court Should Reject, Roger P. Foley Jan 2002

Eldred V. Ashcroft And Why The U.S. Supreme Court Should Reject, Roger P. Foley

Roger P. Foley

Among the most important issues facing the entertainment industry today is the scope and level of protections available to the industry for its works. Chief amongst those protections are the federal copyright laws. These laws are now under considerable scrutiny as the United States Supreme Court decides whether or not to strike down as unconstitutional a major extension of the terms of protection provided for in those laws. As will be discussed, it is by no means accepted truth that the extension of the term of protections of the copyright laws is beneficial for the entertainment industry or even for …

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Punishing The Factually Innocent: Dna, Habeas Corpus And Justice, Charles I. Lugosi Jan 2002

Punishing The Factually Innocent: Dna, Habeas Corpus And Justice, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

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Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd Jan 2002

Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd

Intisar A. Rabb

No abstract provided.

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Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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“The Relevance Of Prior Record In The Criminal Law: A Response To The Theory Of Professor Von Hirsch”, Darcy Macpherson Dec 2001

“The Relevance Of Prior Record In The Criminal Law: A Response To The Theory Of Professor Von Hirsch”, Darcy Macpherson

Darcy L MacPherson

No abstract provided.

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Equity And Efficiency In Markets For Ideas, Richard Adelstein Dec 2001

Equity And Efficiency In Markets For Ideas, Richard Adelstein

Richard Adelstein

Intellectual property and patent protection in light of the AIDS crisis in Africa.

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Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner Dec 2001

Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee Dec 2001

Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee

Randy Lee

No abstract provided.

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3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon Dec 2001

3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon

Thomas D. Lyon

When children are asked to describe what they have seen, heard, or experienced,they bring their limitations along with their capabilities to the task. Adults who rely on children's answers must come to grips with theimperfections and inadequacies, as well as the merits and utility, of children'sreports. Some research findings appear to condemn children's re...ports, others champion their competencies. One way to understand thisinconsistency is to align the studies along a continuum.

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5. Support Persons And The Child Witness., Thomas D. Lyon Dec 2001

5. Support Persons And The Child Witness., Thomas D. Lyon

Thomas D. Lyon

American trial courts often rule on motions that children testify in court accompanied by a support· person. Unfortunately, the potential impact of providing a child witness with a support person has not been thoroughly researched.

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6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon Dec 2001

6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon

Thomas D. Lyon

One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children’s testimony and the admissibility of children’s out-of-court statements. In psychology, experimental psychologists are amassing evidence of the potential unreliability of children’s memory reports. The trends intersect when courts assess the reliability of children’s statements in order to evaluate the competency of child witnesses, to decide whether to admit expert testimony about the suggestibility of children, and to decide whether to admit children’s hearsay.

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Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins Dec 2001

Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins

Ira P. Robbins

In 1968, Congress enacted the Federal Magistrates Act to enhance judicial efficiency in the federal courts. Since then, some judicial functions delegated to magistrate judges have been challenged on constitutional grounds: while federal district judges, appointed pursuant to Article III of the United States Constitution, are protected with life tenure and undiminishable salary, thereby enhancing judicial independence, federal magistrate judges, appointed pursuant to Article I, have no such protection. The most recent major challenge to magistrate judge authority came in 2001, when the United States Court of Appeals for the Fifth Circuit, in United States v. Johnston, decided that referral …

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Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins Dec 2001

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins

Ira P. Robbins

INTRODUCTION:

In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on …

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