Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Evidence
10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon
10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon
Thomas D. Lyon
“Testimonial” statements are inadmissible against criminal defendants under the Confrontation Clause unless the declarant was subject to cross-examination. Statements are testimonial if the primary purpose of the speaker and the interrogator was to create an out-of-court substitute for trial testimony. Ohio v. Clark (2015) considered whether a 3-year-old’s disclosure of abuse to his teacher is testimonial. This brief surveyed case law, statutory law, and psychological and criminological research in arguing that it is not. First, young children do not appreciate that their disclosures may be used at trial, because they do not fully understand the legal system. Furthermore, many children …
9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg
9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg
Thomas D. Lyon
The legal and psychological literature on children’s testimony in child sexual abuse cases has largely focused on whether children are allowed to testify, how children testify, and what happens after they do. Those concerned about false convictions have emphasized the benefits of mechanisms to exclude children’s testimony that is unreliable because of pre-trial influence or developmental immaturity1 and the utility of expert testimony on children’s suggestibility. Those concerned about false acquittals have argued for eliminating barriers to receiving children’s testimony, the benefits of setting up special devices (such as screens or closed-circuit television) for receiving testimony, and the utility of …
8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente
8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente
Thomas D. Lyon
After the Supreme Court’s ruling in Crawford v. Washington that a criminal defendant’s right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to testify. A review of social scientific evidence regarding the dynamics of child sexual abuse suggests a means for facilitating the fair receipt of children’s evidence. Courts should hold that defendants have forfeited their confrontation rights if they exploited a child’s vulnerabilities such that they could reasonably …
7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna
7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna
Thomas D. Lyon
In Crawford v. Washington and Davis v. Washington, the United States Supreme Court profoundly changed how hearsay statements are analyzed under the Confrontation Clause. If a hearsay statement is “testimonial,” then the statement cannot be admitted against a criminal defendant unless the defendant had the opportunity to cross-examine the hearsay declarant. Testimonial statements include many, if not most, statements to law enforcement, particularly if elicited through structured interviews and captured on tape. The full reach of the “testimonial” concept, however, has not been determined.
6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon
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.
5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon
5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon
Thomas D. Lyon
In Commonwealth v. Corbett, the defendant was charged with sexually assaulting a five-year-old child. As in most cases of sexual abuse, the child was the only witness to the abuse, and the prosecution viewed her testimony as essential. However, before the prosecutor could present the child's testimony to the jury, it was necessary to qualify her for the oath. Most courts require that child witnesses have some understanding of the difference between the truth and lies and the importance of telling the truth, and Massachusetts is no exception. A child who fails the qualifying questions is considered testimonially incompetent, and …
3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
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.
2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory
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 …
1. Sexual Exploitation Of Divorce Clients: The Lawyer's Prerogative, Thomas D. Lyon
1. Sexual Exploitation Of Divorce Clients: The Lawyer's Prerogative, Thomas D. Lyon
Thomas D. Lyon
Melvin Belli has suggested, relying on his own experience as an attorney, that sex between a lawyer and his client is the "lawyer's prerogative." This statement stresses the power imbalance implicit in many attorney-client relationships, and implies that sexuality is up to the lawyer as the more powerful member of the dyad. Belli's position is also characteristic of the unique perspective through which lawyers commonly view their practice. Many attorneys believe that as long as the lawyer performs adequately in the courtroom, his indiscriminate behavior in the bedroom does no wrong, nor, in technical terms, breaches any fiduciary duty.