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Full-Text Articles in Evidence

The Trial Court’S Gatekeeper Role Under Frye, Daubert And Kumho: A Special Look At Children's Cases, John Eric Smithburn Nov 2013

The Trial Court’S Gatekeeper Role Under Frye, Daubert And Kumho: A Special Look At Children's Cases, John Eric Smithburn

J. Eric Smithburn

No abstract provided.


31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon Sep 2013

31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Little is known about how the dynamics of sexual abuse and disclosure are discussed in criminal court. We examined how attorneys ask child witnesses in sexual abuse cases (N #1; 72, 6–16 years of age) about their prior conversations, both with suspects and with disclosure recipients. Prosecutors’ questions were more open-ended than defense attorneys, but most questions asked by either attorney were yes/no questions, and children tended to provide unelaborated responses. Prosecutors were more inclined to ask about children’s prior conversations with suspects than defense attorneys, but focused on the immediate abuse rather than on grooming behavior or attempts to …


Testifying Minors: Pre-Trial Strategies To Reduce Anxiety In Child Witnesses, Dawn Hathaway Thoman Sep 2013

Testifying Minors: Pre-Trial Strategies To Reduce Anxiety In Child Witnesses, Dawn Hathaway Thoman

Nevada Law Journal

No abstract provided.


30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon Aug 2013

30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon

Thomas D. Lyon

This study examined the effects of rapport (emotional, National Institute of Child Health and Human Development [NICHD]) and prompt type (what-next, cued-action, cued-emotion, what-think) on one hundred forty-two 4-9-year-old maltreated children's spontaneous and prompted emotional language.  Children in the emotional-rapport condition narrated the last time they felt good and the last time they felt bad on the playground. Children in the NICHD-rapport condition narrated their last birthday party and what happened yesterday. Following rapport, all children were presented a series of story stems about positive and negative situations. Emotional-rapport minimally affected children’s use of emotional language. Cued-emotion prompts were most …


Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote Jan 2013

Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote

Pepperdine Law Review

No abstract provided.


Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers Jan 2013

Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers

Pepperdine Law Review

No abstract provided.


To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone Jan 2013

To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone

Faculty Scholarship

No abstract provided.