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- Child abuse (21)
- Child neglect (15)
- Child psychology (13)
- Child witnesses (13)
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- A. Publications in Peer-reviewed Journals (10)
- Evidence (8)
- Child witness (7)
- B. Publications in Books (5)
- F. Short Pieces (4)
- Sentencing (3)
- Brain imaging (2)
- Criminal procedure (2)
- DNA (2)
- Daubert v. Merrell Dow Pharmaceuticals (2)
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- Memory (2)
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- Neurolaw (2)
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- & social neuroscience (1)
- AHT (1)
- Absence of statistics (1)
- Abuse disclosure (1)
- Abusive Head Trauma (1)
- Admissibility (1)
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- Thomas D. Lyon (20)
- All Faculty Scholarship (6)
- West Virginia Law Review (4)
- Scholarly Works (3)
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- Book Chapters (1)
- Dickinson Law Review (2017-Present) (1)
- Indiana Law Journal (1)
- Jane Campbell Moriarty (1)
- Law School Personal Reflections on COVID-19 (1)
- Medical College Documents (1)
- Pitzer Senior Theses (1)
- Publications (1)
- The Catholic Lawyer (1)
- Themis: Research Journal of Justice Studies and Forensic Science (1)
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Articles 1 - 30 of 45
Full-Text Articles in Evidence
Path To Publication: A Peer Mentorship Model For Student-Lead Surgical Research, Usama Waqar, Hareem Rauf, Muskaan Abdul Qadir, Hina Inam
Path To Publication: A Peer Mentorship Model For Student-Lead Surgical Research, Usama Waqar, Hareem Rauf, Muskaan Abdul Qadir, Hina Inam
Medical College Documents
Early and sustained involvement in research is imperative for medical students to ensure better career prospects in addition to provision of high-quality, evidence-based care to patients. However, involvement of students in surgical research still remains limited, owing to inadequate research training. The current paper was planned to describe the structure of the "Path to Publication" series, incorporating peer mentorship with capacity-building research workshops for medical students. A total of 25 students were grouped into 8 surgical subspecialty groups to conduct research, supervised by experienced student research and faculty mentors. In addition, a series of research workshops were organized in synchronization …
The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley
The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley
Dickinson Law Review (2017-Present)
The new scrutiny that has been applied to the forensic sciences since the emergence of DNA profiling as the gold standard three decades ago has identified numerous concerns about the absence of a solid scientific footing for most disciplines. This article examines one of the lesser-considered problems that afflicts virtually all of the pattern-matching (or “individualization”) disciplines (largely apart from DNA), and even undermines the validity of other forensic disciplines like forensic pathology and medical determinations about child abuse, particularly Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT). That problem is the absence or misuse of statistics. This article begins by applying …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Professor Jeffrey Bellin: Reflections On The Fall 2020 Semester, Jeffrey Bellin
Professor Jeffrey Bellin: Reflections On The Fall 2020 Semester, Jeffrey Bellin
Law School Personal Reflections on COVID-19
No abstract provided.
Neuroscience In Forensic Contexts: Ethical Concerns, Stephen J. Morse
Neuroscience In Forensic Contexts: Ethical Concerns, Stephen J. Morse
All Faculty Scholarship
This is a chapter in a volume, Ethics Challenges in Forensic Psychiatry and Psychology Practice, edited by Ezra E. H. Griffith, M.D. and to be published by Columbia University Press. The chapter addresses whether the use of new neuroscience techniques, especially non-invasive functional magnetic resonance imaging (fMRI) and the data from studies employing them raise new ethical issues for forensic psychiatrists and psychologists. The implicit thesis throughout is that if the legal questions, the limits of the new techniques and the relevance of neuroscience to law are properly understood, no new ethical issues are raised. A major ethical lapse …
Rules Of Evidence In Cases Involving Lack Of Discretion, Msgr. Joseph G. Goodwine
Rules Of Evidence In Cases Involving Lack Of Discretion, Msgr. Joseph G. Goodwine
The Catholic Lawyer
No abstract provided.
Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse
Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse
All Faculty Scholarship
This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the …
Decision Making And The Law: Truth Barriers, Jonathan J. Koehler, John B. Meixner Jr.
Decision Making And The Law: Truth Barriers, Jonathan J. Koehler, John B. Meixner Jr.
Scholarly Works
Reaching an accurate outcome is a central goal of the American trial. But structural features of the legal system, in combination with the cognitive shortcomings of legal actors, hinder the search for truth. Regarding the legal system, various rules and policies restrict decision makers’ access to evidence, violate the laws of probability, and limit the evidentiary concerns that may be considered on appeal. Regarding legal actors, informational deficits (particularly regarding scientific and statistical evidence) and cognitive biases of police investigators, witnesses (lay and expert), attorneys, judges, and jurors pose serious obstacles. We conclude by suggesting that research in judgment and …
The Use Of Criminal Profilers In The Prosecution Of Serial Killers, Chelsea Van Aken
The Use Of Criminal Profilers In The Prosecution Of Serial Killers, Chelsea Van Aken
Themis: Research Journal of Justice Studies and Forensic Science
The purpose of this paper is to analyze the concept of criminal profiling in terms of serial killers in the United States. The research provided in this paper was found using the most recent research available on the topic. The FBI’s Behavioral Unit, or National Center for the Analysis of Violent Crime (NCAVC), is the current leading law enforcement agency that investigates these types of crimes. They utilize definitions, typographies, and motives to create a criminal profile to investigate serial killings. Ultimately, these profiles are inadequate because they are inconclusive and exclude multiple suspects that are potentially dangerous. Therefore, criminal …
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
All Faculty Scholarship
Neuroprediction is the use of structural or functional brain or nervous system variables to make any type of prediction, including medical prognoses and behavioral forecasts, such as an indicator of future dangerous behavior. This commentary will focus on behavioral predictions, but the analysis applies to any context. The general thesis is that using neurovariables for prediction is a new technology, but that it raises no new ethical issues, at least for now. Only if neuroscience achieves the ability to “read” mental content will genuinely new ethical issues be raised, but that is not possible at present.
39. Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia N. Stolzenberg, Kang Lee, Thomas D. Lyon
39. Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia N. Stolzenberg, Kang Lee, Thomas D. Lyon
Thomas D. Lyon
The Hidden Daubert Factor: How Judges Use Error Rates In Assessing Scientific Evidence, John B. Meixner Jr., Shari Seidman Diamond
The Hidden Daubert Factor: How Judges Use Error Rates In Assessing Scientific Evidence, John B. Meixner Jr., Shari Seidman Diamond
Scholarly Works
In Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court provided a framework under which trial judges must assess the evidentiary reliability of scientific evidence whose admissibility is challenged. One factor of the Daubert test, the “known or potential rate of error” of the expert’s method, has received considerably less scholarly attention than the other factors, and past empirical study has indicated that judges have a difficult time understanding the factor and use it less frequently in their analyses as compared to other factors. In this paper, we examine one possible interpretation of the “known or potential rate of …
Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, B. J. Casey, Andre Davis, David L. Faigman, Morris Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe
Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, B. J. Casey, Andre Davis, David L. Faigman, Morris Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe
All Faculty Scholarship
President Obama charged the Presidential Commission for the Study of Bioethical Issues to identify a set of core ethical standards in the neuroscience domain, including the appropriate use of neuroscience in the criminal-justice system. The Commission, in turn, called for comments and recommendations. The MacArthur Foundation Research Network on Law and Neuroscience submitted a consensus statement, published here, containing 16 specific recommendations. These are organized within three main themes: 1) what steps should be taken to enhance the capacity of the criminal justice system to make sound decisions regarding the admissibility and weight of neuroscientific evidence?; 2) to what extent …
Detecting Knowledge Of Incidentally Acquired, Real-World Memories Using A P300-Based Concealed-Information Test, John B. Meixner Jr., J. Peter Rosenfeld
Detecting Knowledge Of Incidentally Acquired, Real-World Memories Using A P300-Based Concealed-Information Test, John B. Meixner Jr., J. Peter Rosenfeld
Scholarly Works
Autobiographical memory for events experienced during normal daily life has been studied at the group level, but no studies have yet examined the ability to detect recognition of incidentally acquired memories among individual subjects. We present the first such study here, which employed a concealed-information test in which subjects were shown words associated with activities they had experienced the previous day. Subjects wore a video-recording device for 4 hr on Day 1 and then returned to the laboratory on Day 2, where they were shown words relating to events recorded with the camera (probe items) and words of the same …
16. Child Witnesses And Imagination: Lying, Hypothetical Reasoning, And Referential Ambiguity., Thomas D. Lyon
16. Child Witnesses And Imagination: Lying, Hypothetical Reasoning, And Referential Ambiguity., Thomas D. Lyon
Thomas D. Lyon
Brain Trauma, Pet Scans And Forensic Complexity, Jane Moriarty, Daniel Langleben, James Provenzale
Brain Trauma, Pet Scans And Forensic Complexity, Jane Moriarty, Daniel Langleben, James Provenzale
Jane Campbell Moriarty
Positron Emission Tomography (PET) is a medical imaging technique that can be used to show brain function. Courts have admitted PET scan evidence in cases involving brain damage, injury, toxic exposure, or illness ("brain trauma") and to support claims of diminished cognitive abilities and impulse control. Despite the limited data on the relationships between PET, brain trauma and behavior, many courts admit PET scan evidence without much critical analysis. This article examines the use of PET as proof of functional impairment and justification of abnormal behavior by explaining its diagnostic use and limitations, the limited support for claims of its …
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
27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon
27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
11. Twenty-Five Years Of Interviewing Research And Practice: Dolls, Diagrams, And The Dynamics Of Abuse Disclosure., Thomas D. Lyon
11. Twenty-Five Years Of Interviewing Research And Practice: Dolls, Diagrams, And The Dynamics Of Abuse Disclosure., Thomas D. Lyon
Thomas D. Lyon
Latent Print Examination And Human Factors: Improving The Practice Through A Systems Approach: The Report Of The Expert Working Group On Human Factors In Latent Print Analysis, David H. Kaye, Thomas Busey, Melissa R. Gische, Gerry Laporte, Scott A. Shappell, Et Al.
Latent Print Examination And Human Factors: Improving The Practice Through A Systems Approach: The Report Of The Expert Working Group On Human Factors In Latent Print Analysis, David H. Kaye, Thomas Busey, Melissa R. Gische, Gerry Laporte, Scott A. Shappell, Et Al.
Publications
Fingerprints have provided a valuable method of personal identification in forensic science and criminal investigations for more than 100 years. Fingerprints left at crime scenes generally are latent prints—unintentional reproductions of the arrangement of ridges on the skin made by the transfer of materials (such as amino acids, proteins, polypeptides, and salts) to a surface. Palms and the soles of feet also have friction ridge skin that can leave latent prints. The examination of a latent print consists of a series of steps involving a comparison of the latent print to a known (or exemplar) print. Courts have accepted latent …
26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank
26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank
Thomas D. Lyon
25. Maltreated Children’S Ability To Estimate Temporal Location And Numerosity Of Placement Changes And Court Visits., Lindsay Wandrey, Thomas D. Lyon, Jodi A. Quas, William J. Friedman
25. Maltreated Children’S Ability To Estimate Temporal Location And Numerosity Of Placement Changes And Court Visits., Lindsay Wandrey, Thomas D. Lyon, Jodi A. Quas, William J. Friedman
Thomas D. Lyon
24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich
24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich
Thomas D. Lyon
15. Assessing The Competency Of Child Witnesses: Best Practice Informed By Psychology And Law., Thomas D. Lyon
15. Assessing The Competency Of Child Witnesses: Best Practice Informed By Psychology And Law., Thomas D. Lyon
Thomas D. Lyon
23. Assessing Children’S Competency To Take The Oath In Court: The Influence Of Question Type On Children’S Accuracy., Angela D. Evans, Thomas D. Lyon
23. Assessing Children’S Competency To Take The Oath In Court: The Influence Of Question Type On Children’S Accuracy., Angela D. Evans, Thomas D. Lyon
Thomas D. Lyon
22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
Thomas D. Lyon
14. Investigative Interviewing Of The Child., Thomas D. Lyon
14. Investigative Interviewing Of The Child., Thomas D. Lyon
Thomas D. Lyon
21. Children’S Reasoning About Disclosing Adult Transgressions: Effects Of Maltreatment, Child Age, And Adult Identity., Thomas D. Lyon, Elizabeth C. Ahern, Lindsay A. Malloy, Jodi A. Quas
21. Children’S Reasoning About Disclosing Adult Transgressions: Effects Of Maltreatment, Child Age, And Adult Identity., Thomas D. Lyon, Elizabeth C. Ahern, Lindsay A. Malloy, Jodi A. Quas
Thomas D. Lyon
12. Disclosure Of Child Sexual Abuse., Thomas D. Lyon, Elizabeth C. Ahern
12. Disclosure Of Child Sexual Abuse., Thomas D. Lyon, Elizabeth C. Ahern
Thomas D. Lyon
20. Maltreated And Non-Maltreated Children’S Evaluations Of Emotional Fantasy., Nathalie Carrick, Thomas D. Lyon, Jodi A. Quas