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Full-Text Articles in Evidence

14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas Apr 2007

14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon

Objective: Controversy abounds regarding the process by which child sexual abuse victims disclose their experiences, particularly the extent to which and the reasons why some children, once having disclosed abuse, later recant their allegations. This study examined the prevalence and predictors of recantation among 2- to 17-year-old child sexual abuse victims. Method: Case files (n = 257) were randomly selected from all substantiated cases resulting in a dependency court filing in a large urban county between 1999 and 2000. Recantation (i.e., denial of abuse postdisclosure) was scored across formal and informal interviews. Cases were also coded for characteristics of the …


10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon Jan 2007

10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon

Thomas D. Lyon

When Roland Summit published his paper on child sexual abuse accommodation (Summit, 1983), the notion that sexually abused children disclose abuse only reluctantly and ambivalently was thought "so basic that it contributed nothing new to the literature" (Summit, 1992, p. 155). Summit's paper was neither original research nor a systematic review of research, and he emphasized that his conclusions were largely based on his work as a clinical consultant and "endorsements" from professionals, victims, and their families (Summit, 1983, p. 180).


From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell Jan 2007

From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell

Liz Campbell

At all stages of the Irish criminal process, from pretrial detention and investigation, through the courthearing and at sentencing, a shift in focus from the due process rights of the accused towards the crime control aims of the State is apparent. Due process values, which seek to establish a degree of parity between the State and the accused, are increasingly seen in popular and political discourse as inconveniences to be overcome, rather than vital safeguards.


Dred Scott And The Political Question Doctrine, Wesley M. Oliver Dec 2006

Dred Scott And The Political Question Doctrine, Wesley M. Oliver

Wesley M Oliver

No abstract provided.


7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna Dec 2006

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.


2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon Dec 2006

2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.


Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan Dec 2006

Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan

Donald J. Kochan

The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved …