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Selected Works

2001

Articles 1 - 6 of 6

Full-Text Articles in Evidence

4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon Aug 2001

4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon

Thomas D. Lyon

I’m grateful to Dr. Martindale for introducing the reader to an important and lively debate among practitioners and academics over the relevance of recent research on children’s suggestibility. In my Cornell Law Review article, I argued that the recent research on suggestibility was inspired by highly coercive interviewing techniques in widely publicized cases that are not the norm in child sexual abuse investigations. These techniques include telling children that they have been abused, telling children that a particular person is the abuser, and asking children to imagine details regarding how abuse could have taken place. Moreover, I argued that the …

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Sati, Louise Harmon Dec 2000

Sati, Louise Harmon

Louise Harmon

No abstract provided.

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Wonders Of The Invisible World: Prosecutorial Syndrome And Profile Evidence In The Salem Witchcraft Trials, Jane Campbell Moriarty Dec 2000

Wonders Of The Invisible World: Prosecutorial Syndrome And Profile Evidence In The Salem Witchcraft Trials, Jane Campbell Moriarty

Jane Campbell Moriarty

The primary aims of this Article are to deconstruct the evidence from the Salem witchcraft trials and to determine whether those prosecutions relied upon syndrome and profile evidence, and whether such evidence played a substantial role in the convictions. The secondary aim is to determine whether modern cases employ evidentiary methods sufficiently similar to the Salem cases such that we should reconsider prosecutorial syndrome and profile evidence. This Article concludes that prosecutorial syndrome evidence and, to a lesser degree, prosecutorial profile evidence, were relied upon in the Salem cases and were important to the convictions. Moreover, in modern cases, which …

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O Documento Eletrônico Como Meio De Prova No Brasil, Ivo T. Gico Dec 2000

O Documento Eletrônico Como Meio De Prova No Brasil, Ivo T. Gico

Ivo Teixeira Gico Jr.

Discute-se, no presente artigo, a validade do documento eletrônico como meio hábil de prova, a necessidade de inovação no ordenamento jurídico, bem como o livre convencimento do magistrado. It is discussed in this paper, the validity of the electronic document as valid evidence, analyzing, among other things, the issue of the necessity of a physical media for the document and the judge's liberty to decide.

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6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado Dec 2000

6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado

Thomas D. Lyon

Before allowing child witnesses to testify, courts routinely require children to describe what would happen to them if they lied. However, young children often refuse to reason hypothetically if they view the premises as implausible or undesirable, and might be more willing to discuss the consequences of lying if they are asked about another child rather than themselves. On the other hand, children might view themselves as invulnerable to punishment, and therefore believe that whereas other children will be punished for lying, they will not be. In this study, 64 maltreated 5- and 6-year-old children were asked to describe the …

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Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno Dec 2000

Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno

Joelle A. Moreno

The disjuncture between science and law became a significant practical, rather than theoretical, problem in 1993 when the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc. Daubert was a radical break from a tradition of judicial deference to scientific norms and conventions on questions of the admissibility of scientific evidence. The Court called upon the federal judiciary to slam the gate on all scientific evidence that is not "'scientific knowledge' . . . derived from the scientific method."' Since 1993, the Supreme Court has issued three opinions clarifying Daubert, and countless judges and legal commentators have wrestled with the …

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