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16. Coaching, Truth Induction, And Young Maltreated Children’S False Allegations And False Denials., Thomas D. Lyon, Lindsay C. Malloy, Jodi A. Quas, Victoria A. Talwar
16. Coaching, Truth Induction, And Young Maltreated Children’S False Allegations And False Denials., Thomas D. Lyon, Lindsay C. Malloy, Jodi A. Quas, Victoria A. Talwar
Thomas D. Lyon
This study examined the effects of coaching (encouragement and rehearsal of false reports) and truth induction (a child-friendly version of the oath or general reassurance about the consequences of disclosure) on 4- to 7-year-old maltreated children’s reports (N 5 198). Children were questioned using free recall, repeated yes – no questions, and highly suggestive suppositional questions. Coaching impaired children’s accuracy. For free-recall and repeated yes – no questions, the oath exhibited some positive effects, but this effect diminished in the face of highly suggestive questions. Reassurance had few positive effects and no ill effects. Neither age nor understanding of the …
8. The Supreme Court, Hearsay, And Crawford: Implications For Child Interviewers., Thomas D. Lyon
8. The Supreme Court, Hearsay, And Crawford: Implications For Child Interviewers., Thomas D. Lyon
Thomas D. Lyon
We are entering the golden age of child interviewing. After years of research emphasizing how children's statements may be corrupted by coercive questioning practices, a number of researchers have shifted their focus toward finding means of increasing the accuracy and completeness of children's reports. Interviewers can now refer to a body of research identifYing good interview practice (Lamb, Hershkowitz, Orbach, & Esplin, 2008).
14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas
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
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).
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.
2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon
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.
13. From Post-Mortem To Preventive Medicine: Next Steps For Research On Child Witnesses., Thomas D. Lyon, Karen J. Saywitz
13. From Post-Mortem To Preventive Medicine: Next Steps For Research On Child Witnesses., Thomas D. Lyon, Karen J. Saywitz
Thomas D. Lyon
We propose five directions for future child witness research, inspired by recognition of the day-to-day realities of the legal system and the opportunities of psychology to react proactively to challenges child witnesses face. These directions include (1) the refinement of developmentally sensitive questioning aids that increase completeness without increasing suggestibility, (2) the development of approaches to non-disclosure and recantation, including understanding of the reasons underlying non-disclosure and the potential for building rapport and increasing trust, (3) the construction of interventions that meet mental health needs of child-victim witnesses without creating false memories or tainting testimony, (4) a focus on details …
12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon
12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon
Thomas D. Lyon
Coohey’s paper is a valuable investigation of the substantiation of mothers for failure to protect their children from child sexual abuse (CSA). Drawing on concerns regarding the possible inconsistency of decisions to substantiate, the author sought to determine the factors relied on by CPS investigators in the decision-making process. Multivariate analyses revealed the importance of maternal reactions to abuse, including whether the mother believed the child’s allegations and whether she acted in a protective or supportive manner. We will put Coohey’s findings in the context of other research that has documented the importance of nonoffending caregivers’ reactions to sexual abuse. …
9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic
9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic
Thomas D. Lyon
The overlap between domestic violence and child maltreatment has received an enormous amount of attention from domestic violence advocates, child advocates, policymakers, and researchers. The goals of empowering victims of domestic violence, usually women, and protecting children from abuse and neglect, usually by men, are theoretically compatible and mutually reinforcing. However, advocacy for battered mothers and protection for maltreated children have developed along different paths, leading to conflict and distrust (Edleson, 1999).
9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek
9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek
Thomas D. Lyon
THE POLICY FORUM “THE SCIENCE OF CHILD sexual abuse” by J. J. Freyd et al. (22 Apr., p. 501) provides an extremely important call to action to the scientific community. In 1999, James Mercy, Senior Scientist at the U.S. Centers for Disease Control and Prevention, noted the importance of viewing child sexual abuse with “new eyes” (1). The implementation of Freyd et al.’s policy recommendations would help us to do this. For too long, the fact that the topic makes us uneasy has caused too many of us to avert our eyes. But what if child sexual abuse were a …
10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon
10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon
Thomas D. Lyon
In a study of the ability to reconstruct the times of past events, 86 children from 4 to 13 years recalled the times of 2 in-class demonstrations that had occurred 3 months earlier and judged the times of hypothetical events. Many of the abilities needed to reconstruct the times of events were present by 6 years, including the capacity to interpret many temporally relevant cues, but there were substantial changes well into middle childhood in the availability of temporally useful episodic information. Children were poor at remembering the events’ proximity or order with respect to a major holiday, but the …
7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro
7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro
Thomas D. Lyon
Approximately8%of children in the US have disabilities (US Census Bureau, 2002), and these children are more likely to be abused or neglected than their non-disabled peers. The studies that have identified this vulnerability have varied in methodology and sample, and yet the findings have been remarkably consistent. But much work still needs to be done to know the magnitude of the problem, and what professionals can do to help. We are writing to encourage researchers in the child maltreatment field to include children’s disability status in their studies of abuse and neglect. Below is a summary of what …
8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon
8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon
Thomas D. Lyon
Imagine that you are treating a child suffering from the effects of neglect. You do not suspect sexual abuse, and do not directly question the child about abuse, but she makes what sounds like anabuse disclosure. Or, you hear from another source (a sibling, for example, or a caretaker) that thechild has made statements hinting that she was abused. What should you do? If you decide to question the child, you may inadvertently suggest information. Even if you are careful to avoid
leading questions, you may later be attacked for contaminating the child=s story, given the inherent polarization …
7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon
7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon
Thomas D. Lyon
A recent U.S. Supreme Court case is sure to have a major impact on the prosecution of family violence cases in which the victim fails to testify at trial. A number of states have special hearsay exceptions for statements from victims of spouse abuse and child abuse. Those exceptions often allow the statements into evidence even when the victim does not testify (usually with additional requirements, such as corroborative evidence or a finding that the statement has "indicia of reliability"). The U.S. Supreme Court has recently held that if the victim does not testify, "testimonial" hearsay is inadmissible unless the …
6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon
6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon
Thomas D. Lyon
Many experts in child sexual abuse likely view the Michael Jackson molestation case with disgust. The case is colored by the media circus, the major players' motives for money and publicity, and the sometimes prurient, sometimes morbid fascination the public has with allegations they view as bizarre and improbable.
7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon
7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon
Thomas D. Lyon
State v. Sloan (1995 [Mo. Ct. App.]) was a criminal case of child sexual abuse. AD., the 6-year-old alleged victim, was dropped off on Friday by her mother at her grandmother's house, where the child's aunt Evelyn and the defendant also resided. Two days later, on Sunday, the child's aunt Anita phoned the child's mother and told her that something was wrong. AD. then told her mother that the defendant had sexually assaulted her the day before. The mother called the child abuse hot line. On Thursday, 5 days after the alleged abuse, a social worker and a police detective …
6. Child Witnesses And The Oath., Thomas D. Lyon
6. Child Witnesses And The Oath., Thomas D. Lyon
Thomas D. Lyon
Despite the liberalization of competency requirements for child witnesses in many countries (Spencer & Flin, 1993; Youth Justice and Criminal Evidence Act, 1999, s. 53 [Engl.]), a substantial number of courts in the United States and other countries require that every witness take the oath or make some sort of affirmation that s/he will tell the truth (Federal Rules of Evidence 602,2001;Shrimpton, Oates, & Hayes, 1996).In order to guarantee that an oath or affirmation is understood by child witnesses, courts routinely inquire into children's understanding of the difference between the truth and lies and their obligation to tell the truth …
4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon
4. Interviewing Children In And Out Of Court: Current Research And Practice Implications., Karen J. Saywitz, Gail S. Goodman, Thomas D. Lyon
Thomas D. Lyon
What do we know about children's abilities to provide eyewitness testimony? Until recently, scientific data wee surprisingly sparse. However, beginning in the mid-1980s, the study of child victims/witnesses grew at an astounding rate; now it is a worldwide endeavor. When Melton (1981) published one of the first modern reviews of psychological research on children's testimony, only one contemporary empirical study directly dressing children's eyewitness memory was cited. Today, entire books and journal issues are devoted to research on this topic (e.g., Ceci & Bruck, 1995; Dent & Flin, 1992; Goodman, 1984; Goodman & Bottoms, 1993; Perry & Wrightsman, 1991; Poole …
3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon
3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon
Thomas D. Lyon
When children are asked to describe what they have seen, heard, or experienced,they bring their limitations along with their capabilities to the task. Adults who rely on children's answers must come to grips with theimperfections and inadequacies, as well as the merits and utility, of children'sreports. Some research findings appear to condemn children's re...ports, others champion their competencies. One way to understand thisinconsistency is to align the studies along a continuum.
5. Support Persons And The Child Witness., Thomas D. Lyon
5. Support Persons And The Child Witness., Thomas D. Lyon
Thomas D. Lyon
American trial courts often rule on motions that children testify in court accompanied by a support· person. Unfortunately, the potential impact of providing a child witness with a support person has not been thoroughly researched.
4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon
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 …
6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado
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 …
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 …
2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon
2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon
Thomas D. Lyon
It is often stated that intervention on behalf of abused and neglected children is intended to protect the child rather than punish the parent. This stance justifies a no-fault approach to child protection: If a child is being harmed and removal from the parents' custody is the only means to alleviate the harm, removal is justified. If reunification fails, regardless of whether the parent will not or cannot change, the termination of parental rights is justified. It matters not whether the parents acted to harm the child or failed to act to prevent harm. Nor does it matter whether the …
5. Young Maltreated Children’S Competence To Take The Oath., Thomas D. Lyon, Karen J. Saywitz
5. Young Maltreated Children’S Competence To Take The Oath., Thomas D. Lyon, Karen J. Saywitz
Thomas D. Lyon
Two studies examined I92 maltreated young children's competence to take the oath. Study I found that despite serious delays in receptive vocabulary, a majority of 5-year-olds correctly identified truthful statements and lies as such and recognized that lying is bad and would make authority figures mad. However, most participants up to 7 years of age could not define "truth" and "lie" or explain the difference between the terms. Four-year-olds were above chance in recognizing the immorality of lying but exhibited a tendency to identify all statements as the "truth. " Study 2 found that 4- and 5-year-olds performed above chance …
4. The New Wave Of Suggestibility Research: A Critique., Thomas D. Lyon
4. The New Wave Of Suggestibility Research: A Critique., Thomas D. Lyon
Thomas D. Lyon
The new wave in children's suggestibility research consists of a prestigious group of researchers in developmental psychology who argue that children are highly vulnerable to suggestive interviewing techniques. Because of its scientific credentials, its moderate tone, and its impressive body of research, the new wave presents a serious challenge to those who have claimed that children are unlikely to allege sexual abuse falsely. Although we can learn much from the research, concerns over society's ability to detect abuse motivate three criticisms. First, the new-wave researchers assume that highly suggestive interviewing techniques are the norm in abuse investigations, despite little empirical …
1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
Thomas D. Lyon
Debates regarding the admissibility of expert testimony in child sexual abuse cases are often characterized as between clinicians and researchers. Clinicians base their judgment on personal experience and anecdotes, whereas researchers base their judgment on scientific findings. Clinicians are willing to testify that a particular child has been sexually abused, whereas researchers cautiously avoid rendering a judgment about any particular case. Clinicians believe that they can interpret children's statements and behaviors to validate abuse, whereas researchers warn that children's statements and behaviors may be shaped by adults, including clinicians. Clinicians are happy to testify (typically for the prosecution), comfortably adopting …
4. Reasoning About Moral Aspects Of Illness And Treatment By Preschoolers Who Are Healthy Or Have A Chronic Illness., Pamela M. Kato, Thomas D. Lyon
4. Reasoning About Moral Aspects Of Illness And Treatment By Preschoolers Who Are Healthy Or Have A Chronic Illness., Pamela M. Kato, Thomas D. Lyon
Thomas D. Lyon
Our study evaluates the moral reasoning skills of healthy and chronically ill 3 and 4 year olds with respect to illness and treatment, by use of an interview technique that reduces verbal demands on the child, We presented children with pairs of scenarios comparing ill characters with characters acting immorally and characters being punished, as well as with pairs of scenarios comparing treated characters with characters acting immorally and characters being punished. We asked children to point to the character who did something "naughty." With the exception of the chronically ill 3 year olds, the children performed consistently above chance …
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.
1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon
Thomas D. Lyon
McGough's goal is to summarize the developmental psychological research relevant to children's capacities as witnesses and to make recommendations for how the courts should receive children's testimony. In her review, she concludes that children under the age of 12 are deficient: They encode less detail, they fantasize more, they confuse fantasy with reality, they incorporate script based knowledge into their memory, and they are suggestible, both because they acquiesce to authority and because their memory is susceptible to external influence.