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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.
3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon
3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon
Thomas D. Lyon
Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).
2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon
2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon
Thomas D. Lyon
With all of the attention paid to children's performances as witnesses once on the stand, their ability to qualify to take the stand has been relatively neglected. Most courts require that in order to testify, a witness must first take the oath. In its most simple form, an oath is a promise to tell the truth. Taking the oath presupposes that one understands what it means to tell the truth, and that one appreciates one’s obligation to tell the truth when promising to do so. If a young child does not understand the difference between the truth and lies, or …
2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory
2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory
Thomas D. Lyon
Determining whether a young child's injuries are due to physical abuse is often extremely difficult. Frequently, the child is nonverbal, and there are no witnesses other than the caretakers that are suspected of abuse. Expert medical opinion is often necessary to diagnose abuse. However, the process by which physicians diagnose physical abuse is something of a mystery to many attorneys, even to those who routinely handle such cases. The medical literature is often impenetrable to those without special training, leading attorneys to defer to expert opinion without fully understanding the basis for such opinion. This is unfortunate. Without understanding the …