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Evidence Commons™

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2009

Selected Works

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Articles 1 - 22 of 22

Full-Text Articles in Evidence

13. Interviewing Children., Thomas D. Lyon Nov 2009

13. Interviewing Children., Thomas D. Lyon

Thomas D. Lyon

There is sufficient empirical evidence and consensus to begin to build guidelines, including the interview structure, setting, interviewer demeanor, children's reluctance and suggestibility, rapport development, narrative practice, introducing the topic of abuse, avoiding concepts that confuse children, instructions to children, phrasing of questions, evidence-based strategies for eliciting details, and multiple interviews.

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12. Disclosure Of Child Sexual Abuse., Thomas D. Lyon, Elizabeth C. Ahern Oct 2009

12. Disclosure Of Child Sexual Abuse., Thomas D. Lyon, Elizabeth C. Ahern

Thomas D. Lyon

The research supports the proposition that CSA victims often delay disclosure or fail altogether to disclose abuse and that delays and nondisclosure are most common among children abused by a familiar person, especially a family member living in the child's household. The implications of the research are that inconsistencies and recantations in children's reports may be due to reluctance rather than a false allegation.

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Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr. Aug 2009

Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr.

Donna M. Hughes

I have been collecting evidence of pimps’ practice of tattooing victims for several years. Tattooing, and sometimes branding or scarification, are marks of ownership. It is one of the ways that pimps maintain physical and psychological control over emotionally vulnerable girls. The girls and young women are frequently tattooed with the initials or street names of pimps. Marks also include gang symbols and $ signs or other symbols for the money the girls earn for the pimp. 

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Probability, Policy And The Problem Of Reference Class, Robert J. Rhee Jul 2009

Probability, Policy And The Problem Of Reference Class, Robert J. Rhee

Robert Rhee

This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a proportion is derived. Probability assessments change with the reference class. If a proposition is subject to proportional comparison against two or more different references, their selection is often an inductive process. The advantage of objectivity and methodological rigor is illusory. A legal dispute is the search for a plausible understanding of the truth, and an overtly mathematized …

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Executing Capital Punishment Via Case Study: A Socratic Chat About New Jersey's Abolition Of The Death Penalty And Convincing Other States To Follow Suit, James Johnston Jun 2009

Executing Capital Punishment Via Case Study: A Socratic Chat About New Jersey's Abolition Of The Death Penalty And Convincing Other States To Follow Suit, James Johnston

James B Johnston

For those who detest capital punishment Christmas arrived early in 1997. On December 17, 2007 New Jersey became the first State to abolish the death penalty via enactments from both the executive and legislative branches of government. The responses both domestically and abroad have been overwhelmingly supportive. New Jersey was able to do so thanks to the work of the New Jersey Death Penalty Study Commission; a blue ribbon panel of individuals appointed by Governor Corzine to study capital punishment and provide their findings to the State Legislature and the Governor. The commission recommended the death penalty be abolished and …

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Recent Developments In Oklahoma Evidence Law, Liesa Richter Mar 2009

Recent Developments In Oklahoma Evidence Law, Liesa Richter

Liesa L. Richter

No abstract provided.

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The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus Mar 2009

The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus

Mary Sue Backus

No abstract provided.

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The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus Feb 2009

The Csi Effect: What Can Forensic Science Really Tell Us?, Mary Sue Backus

Mary Sue Backus

No abstract provided.

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20. Maltreated And Non-Maltreated Children’S Evaluations Of Emotional Fantasy., Nathalie Carrick, Thomas D. Lyon, Jodi A. Quas Jan 2009

20. Maltreated And Non-Maltreated Children’S Evaluations Of Emotional Fantasy., Nathalie Carrick, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon


Objectives: The purpose of the study was to examine differences between maltreated and nonmaltreated children’s ability to differentiate emotionally evocative fantastic and real events.
Methods: Four- and 5-year-old (n = 145) maltreated and nonmaltreated children viewed images depicting positive and negative fantastic and real events and reported whether the events could occur in real life and how the images made them feel. Children also completed a measure of verbal ability.
Results: Maltreated children were more accurate than nonmaltreated children in stating that negative real events could occur, but less accurate in stating that frightening fantastic events …

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Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin Dec 2008

Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin

R. Michael Cassidy

No abstract provided.

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A Comparative Examination Of The Purpose Of The Criminal Justice System, James Diehm Dec 2008

A Comparative Examination Of The Purpose Of The Criminal Justice System, James Diehm

James W. Diehm

A recent Gallup poll found that only 20% of Americans have a substantial amount of confidence in our criminal justice system, a 14% decline from only four years ago. Since the legitimacy of our criminal justice system depends upon the public’s confidence in that system, this is matter of great concern. As a result of my acquaintance with both our system and the inquisitorial system used in Europe and elsewhere, I am aware of the specific areas that lead the American public to distrust our process and the way in which those areas are dealt with in the inquisitorial system. …

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The Death Of The American Trial, Robert Burns Dec 2008

The Death Of The American Trial, Robert Burns

Robert P. Burns

This book analyzes and criticizes the loss of one of the great achievements of our public culture, the American trial.

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Invisible Ink In The Eighth Arrondissement, Karl T. Muth Dec 2008

Invisible Ink In The Eighth Arrondissement, Karl T. Muth

Karl T Muth

IMPORTANT: This document may prompt you for a username and password. If this occurs, please simply click "cancel" and the document will load. Thank you. This Article deals with the history of the secret contract that governs the distribution of economic rents enjoyed by Formula One. It further explores the environment in which this secret contract evolved and briefly discusses applications for secret contracts in other scenarios and industries.

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Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala Dec 2008

Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala

John F. Nivala

No abstract provided.

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Neuroscience, Law & Government: Foreword To The Symposium, Jane Moriarty Dec 2008

Neuroscience, Law & Government: Foreword To The Symposium, Jane Moriarty

Jane Campbell Moriarty

The legal and legislative systems have begun to rely on neuroscience in various types of decision-making. Without question, the relationship between the disciplines will become more enmeshed as more data is generated by neuroscientists. Are we ready for this potential sea change that will be both rich and strange?

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Visions Of Deception: Neuroimaging And The Search For Evidential Truth, Jane Moriarty Dec 2008

Visions Of Deception: Neuroimaging And The Search For Evidential Truth, Jane Moriarty

Jane Campbell Moriarty

The use of science in the search for truth poses consistent evidentiary problems of definition, causation, validity, accuracy, inferential conclusions unsupported by data, and real-world complications. And these evidentiary problems may well be implicated in the forensic use of neuroimages of deception. This article first briefly describes the various types of neuroimaging used to detect deception and describes some of the specific criticisms that have been leveled at the science. Second, the article outlines the standards governing admissibility and explains why the research to date does not yet meet any recognized standards of admissibility. Third, and finally, the article suggests …

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10. Witnesses, Children As Legal., Thomas D. Lyon Dec 2008

10. Witnesses, Children As Legal., Thomas D. Lyon

Thomas D. Lyon

Child witnesses present challenges for both law and psychology. The question is how to elicit statements from children without sacrificing the truth, the rights of those against whom the child is testifying, and the welfare of the child.

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11. Abuse Disclosure: What Adults Can Tell., Thomas D. Lyon Dec 2008

11. Abuse Disclosure: What Adults Can Tell., Thomas D. Lyon

Thomas D. Lyon

This book chapter reviews 14 retrospective surveys inquiring into respondent’s child abuse experiences and whether they ever disclosed abuse as children. I discuss the advantages of retrospective surveys (representativeness, reduced likelihood of false allegations, reduced suspicion bias). However, I also emphasize the likelihood of survey reluctance, and explain how this biases upwards estimates of abuse victims’ prior disclosure. If respondents who previously disclosed abuse are more likely to acknowledge abuse to a surveyor than respondents who never previously disclosed abuse, respondents who acknowledge abuse are disproportionately likely to be those who have previously disclosed. Difficulties notwithstanding, the research supports the …

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9. Authors’ Response To Vieth, Thomas D. Lyon Dec 2008

9. Authors’ Response To Vieth, Thomas D. Lyon

Thomas D. Lyon

In 2007, Lamb, Orbach, Hershkowitz, Esplin, and Horowitz published in Child Abuse & Neglect a review of empirical research on the National Institute of Child Health and Development (NICHD) Investigative Interview Protocol in which they provided extensive research supporting the conclusion that the NICHD Protocol “comprises a useful and usable set of guidelines that allow trained interviewers to conduct investigative interviews that hew more closely than they otherwise would to universally endorsed professional guidelines” (p. 1212).

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19. Young Children’S Competency To Take The Oath: Effects Of Task, Maltreatment, And Age., Thomas D. Lyon, Nathalie Carrick, Jodi A. Quas Dec 2008

19. Young Children’S Competency To Take The Oath: Effects Of Task, Maltreatment, And Age., Thomas D. Lyon, Nathalie Carrick, Jodi A. Quas

Thomas D. Lyon

This study examined maltreated and non-maltreated children’s (N = 183) emerging understanding of ‘‘truth’’ and ‘‘lie,’’ terms about which they are quizzed to qualify as competent to testify. Four- to six-year-old children were asked to accept or reject true and false (T/F) statements, label T/F statements as the ‘‘truth’’ or ‘‘a lie,’’ label T/F statements as ‘‘good’’ or ‘‘bad,’’ and label ‘‘truth’’ and ‘‘lie’’ as ‘‘good’’ or ‘‘bad.’’ The youngest children were at ceiling in accepting/rejecting T/F statements. The labeling tasks revealed improvement with age and children performed similarly across the tasks. Most children were better able to evaluate ‘‘truth’’ …

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Litigating Groups, Elizabeth Chamblee Burch Dec 2008

Litigating Groups, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

Large-scale litigation, such as the Vioxx, Zyprexa, and asbestos cases, breeds conflict. Conflicts arise between attorneys and their clients (agency problems), plaintiffs and other plaintiffs (group problems), and plaintiffs’ attorneys and other plaintiffs’ attorneys (competition problems). Although these cases cannot be certified as class actions, they still proceed en masse to achieve economies of scale and present a credible threat to defendants. Assuming that coordinating and consolidating large-scale litigation is systemically desirable, this Article explores a new approach to removing the group and agency problems that increase aggregate litigation’s costs and undermine its normative goals such as fairness, compensation, and …

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Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler Dec 2008

Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler

Steven S. Gensler

No abstract provided.

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