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Articles 31 - 60 of 134

Full-Text Articles in Law and Psychology

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno Jan 2016

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Joelle A. Moreno

No abstract provided.

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47. The Productivity Of Wh- Prompts When Children Testify., Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon Jan 2016

47. The Productivity Of Wh- Prompts When Children Testify., Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Wh- prompts (what, how, why, who, when, where) vary widely in their specificity and accuracy, but differences among them have largely been ignored in research examining the productivity of different question-types in child testimony. We examined 120 6- to 12-year-olds’ criminal court testimony in child sexual abuse cases to compare the productivity of various wh- prompts. We distinguished among what/how prompts, most notably: what/how-happen prompts focusing generally on events, what/how-dynamic prompts focusing on actions or unfolding processes/events, what/how-causality prompts focusing on causes and reasons, and what/how-static prompts focusing on non-action contextual information regarding location, objects, and time. Consistent with predictions, …

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48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon Dec 2015

48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Although adverse effects of suggestive interviewing on children's accuracy are well documented, it remains unclear as to whether these effects vary depending on the valence of and the actor implicated in suggestions. In this study, 124 3-8-year-olds participated in a classroom activity and were later questioned about positive and negative false details. The interviewer provided positive reinforcement when children acquiesced to suggestions and negative feedback when they did not. Following reinforcement or feedback, young children were comparably suggestible for positive and negative details. With age, resistance to suggestions about negative details merged first, followed by resistance to suggestions about positive …

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46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams Nov 2015

46. Wrongful Acquittals Of Sexual Abuse., Thomas D. Lyon, Stacia N. Stolzenberg, Kelly Mcwilliams

Thomas D. Lyon

Ross Cheit’s book The Witch-Hunt Narrative highlights the difficulties of prosecuting child sexual abuse. Drawing examples from a single case, Alex A., we examine the ways in which false acquittals of sexual abuse are likely to occur. First, prosecutors tend to question children in ways that undermine their productivity and credibility. Second, prosecutors have difficulty in explaining to juries the dynamics of sexual abuse and disclosure, making children’s acquiescence to abuse and their failure to disclose when abuse first occurs incredible. Third, attorneys undermine children’s credibility by pushing them to provide difficult to estimate temporal and numerical information. A postscript …

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The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon Nov 2015

The Productivity Of Wh- Prompts In Child Forensic Interviews, Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.

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45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon Nov 2015

45. The Productivity Of Wh- Prompts In Child Forensic Interviews., Elizabeth C, Ahern, Samantha J. Andrews, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Child witnesses are often asked wh- prompts (what, how, why, who, when, where) in forensic interviews. However, little research has examined the ways in which children respond to different wh- prompts and no previous research has investigated productivity differences among wh- prompts in investigative interviews. This study examined the use and productivity of wh- prompts in 95 transcripts of 4- to 13-year-olds alleging sexual abuse in child investigative interviews. What-how questions about actions elicited the most productive responses during both the rapport building and substantive phases. Future research and practitioner training should consider distinguishing among different wh- prompts.

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44. The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon Aug 2015

44. The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon

Thomas D. Lyon

This study examined the effects of repeated questions (n=12,169) on 6- to 12-year-olds’ testimony in child sexual abuse cases. We examined transcripts of direct- and cross-examinations of 120 children, categorizing how attorneys asked repeated questions in-court and how children responded. Defense attorneys repeated more questions (33.6% of total questions asked) than prosecutors (17.8%) and repeated questions using more suggestive prompts (38% of their repeated questions) than prosecutors (15%). In response, children typically repeated or elaborated on their answers and seldom contradicted themselves. Self-contradictions were most often elicited by suggestive and option-posing prompts posed by either type of attorney. Child age …

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43. The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology, Elizabeth B. Rush, Stacia N. Stolzenberg, Jodi A. Quas, Thomas D. Lyon Jul 2015

43. The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression. Legal And Criminological Psychology, Elizabeth B. Rush, Stacia N. Stolzenberg, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Purpose: This study examined the effects of the putative confession (telling the child that an adult “told me everything that happened and he wants you to tell the truth”) on children’s disclosure of a minor transgression after questioning by their parents. Methods: Children (N = 188; 4 – 7-year-olds) played with a confederate, and while doing so, for half of the children, toys broke. Parents then questioned their children about what occurred, and half of the parents were given additional scripted suggestive questions. Finally, children completed a mock forensic investigative interview. Results: Children given the putative confession were 1.6 times …

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10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon Jul 2015

10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon

Thomas D. Lyon

“Testimonial” statements are inadmissible against criminal defendants under the Confrontation Clause unless the declarant was subject to cross-examination. Statements are testimonial if the primary purpose of the speaker and the interrogator was to create an out-of-court substitute for trial testimony. Ohio v. Clark (2015) considered whether a 3-year-old’s disclosure of abuse to his teacher is testimonial. This brief surveyed case law, statutory law, and psychological and criminological research in arguing that it is not. First, young children do not appreciate that their disclosures may be used at trial, because they do not fully understand the legal system. Furthermore, many children …

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42. Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing, Stacia N. Stolzenberg, Thomas D. Lyon Jun 2015

42. Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

The present study examined whether a training model that focuses on consistent exposure to protocol procedure, self-evaluation, and intensive peer-review sessions could improve interviewers’ ability to adhere to best practices. Law students (N = 19) interviewed 5- to 10-year-old children on a weekly basis as part of a semester-long forensic child interviewing class. They transcribed their interviews, and participated in one-hour self and peer-reviews. The proportion of each question type was calculated (option-posing, Wh-, and open-invitations) within each interview for each interviewer. Across ten weeks of interviews, interviewers consistently improved their performance, decreasing the proportion of option-posing questions by 31% …

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A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola Jun 2015

A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola

Sheri Lynn Johnson

No abstract provided.

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The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill May 2015

The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.

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41. Do Prosecutors Use Interview Instructions Or Build Rapport With Child Witnesses?, Elizabeth C, Ahern, Stacia N. Stolzenberg, Thomas D. Lyon May 2015

41. Do Prosecutors Use Interview Instructions Or Build Rapport With Child Witnesses?, Elizabeth C, Ahern, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

This study examined the quality of interview instructions and rapport-building provided by prosecutors to 168 5- to 12-year-old children testifying in child sexual abuse cases, preceding explicit questions about abuse allegations. Prosecutors failed to effectively administer key interview instructions, build rapport, or rely on open-ended narrative producing prompts during this early stage of questioning. Moreover, prosecutors often directed children’s attention to the defendant early in the testimony. The productivity of different types of wh- questions varied, with what/how questions focusing on actions being particularly productive. The lack of instructions, poor quality rapport-building, and closed-ended questioning suggest that children may not …

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Dumping Daubert, Popping Popper And Falsifying Falsifiability: A Re-Assessment Of First Principles, Barbara P. Billauer Esq Feb 2015

Dumping Daubert, Popping Popper And Falsifying Falsifiability: A Re-Assessment Of First Principles, Barbara P. Billauer Esq

barbara p billauer esq

Abstract: The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or bad science from infiltrating the courtroom. To do so, the Judges must first determine what is ‘science’ and what is ‘good science.’ It is submitted that Daubert is deeply polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis, and an unworkable system of decision-making, which negatively impacts litigant expectations. Among other problems is the intolerance of Popper’s system for multiple causation, …

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Procedure's Magical Number Three: Psychological Bases For Standards Of Decision, Kevin M. Clermont Dec 2014

Procedure's Magical Number Three: Psychological Bases For Standards Of Decision, Kevin M. Clermont

Kevin M. Clermont

So many procedural doctrines appear, after research and teaching, to trifurcate. An obvious example is that kind of standard of decision known as the standard of proof: what in theory might have been a continuum of standards divides in practice into the three distinct standards of preponderance of the evidence, clear and convincing evidence, and proof beyond a reasonable doubt. Other examples suggest both that I am not imagining the prominence of three and that more than coincidence is at work. Part I of this essay describes the role of the number three in procedure, with particular regard to standards …

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5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon Oct 2014

5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

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40. Question Types, Responsiveness And Self-Contradictions When Prosecutors And Defense Attorneys Question Alleged Victims Of Child Sexual Abuse, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon Oct 2014

40. Question Types, Responsiveness And Self-Contradictions When Prosecutors And Defense Attorneys Question Alleged Victims Of Child Sexual Abuse, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon

Thomas D. Lyon

We examined 120 trial transcripts of 6- to 12-year-old children testifying to sexual abuse. Age and attorney role were analyzed in relation to question types, children’s responsiveness, and self-contradiction frequency. A total of 48,716 question-response pairs were identified. Attorneys used more closed-ended than open-ended prompts. Prosecutors used more invitations (3% vs. 0%), directives and option-posing prompts than defence attorneys, who used more suggestive prompts than prosecutors. Children were more unresponsive to defence attorneys than to prosecutors. Self-contradictions were identified in 95% of the cases. Defence attorneys elicited more self-contradictions than prosecutors, but nearly all prosecutors (86%) elicited at least one …

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Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman Aug 2014

Hiding The Elephant (How The Psychological Techniques Of Magicians Can Be Used To Manipulate Witnesses At Trial), Sydney A. Beckman

Sydney A. Beckman

In 1917 Harry Houdini performed a single, yet incredible, illusion; “[u]nder the bright spotlights of New York’s Theatre Hippodrome, he made a live elephant disappear.” In 1983 David Copperfield made the Statue of Liberty Disappear in front of both a live and a national television audience. To be sure, neither the elephant nor Lady Liberty actually disappeared. But from the perspective of the audience they did, indeed, disappear. So which is correct? Did they, or didn’t they?

Trial Lawyers and Magicians share many of the same talents and skills. Misdirection, misinformation, selective-attention, ambiguity, verbal manipulation, body language interpretation, and physical …

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38. Social And Cognitive Factors Associated With Children's Secret-Keeping For A Parent., Heidi M. Gordon, Thomas D. Lyon, Kang Lee Jul 2014

38. Social And Cognitive Factors Associated With Children's Secret-Keeping For A Parent., Heidi M. Gordon, Thomas D. Lyon, Kang Lee

Thomas D. Lyon

This study examined children’s secret-keeping for a parent and its relation to trust, theory of mind, secrecy endorsement, and executive functioning (EF). Children (N = 107) between 4 and 12 years of age participated in a procedure wherein parents broke a toy and asked children to promise secrecy. Responses to open-ended and direct questions were examined. Overall, secret-keeping increased with age and promising to keep the secret was related to fewer disclosures in open-ended questioning. Children who kept the secret in direct questioning exhibited greater trust and better parental ratings of EF than children who disclosed the secret. Findings highlight …

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34. Disclosure Suspicion Bias And Abuse Disclosure: Comparisons Between Sexual And Physical Abuse., Elizabeth B. Rush, Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas Apr 2014

34. Disclosure Suspicion Bias And Abuse Disclosure: Comparisons Between Sexual And Physical Abuse., Elizabeth B. Rush, Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas

Thomas D. Lyon

Prior research has found that children disclosing physical abuse appear more reticent and less consistent than children disclosing sexual abuse. Although this has been attributed to differences in reluctance, it may also be due to differences in the process by which abuse is suspected and investigated. Disclosure may play a larger role in arousing suspicions of sexual abuse, while other evidence may play a larger role in arousing suspicions of physical abuse. As a result, children who disclose physical abuse in formal investigations may be doing so for the first time, and they may be more reluctant to provide details …

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9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg Mar 2014

9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg

Thomas D. Lyon

The legal and psychological literature on children’s testimony in child sexual abuse cases has largely focused on whether children are allowed to testify, how children testify, and what happens after they do. Those concerned about false convictions have emphasized the benefits of mechanisms to exclude children’s testimony that is unreliable because of pre-trial influence or developmental immaturity1 and the utility of expert testimony on children’s suggestibility. Those concerned about false acquittals have argued for eliminating barriers to receiving children’s testimony, the benefits of setting up special devices (such as screens or closed-circuit television) for receiving testimony, and the utility of …

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Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff Mar 2014

Rationality, Insanity, And The Insanity Defense: Reflections On The Limits Of Reason, Theodore Y. Blumoff

Theodore Y. Blumoff

Individuals who suffer from chronic paranoid ideations live with deeply embedded conspiratorial delusions that are sometimes accompanied by unwanted visual and/or auditory stimuli, sometime neither: just psychotic delusions in which they feel as if they have lost control of their lives – and of course they have, albeit not from the performances of foreign forces. When those perceived forces persevere for even a fairly short period of time, they can dictate the performance of evil deeds that the individual ultimately feels helpless to oppose. What observations and findings from neuroscience make clear is that such individuals do not lack knowledge, …

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Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page Feb 2014

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …

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12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon Nov 2013

12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon

Thomas D. Lyon

Most professionals know that many alleged victims do not disclose abuse when formally interviewed and that disclosure is affected by a variety of factors, among which the relationship between suspects and children appears to be especially important (see Pipe, Lamb, Orbach, & Cederborg, 2007, for reviews). Children––especially boys and preschoolers––are hesitant to report abuse by parents and guardians, particularly when sexual rather than physical abuse is suspected. For example, Pipe, Lamb, Orbach, Stewart, Sternberg, and Esplin (2007) reported that only 38% of the preschoolers interviewed disclosed sexual abuse by a parent even when the allegations were independently substantiated by corroborative …

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31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon Sep 2013

31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Little is known about how the dynamics of sexual abuse and disclosure are discussed in criminal court. We examined how attorneys ask child witnesses in sexual abuse cases (N #1; 72, 6–16 years of age) about their prior conversations, both with suspects and with disclosure recipients. Prosecutors’ questions were more open-ended than defense attorneys, but most questions asked by either attorney were yes/no questions, and children tended to provide unelaborated responses. Prosecutors were more inclined to ask about children’s prior conversations with suspects than defense attorneys, but focused on the immediate abuse rather than on grooming behavior or attempts to …

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30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon Aug 2013

30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon

Thomas D. Lyon

This study examined the effects of rapport (emotional, National Institute of Child Health and Human Development [NICHD]) and prompt type (what-next, cued-action, cued-emotion, what-think) on one hundred forty-two 4-9-year-old maltreated children's spontaneous and prompted emotional language.  Children in the emotional-rapport condition narrated the last time they felt good and the last time they felt bad on the playground. Children in the NICHD-rapport condition narrated their last birthday party and what happened yesterday. Following rapport, all children were presented a series of story stems about positive and negative situations. Emotional-rapport minimally affected children’s use of emotional language. Cued-emotion prompts were most …

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29. Young Children’S Understanding That Promising Guarantees Performance: The Effects Of Age And Maltreatment., Thomas D. Lyon, Angela D. Evans Jul 2013

29. Young Children’S Understanding That Promising Guarantees Performance: The Effects Of Age And Maltreatment., Thomas D. Lyon, Angela D. Evans

Thomas D. Lyon

Two studies, with 102 nonmaltreated 3- to 6-year-old children and 96 maltreated 4- to 7-year-old children, examined children’s understanding of the relative strengths of “I promise,” “I will,” “I might,” and “I won’t,” to determine the most age-appropriate means of eliciting a promise to tell the truth from child witnesses. Children played a game in which they chose which of 2 boxes would contain a toy after hearing story characters make conflicting statements about their intent to place a toy in each box (e.g., one character said “I will put a toy in my box” and the other character said …

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16. Child Witnesses And Imagination: Lying, Hypothetical Reasoning, And Referential Ambiguity., Thomas D. Lyon Jul 2013

16. Child Witnesses And Imagination: Lying, Hypothetical Reasoning, And Referential Ambiguity., Thomas D. Lyon

Thomas D. Lyon

Children's resistance to unpleasant hypotheticals undermines their apparent understanding of the truth and lies. Better understanding of children's developmental limitations, improved questioning, and objections to developmentally insensitive questions could improve children's performance.

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Not For The Truth Of The Matter: Defendant's Hearsay And The Necessity Of Limiting Instructions In Psychological Defenses, Brian A. Ford May 2013

Not For The Truth Of The Matter: Defendant's Hearsay And The Necessity Of Limiting Instructions In Psychological Defenses, Brian A. Ford

Brian A Ford

This paper presents a thorough discussion of the use of a defendant's hearsay statements to a psychological expert as the basis of the expert's opinion at trial, under California Law.

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Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun Feb 2013

Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun

Daniel M Braun

In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …

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