Law and Psychology Commons^™

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 …

The amicus brief in the Kelly Michaels case ignores the risks that abused children will fail to reveal abuse unless direct and sometimes leading questions are asked. Although the brief correctly criticizes previous research for understating the risks that aggressive interviewing practices will lead young children to make false allegations of abuse, it overstates the likelihood that false allegations occur by overlooking the aspects of the Kelly Michaels case and the research it inspired that are unlike the typical abuse case.  The author discusses factors that lead abused children to falsely deny abuse and that minimize the likelihood that nonabused …

LYON, THOMAS D., and FLAVELL, JOHN H. YOUNG Children's Understanding of "Remember" and "Forget." CHILD DEVELOPMENT, 1994, 65, 1357-1371.3 studies examined young children's understanding that if one "remembers" or "forgot," one must have known at a prior time. In Study 1,4-year-olds but not 3-year-olds understood the prior knowledge component of "forgot"; both groups understood that a character with prior knowledge was "gonna remember." Study 2 controlled for the possibility that good performance on "remember" might be due to a simple association of remembering with knowledge. A significant number of 4-year-olds but not 3-year olds understood that when 2 characters currently …

Children's decision making ability is important in a number of areas in the law.  A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.

2 studies investigated young children's understanding that as the retention interval increases, so do the chances that one will forget. In Study 1 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 characters who simultaneously saw an object, the character who waited longer before attempting to find it would not remember where it was. In study 2 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 objects seen by a character, the object that was seen a "long long time ago" would be forgotten and the object seen "a little while ago" …

Melvin Belli has suggested, relying on his own experience as an attorney, that sex between a lawyer and his client is the "lawyer's prerogative."  This statement stresses the power imbalance implicit in many attorney-client relationships, and implies that sexuality is up to the lawyer as the more powerful member of the dyad.  Belli's position is also characteristic of the unique perspective through  which lawyers commonly view their practice.  Many attorneys believe that as long as the lawyer performs adequately in the courtroom, his indiscriminate behavior  in the bedroom does no wrong, nor, in technical terms, breaches any fiduciary duty.