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Evidence

Selected Works

2011

Articles 1 - 5 of 5

Full-Text Articles in Psychology

25. Maltreated Children’S Ability To Estimate Temporal Location And Numerosity Of Placement Changes And Court Visits., Lindsay Wandrey, Thomas D. Lyon, Jodi A. Quas, William J. Friedman Sep 2011

25. Maltreated Children’S Ability To Estimate Temporal Location And Numerosity Of Placement Changes And Court Visits., Lindsay Wandrey, Thomas D. Lyon, Jodi A. Quas, William J. Friedman

Thomas D. Lyon

Research examining children’s temporal knowledge has tended to utilize brief temporal intervals and singular, neutral events, and is not readily generalizable to legal settings in which maltreated children are asked temporal questions about salient, repeated abuse that often occurred in the distant past. To understand how well maltreated children can describe temporal location and numerosity of documented, personal experiences, we assessed 167 6- to 10-year-old maltreated children’s temporal memory for changes in their living arrangements and prior visits to court. Small percentages of children were capable of providing exact temporal location information (age, month, or season) regarding their first or …

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Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan Aug 2011

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …

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24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich Jul 2011

24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich

Thomas D. Lyon

We describe a Bayesian approach to evaluating children’s abuse disclosures and review research demonstrating that children’s disclosure of genital touch can be highly probative of sexual abuse, with the probative value depending on disclosure spontaneity and children’s age. We discuss how some commentators understate the probative value of children’s disclosures by: confusing the probability of abuse given disclosure with the probability of disclosure given abuse, assuming that children formally questioned about sexual abuse have a low prior probability of sexual abuse, misstating the probative value of abuse disclosure, and confusing the distinction between disclosure and nondisclosure with the dstinction between …

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15. Assessing The Competency Of Child Witnesses: Best Practice Informed By Psychology And Law., Thomas D. Lyon Jun 2011

15. Assessing The Competency Of Child Witnesses: Best Practice Informed By Psychology And Law., Thomas D. Lyon

Thomas D. Lyon

Truth-lie competency, which concerns the child's understanding of the difference between truth and lies and the importance of telling the truth, can be demonstrated by asking the child whether simple statements are the truth, and by asking the child to promise to tell the truth. Tests of children's truth-lie competency do not predict honesty, but eliciting a child's promise to tell the truth does increase honesty.

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23. Assessing Children’S Competency To Take The Oath In Court: The Influence Of Question Type On Children’S Accuracy., Angela D. Evans, Thomas D. Lyon Dec 2010

23. Assessing Children’S Competency To Take The Oath In Court: The Influence Of Question Type On Children’S Accuracy., Angela D. Evans, Thomas D. Lyon

Thomas D. Lyon

This study examined children’s accuracy in response to truth–lie competency questions asked in court.The participants included 164 child witnesses in criminal child sexual abuse cases tried in Los AngelesCounty over a 5-year period (1997–2001) and 154 child witnesses quoted in the U.S. state and federalappellate cases over a 35-year period (1974 –2008). The results revealed that judges virtually never foundchildren incompetent to testify, but children exhibited substantial variability in their performance based on question-type. Definition questions, about the meaning of the truth and lies, were the most difficultlargely due to errors in response to “Do you know” questions. Questions about …

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