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Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts, Zsofia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon 2017 University of London

Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts, Zsofia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the effects of credibility-challenging questions (n = 2,729) on 62 5- to 17-year-olds’ testimony in child sexual abuse cases in Scotland by categorizing the type, source, and content of the credibility-challenging questions defence lawyers asked and assessing how children responded. Credibility-challenging questions comprised 14.9% of all questions asked during cross-examination. Of defence lawyers’ credibility-challenging questions, 77.8% focused generally on children’s honesty, whereas the remainder referred to specific inconsistencies in the children’s testimony. Children resisted credibility challenges 54% of the time, significantly more often than they provided compliant responses (26.8%). The tendency to ...


The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel 2017 University of New Mexico School of Law

The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel

Barbara L Creel

Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it ...


The Effects Of The Putative Confession And Parent Suggestion On Children's Disclosure Of A Minor Transgression, Elizabeth B. Rush, Stacia N. Stolzenberg, J A. Quas, Thomas D. Lyon 2017 University of California, Irvine

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

University of Southern California Legal Studies Working Paper Series

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 ...


The Productivity Of Wh- Prompts When Children Testify, Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon 2017 University of Cambridge

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

University of Southern California Legal Studies Working Paper Series

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 ...


What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull 2017 University of Maine School of Law

What Constitutes "Custody" Under Miranda?: An Examination Of Maine's Test As Applied In State V. Kittredge, Elizabeth L. Tull

Maine Law Review

In recent years, the Maine Supreme Judicial Court, sitting as the Law Court, has issued several opinions addressing whether a defendant’s statements are admissible when made to law enforcement in the absence of “Miranda warnings.” These cases have similar features: a defendant made a personally incriminating statement; raised an appeal arguing that Miranda warnings should have been, but were not, read to him or her; and the Court—in many cases—determined that the defendant was not technically in police custody, and thus there was no requirement to recite Miranda warnings to him or her. Miranda warnings are an ...


State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark Rucci 2017 University of Maine School of Law

State V. Lovejoy: Should Pre-Arrest, Pre-Miranda Silence Be Admissible During The State's Case-In-Chief As Substantive Evidence Of Guilt?, Mark Rucci

Maine Law Review

Article 1, section 6 of Maine Constitution reads in part that “[t]he accused shall not be compelled to give evidence against himself or herself, nor be deprived of life, liberty, property, or privileges . . . .” Further, the Law Court has held that “the State constitutional protection against self-incrimination is the equivalent of the Fifth Amendment." However, as with most provisions of the Constitution, the protection against self-incrimination is open to interpretation. While the Supreme Court has answered some questions surrounding the Fifth Amendment’s protections, it has left many decisions regarding its scope largely within the purview of the states. As ...


Common Sense And The Law Of "Voluntary" Confessions: An Essay, John C. Sheldon 2017 University of Maine School of Law

Common Sense And The Law Of "Voluntary" Confessions: An Essay, John C. Sheldon

Maine Law Review

By admitting to the police Inspector that he murdered two people, Raskolnikov delivers literature's mist famous criminal confession. The Inspector has done virtually nothing to procure the confession; all he did was tell Raskolnikov that he knows Raskolnikov committed the murder. The marvel of the Crime and Punishment is its exploration of Raskolnikov's relentless, multi-faceted conscience, which alone drives him to admit his guilt. Would Raskolnikov's confession be admissible under Maine law? It depends. Here, from its 2013 decision in State v. Wiley,2 is how the Maine Supreme Judicial Court, sitting as the Law Court, states ...


Investigative Interviewing Of The Child, Thomas D. Lyon 2017 University of Southern California

Investigative Interviewing Of The Child, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This chapter reviews best practice interviewing for legal practitioners and others who work with children.


Spatial Language, Question Type, And Young Children's Ability To Describe Clothing: Legal And Developmental Implications, Stacia N. Stolzenberg, Kelly McWilliams, Thomas D. Lyon 2017 Arizona State University

Spatial Language, Question Type, And Young Children's Ability To Describe Clothing: Legal And Developmental Implications, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s descriptions of clothing placement and touching with respect to clothing are central to assessing child sexual abuse allegations. This study examined children’s ability to answer the types of questions attorneys and interviewers typically ask about clothing, using the most common spatial terms (on/off, outside/inside, over/under). Ninety-seven 3- to 6-year-olds were asked yes/no (e.g. “Is the shirt on?”), forced-choice (e.g., “Is the shirt on or off?”), open-choice (e.g., “Is the shirt on or off or something else?”), or where questions (e.g., “Where is the shirt?”) about clothing using a human ...


Strict Liability's Criminogenic Effect, Paul H. Robinson 2017 University of Pennsylvania Law School

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails ...


The President's Role In Advancing Criminal Justice Reform, Barack Obama 2017 President of the United States

The President's Role In Advancing Criminal Justice Reform, Barack Obama

U.S. Department of Justice Publications and Materials

Criminal justice is a complex system, administered at all levels of government and shaped by a range of actors. Thanks to the dedicated efforts of so many in my Administration, the bipartisan push for reform from federal, state, and local officials, and the work of so many committed citizens outside government, America has made important strides. We have reduced overlong sentences for offenders and removed barriers for those with criminal records. We have made progress in helping people, especially young people, avoid getting entangled in the justice system in the first place. This Commentary talks about those achievements — and the ...


Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya 2017 Mzumbe University

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal on Sexual Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...


Redefining Particularly Serious Crimes In Refugee Law, Mary Holper 2016 Boston College

Redefining Particularly Serious Crimes In Refugee Law, Mary Holper

Mary Holper

This article explores the term “particularly serious crime (“PSC”),” which is a bar to refugee protection under both U.S. and international law. I examine the evolution of the PSC bar to refugee protection in U.S. law, which, since its introduction in 1980, has broadened to sweep in numerous crimes, leaving many noncitizens vulnerable to deportation without any consideration of their claims to refugee protection. I propose a PSC definition that includes only violent crimes, i.e., those involving actual or threatened physical injury to a person, where the noncitizen served a significant sentence, i.e., five years. The ...


Leavitt V. State, 132 Nev. Adv. Op. 83 (Dec. 29, 2016) (Per Curiam), Brent Resh 2016 Nevada Law Journal

Leavitt V. State, 132 Nev. Adv. Op. 83 (Dec. 29, 2016) (Per Curiam), Brent Resh

Nevada Supreme Court Summaries

The Court expressly repudiated the Ninth Circuit’s interpretation of Nevada law in Riley v. McDaniel and therefore found that Riley cannot serve as the basis for an argument that good cause exists to overcome a procedural default in filing a petition for a writ of habeas corpus.


Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross 2016 University of Puget Sound

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...


Paved With Good Intentions: Title Ix Campus Sexual Assault Proceedings And The Creation Of Admissible Victim Statements, Sara F. Dudley 2016 Golden Gate University School of Law

Paved With Good Intentions: Title Ix Campus Sexual Assault Proceedings And The Creation Of Admissible Victim Statements, Sara F. Dudley

Golden Gate University Law Review

This Comment argues that campuses should, in the course of their Title IX proceedings, ensure that anyone who takes a potentially admissible statement from a survivor has received trauma-informed interview training. Trauma-informed interviewing acknowledges the physiological effect of trauma on survivors, the impact that it can have on their ability to recall facts and details, and the limits and possibilities of obtaining information from such witnesses. In addition, campuses should limit the number of individuals who take statements from survivors and record the victim’s statements. These improvements will create statements of higher evidentiary quality. It will also mitigate the ...


Waiver Of Immunity - Public Officials, Robert E. Parella 2016 St. John's University School of Law

Waiver Of Immunity - Public Officials, Robert E. Parella

The Catholic Lawyer

No abstract provided.


Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Samuel J. Levine, Bruce A. Green 2016 Touro Law Center

Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Samuel J. Levine, Bruce A. Green

Samuel J. Levine

Although courts have traditionally relied primarily on prosecutors’ individual self-restraint and institutional self-regulation to curb prosecutors’ excesses and redress their wrongdoing, aspects of prosecutors’ conduct can be regulated externally as well. One potential source of external regulation is professional discipline. As lawyers, prosecutors are regulated by state courts, which oversee processes for disciplining lawyers who engage in misconduct. In responding to prosecutors’ wrongdoing, courts generally express a preference for professional discipline over civil liability, which is limited by principles of absolute and qualified immunity. Likewise, courts favor professional discipline over adjudicatory remedies such as reversal of criminal convictions or suppression ...


Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses "Do You Know/Remember" Questions, Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon 2016 Brock University

Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses "Do You Know/Remember" Questions, Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

“Do you know” and “Do you remember” (DYK/R) questions explicitly ask whether one knows or remembers some information while implicitly asking for that information. This study examined how 104 4- to 9-year-old children testifying in child sexual abuse cases responded to DYK/R wh- and yes/no questions. When asked DYK/R questions containing an implicit wh- question requesting information, children often provided unelaborated “Yes” responses. Attorneys’ follow-up questions suggested that children usually misunderstood the pragmatics of the questions. When DYK/R questions contained an implicit yes/no question, unelaborated “Yes” or “No” responses could be responding to the ...


Why Arrest?, Rachel A. Harmon 2016 University of Virginia School of Law

Why Arrest?, Rachel A. Harmon

Michigan Law Review

Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the power to arrest is essential to policing. As a result, neither commentators nor scholars have asked why police need to make arrests. This Article takes up that question, and it argues that the power to arrest and the use of that power should be curtailed. The twelve million arrests police conduct each year are harmful not only to the individual arrested but also to their families and communities and to society as ...


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