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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 ...


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 ...


An Evidentiary Oddity: “Careful Habit” -- Does The Law Of Evidence Embrace This Archaic/Modern Concept?, Marc D. Ginsberg 2016 John Marshall Law School

An Evidentiary Oddity: “Careful Habit” -- Does The Law Of Evidence Embrace This Archaic/Modern Concept?, Marc D. Ginsberg

Marc D. Ginsberg

The concept of the “careful habit”[i] is intriguing. The law of evidence vigorously distinguishes between character evidence (largely inadmissible)[ii] and habit evidence (presumptively admissible).[iii] Character is understood as a propensity to act in a certain fashion[iv]—a person’s disposition. Habit is understood as non-volitional, repetitive specific conduct, in response to stimuli, over a rather lengthy period of time.[v] “Carefulness” is known by the law as a character trait.[vi] Carefulness should not be confused with habit, yet this confusion has occurred in multiple jurisdictions, many years ago and recently. This paper seeks to explore ...


When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell 2016 Northwestern University School of Law

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.


Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich 2016 SMU Dedman School of Law

Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich

Washington and Lee Law Review Online

No abstract provided.


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 2016 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 ...


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 ...


Managing Fear-Based Derogation In Murder Trials, John Rafael Perez 2016 Notre Dame Law School

Managing Fear-Based Derogation In Murder Trials, John Rafael Perez

Journal of Legislation

No abstract provided.


The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi 2016 Brooklyn Law School

The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets; protects consumers; and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades; and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010; the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without ...


The Dual Meaning Of Evidence-Based Judicial Review Of Legislation, Ittai Bar-Siman-Tov 2016 Bar-Ilan University

The Dual Meaning Of Evidence-Based Judicial Review Of Legislation, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article contributes to the nascent debate about the globally emerging, yet largely undefined, phenomenon of evidence-based judicial review of legislation, by offering a novel conceptualization of evidence-based judicial review.

It argues that evidence-based judicial review can have two related, but very different, meanings: one in which the judicial decision determining constitutionality of legislation is a product of independent judicial evidence-based decision-making; and the other in which the judicial decision on constitutionality of legislation focuses on evidence about the question of whether the legislation was a product of legislative evidence-based decision-making. 

The article then employs this novel insight about the ...


Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto 2016 Nevada Law Journal

Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto

Nevada Supreme Court Summaries

The Court found that the district court did not err when it found no violation of NRS 172.145(2). The Court interpreted NRS 172.145(2), which creates a duty on district attorneys to submit evidence to a grand jury if they are “aware” it will “explain away the charge.” The Court determined that a district attorney must be “aware” evidence has exculpatory value before there is a duty to present the evidence to a grand jury. The district attorney is not obligated to present exculpatory evidence it possesses but does not recognize as exculpatory. In the case at ...


Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul DeWolfe, Renée M. Hutchins, Jesse M. Lachman 2016 University of Maryland Francis King Carey School of Law

Brief Of Appellant, Mark Andrew Matthews V. State Of Maryland, No. 327, Paul Dewolfe, Renée M. Hutchins, Jesse M. Lachman

Court Briefs

No abstract provided.


The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins 2016 University of Kansas

The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins

Ira P. Robbins

No abstract provided.


Managing The Unmanageable: A Brief Accounting Of A Special Master’S Thirty Years Of Experience In Complex Litigation, Paul Rice 2016 American University Washington College of Law

Managing The Unmanageable: A Brief Accounting Of A Special Master’S Thirty Years Of Experience In Complex Litigation, Paul Rice

Ann Shalleck

Managing an efficient, but fair, pretrial process in a large and complex case has always been a challenge. With the advent of electronic communications and the corresponding explosion of privilege claims, this challenge has become significantly more difficult. Indeed, it is not uncommon for corporate parties to assert tens of thousands, if not hundreds of thousands, of privilege claims. Furthermore, the resolution of these privilege questions is often compounded by difficult choice of law questions that can have the result of different substantive principles being applied to identical discovery demands originating in different jurisdictions. Additionally, before addressing the increasingly voluminous ...


Rules Of Evidence In Cases Involving Lack Of Discretion, Msgr. Joseph G. Goodwine 2016 St. John's University School of Law

Rules Of Evidence In Cases Involving Lack Of Discretion, Msgr. Joseph G. Goodwine

The Catholic Lawyer

No abstract provided.


Oral Tradition And The Kennewick Man, Cathay Y. N. Smith 2016 Alexander Blewett III School of Law at the University of Montana

Oral Tradition And The Kennewick Man, Cathay Y. N. Smith

Faculty Law Review Articles

No abstract provided.


Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan 2016 University of New Hampshire School of Law

Daubert's Significance, Thomas G. Field Jr., Colleen M. Keegan

RISK: Health, Safety & Environment

The authors review and note the limited reach of Daubert v. Merrell Dow Pharmaceuticals. They also address its implications for concerned non-lawyers.


Brief Of Appellant, James Goss V. State Of Maryland, No. 669, Paul DeWolfe, Renée M. Hutchins, Lisa M. Johnson 2016 University of Maryland Francis King Carey School of Law

Brief Of Appellant, James Goss V. State Of Maryland, No. 669, Paul Dewolfe, Renée M. Hutchins, Lisa M. Johnson

Court Briefs

No abstract provided.


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