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Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse 2016 University of Pennsylvania Law School

Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse

Faculty Scholarship

This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the neuroscientific ...


"Where Were Your Clothes?" Eliciting Descriptions Of Clothing Placement From Children Alleging Sexual Abuse In Criminal Trials And Forensic Interviews, Stacia N. Stolzenberg, Thomas D. Lyon 2016 Arizona State University

"Where Were Your Clothes?" Eliciting Descriptions Of Clothing Placement From Children Alleging Sexual Abuse In Criminal Trials And Forensic Interviews, Stacia N. Stolzenberg, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Purpose: The present study examined how children alleging sexual abuse are asked about clothing placement during abusive episodes, both in criminal trials and forensic interviews. The placement of clothing is of great importance, because it facilitates distinguishing abusive touch from non-abusive touch, as well as the severity of abuse when the touching is in fact sexual. If clothing has not been removed, then sexual abuse appears less likely and certain types of sexual contact are physically impossible (or at least highly improbable). Methods: We examined how trial attorneys (n = 142) and forensic interviewers in investigative interviews (n = 155) questioned 5- ...


Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas 2016 Florida International University

Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

The underlying reasons for recantation in children’s disclosure of child sexual abuse (CSA) have been debated in recent years. In the present study, we examined the largest sample of substantiated CSA cases involving recantations to date (n = 58 cases). We specifically matched those cases to 58 non-recanters on key variables found to predict recantation in prior research (i.e., child age, alleged parent figure perpetrator, caregiver unsupportiveness). Bivariate analyses revealed that children were less likely to recant when they were (1) initially removed from home post-disclosure, and (2) initially separated from siblings post-disclosure. Multivariate analyses revealed that children were ...


Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy 2016 Villanova University Charles Widger School of Law

Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy

Villanova Law Review

No abstract provided.


#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan 2016 Villanova University Charles Widger School of Law

#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan

Villanova Law Review

No abstract provided.


Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye 2016 Catholic University of America, Columbus School of Law

Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye

Catholic University Journal of Law and Technology

No abstract provided.


The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton 2016 Cloudigy Law PLLC

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.


Indiana Rules Of Evidence, Ivan E. Bodensteiner 2016 Valparaiso University

Indiana Rules Of Evidence, Ivan E. Bodensteiner

Ivan E. Bodensteiner

No abstract provided.


Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner 2016 Valparaiso University

Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner

Ivan E. Bodensteiner

No abstract provided.


Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner 2016 Valparaiso University

Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner

Ivan E. Bodensteiner

No abstract provided.


Indiana Rules Of Evidence, Ivan E. Bodensteiner 2016 Valparaiso University

Indiana Rules Of Evidence, Ivan E. Bodensteiner

Ivan E. Bodensteiner

No abstract provided.


52 Malloy Child Maltreatment Family Influences In Press.Pdf, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Jodi A. Quas, Thomas D. Lyon 2016 Florida International University, Miami

52 Malloy Child Maltreatment Family Influences In Press.Pdf, Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

The underlying reasons for recantation in children’s disclosure of child sexual abuse (CSA) have been debated in recent years. In the present study, we examined the largest sample of substantiated CSA cases involving recantations to date (n = 58 cases). We specifically matched those cases to 58 non-recanters on key variables found to predict recantation in prior research (i.e., child age, alleged parent figure perpetrator, caregiver unsupportiveness). Bivariate analyses revealed that children were less likely to recant when they were (1) initially removed from home post-disclosure, and (2) initially separated from siblings post-disclosure. Multivariate analyses revealed that children were ...


52. Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases., Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Jodi A. Quas, Thomas D. Lyon 2016 Florida International University, Miami

52. Familial Influences On Recantation In Substantiated Child Sexual Abuse Cases., Lindsay C. Malloy, Allison P. Mugno, Jillian R. Rivard, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

The underlying reasons for recantation in children’s disclosure of child sexual abuse (CSA) have been debated in recent years. In the present study, we examined the largest sample of substantiated CSA cases involving recantations to date (n = 58 cases). We specifically matched those cases to 58 non-recanters on key variables found to predict recantation in prior research (i.e., child age, alleged parent figure perpetrator, caregiver unsupportiveness). Bivariate analyses revealed that children were less likely to recant when they were (1) initially removed from home post-disclosure, and (2) initially separated from siblings post-disclosure. Multivariate analyses revealed that children were ...


Legal Considerations Of Forensic Applications Of Epidemiology In The United States.Pdf, Alani Golanski 2016 Weitz & Luxenberg, P.C.

Legal Considerations Of Forensic Applications Of Epidemiology In The United States.Pdf, Alani Golanski

Alani Golanski

Historically, courts have simultaneously resisted and embraced extra-legal expertise. Opinion testimony rooted in expertise beyond the ken of the average lay juror carries with it an aura of authoritativeness in tension with the jury’s fact-finding mission. This chapter addresses this tension, and the judicial treatment of expert scientific and technical evidence, as it evolved during the pre- and post-Frye period, and then under the Federal Rules of Evidence and the Daubert line of cases. Courts have ruled heterogeneously in relation to the growing list of Daubert factors available to inform their gatekeeping task regarding the admissibility of expert ...


"Virtual Certainty" In A Digital World: The Sixth Circuit's Application Of The Private Search Doctrine To Digital Storage Devices In United States V. Lichtenberger, Stephen Labrecque 2016 Boston College Law School

"Virtual Certainty" In A Digital World: The Sixth Circuit's Application Of The Private Search Doctrine To Digital Storage Devices In United States V. Lichtenberger, Stephen Labrecque

Boston College Law Review

In 2015 in United States v. Lichtenberger, the U.S. Court of Appeals for the Sixth Circuit held that police violated the Fourth Amendment by exceeding the scope of a private search of computer files. This decision deviated from holdings of the U.S. Courts of Appeals for the Fifth and Seventh Circuits, which held that under the private search doctrine, police could more thoroughly search digital devices that were previously searched by a private party. The Sixth Circuit created a circuit split by failing to apply the closed container approach to the digital storage devices in Lichtenberger. This Comment ...


Attorney Questions Predict Jury-Eligible Adult Assessments Of Attorneys, Child Witnesses, And Defendant Guilt, Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon 2016 Florida International University

Attorney Questions Predict Jury-Eligible Adult Assessments Of Attorneys, Child Witnesses, And Defendant Guilt, Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children are often the primary source of evidence in maltreatment cases, particularly cases of child sexual abuse, and may be asked to testify in court. Although best-practice protocols for interviewing children suggest that interviewers ask open-ended questions to elicit detailed responses from children, during in-court testimony, attorneys tend to rely on closed-ended questions that elicit simple (often “yes” or “no”) responses (e.g., Andrews, Lamb, & Lyon, 2015; Klemfuss, Quas, & Lyon, 2014). How then are jurors making decisions about children’s credibility and ultimately the case outcome? The present study examined the effect of two attorney-specific factors (e.g., temporal structure and questioning ...


Maltreated Children's Ability To Make Temporal Judgments Using A Recurring Landmark Event, Kelly McWilliams, Thomas D. Lyon, J A. Quas 2016 University of Southern California Law School

Maltreated Children's Ability To Make Temporal Judgments Using A Recurring Landmark Event, Kelly Mcwilliams, Thomas D. Lyon, J A. Quas

University of Southern California Legal Studies Working Paper Series

This study examined whether maltreated children are capable of judging the location and order of significant events with respect to a recurring landmark event. 167 6- to 10-year-old maltreated children were asked whether the current day, their last court visit, and their last change in placement were “near” their birthday and “before or after” their birthday. Children showed some understanding that the target event was “near” and “before” their birthday when their birthday was less than three months hence, but were relatively insensitive to preceding birthdays. Hence, children exhibited a prospective bias, preferentially answering with reference to a forthcoming birthday ...


Lost In A Maze Of Character Evidence: How The Federal Courts Lack A Cohesive Approach To Applying Federal Rule Of Evidence 404(B) In Drug Distribution Cases, Brian Byrne 2016 Pace University School of Law

Lost In A Maze Of Character Evidence: How The Federal Courts Lack A Cohesive Approach To Applying Federal Rule Of Evidence 404(B) In Drug Distribution Cases, Brian Byrne

Pace Law Review

The admission of a criminal defendant’s prior bad acts can be a powerful tool for attaining a conviction. The federal courts are currently divided as to whether the defendant’s prior drug use is admissible under Rule 404(b) of the Federal Rules of Evidence when the defendant is charged with distributing a controlled dangerous substance.

Part I of this Comment will briefly explore the historical roots of Rule 404(b). Part II will examine the permissible purposes for admitting prior bad acts under Rule 404(b). Part III will discuss the circuit split that has developed as to ...


Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger 2016 Touro College Jacob D. Fuchsberg Law Center

Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger

Touro Law Review

No abstract provided.


State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad 2016 Nevada Law Journal

State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad

Nevada Supreme Court Summaries

Defendant Deangelo Carroll appealed from a conviction for conspiracy to commit murder and first-degree murder with use of a deadly weapon. The Supreme Court of Nevada found the district court erred in denying Carroll’s motion to suppress his statements to police because the police subjected Carroll to a custodial interrogation, without advising him of his Miranda rights. The Court affirmed however, finding the error harmless beyond a reasonable doubt.


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