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Full-Text Articles in Law

Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab Dec 2005

Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab

West Virginia Law Review

No abstract provided.


9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek Nov 2005

9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

THE POLICY FORUM “THE SCIENCE OF CHILD sexual abuse” by J. J. Freyd et al. (22 Apr., p. 501) provides an extremely important call to action to the scientific community.  In 1999, James Mercy, Senior Scientist at the U.S. Centers for Disease Control and Prevention, noted the importance of viewing child sexual abuse with “new eyes” (1).  The implementation of Freyd et al.’s policy recommendations would help us to do this.  For too long, the fact that the topic makes us uneasy has caused too many of us to avert our eyes. But what if child sexual abuse were a …


10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon Nov 2005

10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon

Thomas D. Lyon

In a study of the ability to reconstruct the times of past events, 86 children from 4 to 13 years recalled the times of 2 in-class demonstrations that had occurred 3 months earlier and judged the times of hypothetical events. Many of the abilities needed to reconstruct the times of events were present by 6 years, including the capacity to interpret many temporally relevant cues, but there were substantial changes well into middle childhood in the availability of temporally useful episodic information. Children were poor at remembering the events’ proximity or order with respect to a major holiday, but the …


Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain Oct 2005

Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain

All Faculty Scholarship

The United States Supreme Court's 1995 decision in Tome v. United States has read Federal Rule of Evidence 801(d)(1)(B) to prevent the prosecution's offering a child abuse victim's prior consistent statements as substantive evidence. As a result of that decision, the statements will also be inadmissible even for the limited purpose of helping to evaluate the credibility of a child, if there is a serious risk that the out-of-court statements would be used on the issue of guilt or innocence.

Moreover, after the Court's March 2004 decision in Crawford v. Washington, which redesigned the landscape of Confrontation Clause analysis, other …


7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro Aug 2005

7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro

Thomas D. Lyon

Approximately8%of children in the US have disabilities (US Census Bureau, 2002), and these children are more likely to be abused or neglected than their non-disabled peers. The studies that have identified this vulnerability have varied in methodology and sample, and yet the findings have been remarkably consistent. But much work still needs to be done to know the magnitude of the problem, and what professionals can do to help. We are writing to encourage researchers in the child maltreatment field to include children’s disability status in their studies of abuse and neglect. Below is a summary of what …


8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon Dec 2004

8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon

Thomas D. Lyon

Imagine that you are treating a child suffering from the effects of neglect. You do not suspect sexual abuse, and do not directly question the child about abuse, but she makes what sounds like anabuse disclosure. Or, you hear from another source (a sibling, for example, or a caretaker) that thechild has made statements hinting that she was abused. What should you do? If you decide to question the child, you may inadvertently suggest information. Even if you are careful to avoid
leading questions, you may later be attacked for contaminating the child=s story, given the inherent polarization …