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Full-Text Articles in Law

Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan Aug 2007

Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan

Darius Whelan

This paper concentrates on fitness for trial in the District Court and deals with the topic under two main headings: firstly, how does the District Court determine fitness for trial and secondly, the consequences of a finding of unfitness for trial. Ireland's Criminal Law (Insanity) Act 2006 introduced significant reforms to this area of law, and the implications for the District Court are reviewed.


14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas Apr 2007

14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas

Thomas D. Lyon

Objective: Controversy abounds regarding the process by which child sexual abuse victims disclose their experiences, particularly the extent to which and the reasons why some children, once having disclosed abuse, later recant their allegations. This study examined the prevalence and predictors of recantation among 2- to 17-year-old child sexual abuse victims. Method: Case files (n = 257) were randomly selected from all substantiated cases resulting in a dependency court filing in a large urban county between 1999 and 2000. Recantation (i.e., denial of abuse postdisclosure) was scored across formal and informal interviews. Cases were also coded for characteristics of the …


10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon Jan 2007

10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon

Thomas D. Lyon

When Roland Summit published his paper on child sexual abuse accommodation (Summit, 1983), the notion that sexually abused children disclose abuse only reluctantly and ambivalently was thought "so basic that it contributed nothing new to the literature" (Summit, 1992, p. 155). Summit's paper was neither original research nor a systematic review of research, and he emphasized that his conclusions were largely based on his work as a clinical consultant and "endorsements" from professionals, victims, and their families (Summit, 1983, p. 180).


Mental Health Parity Laws, Louis Graham, Kisha Braithwaite Dec 2006

Mental Health Parity Laws, Louis Graham, Kisha Braithwaite

Louis F Graham

Mental illnesses and disorders affect many people around the world annually, but unfortunately infrastructures and systems are not in place to adequately address these issues as much as they are for somatic diseases and ailments. Mental Health Parity Law seeks to equalize and improve available and accessible mental health treatment with medical care by mandating insurance and payment provisions. Mental Health Parity Law exists at federal and most state levels, however, federal and many state laws are not as inclusive and comprehensive as is necessary to fully reap the benefits of increased quality and affordable mental healthcare.


7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna Dec 2006

7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna

Thomas D. Lyon

In Crawford v. Washington and Davis v. Washington, the United States Supreme Court profoundly changed how hearsay statements are analyzed under the Confrontation Clause. If a hearsay statement is “testimonial,” then the statement cannot be admitted against a criminal defendant unless the defendant had the opportunity to cross-examine the hearsay declarant. Testimonial statements include many, if not most, statements to law enforcement, particularly if elicited through structured interviews and captured on tape. The full reach of the “testimonial” concept, however, has not been determined.


2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon Dec 2006

2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.