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Law and Psychology

Selected Works

Selected Works

2013

Articles 1 - 12 of 12

Full-Text Articles in Law

12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon Nov 2013

12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon

Thomas D. Lyon

Most professionals know that many alleged victims do not disclose abuse when formally interviewed and that disclosure is affected by a variety of factors, among which the relationship between suspects and children appears to be especially important (see Pipe, Lamb, Orbach, & Cederborg, 2007, for reviews). Children––especially boys and preschoolers––are hesitant to report abuse by parents and guardians, particularly when sexual rather than physical abuse is suspected. For example, Pipe, Lamb, Orbach, Stewart, Sternberg, and Esplin (2007) reported that only 38% of the preschoolers interviewed disclosed sexual abuse by a parent even when the allegations were independently substantiated by corroborative …

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31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon Sep 2013

31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Little is known about how the dynamics of sexual abuse and disclosure are discussed in criminal court. We examined how attorneys ask child witnesses in sexual abuse cases (N #1; 72, 6–16 years of age) about their prior conversations, both with suspects and with disclosure recipients. Prosecutors’ questions were more open-ended than defense attorneys, but most questions asked by either attorney were yes/no questions, and children tended to provide unelaborated responses. Prosecutors were more inclined to ask about children’s prior conversations with suspects than defense attorneys, but focused on the immediate abuse rather than on grooming behavior or attempts to …

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“Are There No Prisons?” Mental Health And The Criminal Justice System In The United States, Robert R. Rigg Sep 2013

“Are There No Prisons?” Mental Health And The Criminal Justice System In The United States, Robert R. Rigg

Robert R. Rigg

Treating the mentally ill is a crisis in the criminal justice system throughout the United States. With the deinstitutionalization movement starting in the 1950’s, more and more individuals with serious mental illness were released into communities without treatment or services. As a result these individuals became involved in various criminal activities resulting in incarceration in jails and prisons throughout the country. This article explores the difficulties this influx of prisoners created in the criminal justice system, causing it to function as a defacto mental health provider without adequate resources. The application of Penrose’s Law, a theory that was developed …

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30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon Aug 2013

30. Facilitating Maltreated Children's Use Of Emotional Language., Elizabeth C. Ahern, Thomas D. Lyon

Thomas D. Lyon

This study examined the effects of rapport (emotional, National Institute of Child Health and Human Development [NICHD]) and prompt type (what-next, cued-action, cued-emotion, what-think) on one hundred forty-two 4-9-year-old maltreated children's spontaneous and prompted emotional language.  Children in the emotional-rapport condition narrated the last time they felt good and the last time they felt bad on the playground. Children in the NICHD-rapport condition narrated their last birthday party and what happened yesterday. Following rapport, all children were presented a series of story stems about positive and negative situations. Emotional-rapport minimally affected children’s use of emotional language. Cued-emotion prompts were most …

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The Legitimacy Of Crimmigration Law, Juliet P. Stumpf Aug 2013

The Legitimacy Of Crimmigration Law, Juliet P. Stumpf

Juliet P Stumpf

Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been hailed as the lynchpin for successful political compromise on immigration reform. Yet crimmigration law’s unprecedented approach to interior immigration and criminal law enforcement threatens to undermine public belief in the fairness of immigration law. This Article uses pioneering social science research to explore people’s perceptions of the legitimacy of crimmigration law. According to Tom Tyler and other compliance scholars, perceptions about procedural justice—whether people perceive authorities as acting fairly—are often more important than a favorable outcome such as winning the case or avoiding arrest. Legal …

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29. Young Children’S Understanding That Promising Guarantees Performance: The Effects Of Age And Maltreatment., Thomas D. Lyon, Angela D. Evans Jul 2013

29. Young Children’S Understanding That Promising Guarantees Performance: The Effects Of Age And Maltreatment., Thomas D. Lyon, Angela D. Evans

Thomas D. Lyon

Two studies, with 102 nonmaltreated 3- to 6-year-old children and 96 maltreated 4- to 7-year-old children, examined children’s understanding of the relative strengths of “I promise,” “I will,” “I might,” and “I won’t,” to determine the most age-appropriate means of eliciting a promise to tell the truth from child witnesses. Children played a game in which they chose which of 2 boxes would contain a toy after hearing story characters make conflicting statements about their intent to place a toy in each box (e.g., one character said “I will put a toy in my box” and the other character said …

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16. Child Witnesses And Imagination: Lying, Hypothetical Reasoning, And Referential Ambiguity., Thomas D. Lyon Jul 2013

16. Child Witnesses And Imagination: Lying, Hypothetical Reasoning, And Referential Ambiguity., Thomas D. Lyon

Thomas D. Lyon

Children's resistance to unpleasant hypotheticals undermines their apparent understanding of the truth and lies. Better understanding of children's developmental limitations, improved questioning, and objections to developmentally insensitive questions could improve children's performance.

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Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill Jul 2013

Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill

David S Caudill

No abstract provided.

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September 11th: Pro Bono And Trauma, Marjorie A. Silver Jun 2013

September 11th: Pro Bono And Trauma, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

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Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland Apr 2013

Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland

Ayriel Bland

In 2002, No Child Left Behind (NCLB) was passed under President George W. Bush with the goal of increasing academic proficiency for all children in the United States by 2014. Yet, many states struggled to meet this goal and the Secretary of the U.S. Department of Education allowed states to apply for waivers and bypass the 2014 deadline. Some states implemented waivers though race-based achievement standards. For example, Florida in October 2012, established that by 2018, 74 percent of African American and 81 percent of Hispanic students had to be proficient in math and reading, in comparison to 88 percent …

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Understanding The Cycle Of Procrastination, Meehan Rasch Dec 2012

Understanding The Cycle Of Procrastination, Meehan Rasch

Meehan Rasch

Procrastination is one of the enduring challenges of human existence, as well as one of the chief problems with which law students struggle. Understanding the cycle of procrastination can help law professors and advisors more constructively address students’ issues in this area—not to mention our own.

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Empathy For Psychopaths: Using Fmri Brain Scans To Plea For Leniency In Death Penalty Cases, Kimberly D. Phillips Dec 2012

Empathy For Psychopaths: Using Fmri Brain Scans To Plea For Leniency In Death Penalty Cases, Kimberly D. Phillips

Kimberly D Phillips

Most of the public agrees that society is safer without psychopaths.
However, a new sentencing strategy for psychopaths facing the death
penalty has erupted from both mental health researchers and defense
lawyers-imploring juries to view a defendant's psychopathy as a
consideration of sentencing mitigation, and, consequently, urging juries to
impose life imprisonment instead of the death penalty.

This article explains the frightening nature of psychopaths, how
neuroscience and neuroimaging intersects with the study of psychopathy,
and, specifically, whether an fiMRI brain scan is appropriate mitigating
evidence in death penalty sentencing hearings when the convicted
defendant is a diagnosed psychopath.

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