When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
Nov 2017
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
John H. Blume
This Article examines the implications of emerging neuroscientific findings regarding empathy for capital trials. We have approached this task with caution because neuroscientists’ understanding of the human brain is still evolving. As with any new field, if neuroscience is completely trusted before it is thoroughly tested, there is a risk of embracing the new phrenology. Given the state of the research, our advice to defense lawyers is quite modest, but we believe that there are some important lessons for lawyers, judges, legislators, and other stakeholders in the capital punishment system.
Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski
Nov 2017
Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …
19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams
Nov 2017
19. Child Witnesses., Thomas D. Lyon, Kelly Mcwilliams, Shanna Williams
Thomas D. Lyon
In this chapter we provide an overview of psychological issues involving children’s capacities as witnesses. First, we discuss the kinds of cases in which children are usually involved. Across different courts, one most often sees children describing abuse at the hands of familiar adults. Second, we describe the difficulties children encounter in disclosing abuse, particularly when it is perpetrated by adults close to them. These dynamics lead most children to remain silent, and only the most forthcoming children to disclose. Third, we suggest a framework for assessing children’s allegations, in which child-generated and adult-generated information lie on opposite ends of …
61. The Relation Between Young Children’S False Statements And Response Latency, Executive Functioning, And Truth–Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon
Nov 2017
61. The Relation Between Young Children’S False Statements And Response Latency, Executive Functioning, And Truth–Lie Understanding., Shanna Williams, Elizabeth C. Ahern, Thomas D. Lyon
Thomas D. Lyon
This study examined relations between children’s false statements and response latency, executive functioning, and truth-lie understanding in order to understand what underlies children’s emerging ability to make false statements. A total of 158 (2- to 5-year-old) children earned prizes for claiming that they were looking at birds even when presented with images of fish. Children were asked recall (“what do you have?”), recognition (“do you have a bird/fish?”), and outcome (“did you win/lose?”) questions. Response latencies were greater when children were presented with fish pictures than bird pictures, particularly when they were asked recall questions, and were greater for false …
60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon
Nov 2017
60. The Effects Of Promising To Tell The Truth, The Putative Confession, And Recall And Recognition Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Jodi A. Quas, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
This study examined the utility of two interview instructions designed to overcome children’s reluctance to disclose transgressions: eliciting a promise from children to tell the truth and the putative confession (telling children that a suspect “told me everything that happened and wants you to tell the truth”). The key questions were whether the instructions increased disclosure in response to recall questions and in response to recognition questions that were less or more explicit about transgressions, and whether instructions were differentially effective with age. Two-hundred and seventeen 4- to 9-year-old maltreated and comparable non-maltreated children played with a stranger. This included …
Self-Injurious Behaviors In Prisons: A Nationwide Survey Of Correctional Mental Health Directors, Kenneth L. Appelbaum, Judith A. Savageau, Robert L. Trestman, Jeffrey L. Metzner
Sep 2017
Self-Injurious Behaviors In Prisons: A Nationwide Survey Of Correctional Mental Health Directors, Kenneth L. Appelbaum, Judith A. Savageau, Robert L. Trestman, Jeffrey L. Metzner
Judith A. Savageau
Self-injurious behavior (SIB) by inmates has serious health, safety, operational, security and fiscal consequences. Serious incidents require a freeze in normal facility operations. Injuries that need outside medical attention create additional security risks, including potential escape attempts. The interruption of normal operations, diversion of staff, cost of outside care, and drain on medical and mental health resources all have significant fiscal consequences. This session will present the results and implications of a survey of the Mental Health Directors in all 51 state and federal prison systems on the extent of SIB by inmates, including incidence and prevalence, adverse consequences, and …
The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones
Jun 2017
The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones
Renee Jones
This Article challenges corporate governance theorists’ standard assumptions regarding the rationality of business leaders. It reviews scholarly research that documents the presence of irrational actors among senior corporate managers and considers the impact these executives might have on corporations and society. The Article focuses analysis on psychological literature that explores why risk-related decision-making often goes wrong.
Research shows that many individuals have a dysfunctional approach to risk that leads them to engage in self-destructive conduct. A non-trivial number of individuals with problematic personality traits work at high levels of major corporations where they have the capacity to cause significant harm. …
59. Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversations, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
May 2017
59. Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversations, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 examined 345 maltreated 6- to …
I Share, Therefore It's Mine, Donald J. Kochan
Apr 2017
I Share, Therefore It's Mine, Donald J. Kochan
Donald J. Kochan
Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights …
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Apr 2017
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Donna M. Hughes
Sexual exploitation and violence are rampant throughout the world, and academics are rightly pushing the issue into the public eye through their research and articles. University of Rhode Island professor Donna M. Hughes is at the forefront of the movement with the launch of an online academic journal, “Dignity,” dedicated to publishing papers about sexual exploitation, violence and slavery. The journal is the first academic journal in the world to address global sexual exploitation and well on its way to success.
Legal Attitudes Of Immigrant Detainees, Emily Ryo
Feb 2017
Legal Attitudes Of Immigrant Detainees, Emily Ryo
Emily Ryo
A substantial body of research shows that people’s legal attitudes can have wide-ranging behavioral consequences. In this paper, I use original survey data to examine long-term immigrant detainees’ legal attitudes. I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other U.S. sample populations. I also find that the detainees’ perceived obligation to obey U.S. immigration authorities is significantly related to their evaluations of procedural justice, as measured by their assessments of fair treatment while in detention. This finding remains robust controlling for a variety of …
58. The Effects Of Secret Instructions And Yes/No Questions On Maltreated And Non-Maltreated Children’S Reports Of A Minor Transgression., Elizabeth C. Ahern, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Jan 2017
58. The Effects Of Secret Instructions And Yes/No Questions On Maltreated And Non-Maltreated Children’S Reports Of A Minor Transgression., Elizabeth C. Ahern, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
This study examined the effects of secret instructions (distinguishing between good/bad secrets and encouraging disclosure of bad secrets) and yes/no questions (DID: “Did the toy break?” versus DYR: “Do you remember if the toy broke?”) on 262 4- to 9- year old maltreated and nonmaltreated children’s reports of a minor transgression. Over two-thirds of children failed to disclose the transgression in response to free recall (invitations and cued invitations). The secret instruction increased disclosures early in free recall, but was not superior to no instruction when combined with cued invitations. Yes/no questions specifically asking about the transgression elicited disclosures from …
18. When Interviewing Children: A Review And Update., Karen J. Saywitz, Thomas D. Lyon, Gail S. Goodman
Jan 2017
18. When Interviewing Children: A Review And Update., Karen J. Saywitz, Thomas D. Lyon, Gail S. Goodman
Thomas D. Lyon
In this chapter, we highlight principles for interviewing children based on the best available science, understanding that such principles keep changing as new evidence accumulates and that gaps exist in the knowledge base where guidance is limited. Interviewers will need to stay abreast of new developments. First, we briefly describe the data base from which the tools derive--studies conducted in the laboratory and in the field. Then we discuss evidence-based interview tools and features of the interview about which there is sufficient empirical evidence and consensus to derive “toolboxes.” We discuss interview structure, setting, children’s reluctance and suggestibility, rapport development, …
Grasping Fatherhood In Abortion And Adoption.Pdf, Malinda L. Seymore
Dec 2016
Grasping Fatherhood In Abortion And Adoption.Pdf, Malinda L. Seymore
Malinda L. Seymore
Biology makes a mother, but it does not make a father. While a mother is a legal parent by reason of her biological relationship with her child, a father is not a legal parent unless he takes affirmative steps to grasp fatherhood. Being married to the mother at the time of conception or at the time of birth is one of those affirmative steps. But if he is not married to the mother, he must do far more before he will be legally recognized as a father. Biology is often presented as a sufficient reason for this dichotomy – it …
57. Spatial Language, Question Type, And Young Children’S Ability To Describe Clothing: Legal And Developmental Implications., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Dec 2016
57. Spatial Language, Question Type, And Young Children’S Ability To Describe Clothing: Legal And Developmental Implications., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
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 figurine, clothing, and stickers. Across question types, children generally did …
On Normative Effects Of Immigration Law.Pdf, Emily Ryo
Dec 2016
On Normative Effects Of Immigration Law.Pdf, Emily Ryo
Emily Ryo
Can laws shape and mold our attitudes, values, and social norms, and if so, how do immigration laws affect our attitudes or views toward minority groups? I explore these questions through a randomized laboratory experiment that examines whether and to what extent short-term exposures to anti-immigration and pro-immigration laws affect people’s implicit and explicit attitudes toward Latinos. My analysis shows that exposure to an anti-immigration law is associated with increased perceptions among study participants that Latinos are unintelligent and law-breaking. In contrast, I find no evidence that exposure to pro-immigration laws promoted positive attitudes toward Latinos. Taken together, these results …
56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon
Dec 2016
56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
“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 explicit or the implicit questions resulting …
55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon
Nov 2016
55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
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 resist was significantly lower for …
54. The Effects Of The Hypothetical Putative Confession And Negatively-Valenced Yes/No Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Sep 2016
54. The Effects Of The Hypothetical Putative Confession And Negatively-Valenced Yes/No Questions On Maltreated And Non-Maltreated Children’S Disclosure Of A Minor Transgression., Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
This study examined the effects of the hypothetical putative confession (telling children “What if I said that [the suspect] told me everything that happened and he wants you to tell the truth?”) and negatively-valenced yes/no questions varying in their explicitness (“Did [toy] break?” vs. “Did something bad happen to the [toy]?”) on 206 4- to 9-year-old maltreated and non-maltreated children’s reports, half of whom had experienced toy breakage and had been admonished to keep the breakage a secret. The hypothetical putative confession increased the likelihood that children disclosed breakage without increasing false reports. The yes/no questions elicited additional disclosures of …
17. Investigative Interviewing Of The Child., Thomas D. Lyon
Aug 2016
17. Investigative Interviewing Of The Child., Thomas D. Lyon
Thomas D. Lyon
This chapter reviews best practice interviewing for legal practitioners and others who work with children.
53. Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse., J. Zoe Klemfuss, Kyndra C. Cleveland, Thomas D. Lyon, Jodi A. Quas
Jul 2016
53. Relations Between Attorney Temporal Structure And Children's Response Productivity In Cases Of Alleged Child Sexual Abuse., J. Zoe Klemfuss, Kyndra C. Cleveland, Thomas D. Lyon, Jodi A. Quas
Thomas D. Lyon
Purpose. Previous research has demonstrated that attorney question format relates to child witness’ response productivity. However, little work has examined the extent to which attorneys provide temporal structure in their questions, and the effects of this structure on children’s responding. The purpose of this study was to address this gap in the literature to identify methods by which attorneys increase children’s response productivity on the stand without risking objections from opposing counsel for ‘calling for narrative answers.
Methods. In this study, we coded criminal court transcripts involving child witnesses (5–18 years) for narrative structure in attorney questions and productivity in …
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
Apr 2016
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 less …
Happiness, Efficiency, And The Promise Of Decisional Equity: From Outcome To Process, Jeffrey L. Harrison
Apr 2016
Happiness, Efficiency, And The Promise Of Decisional Equity: From Outcome To Process, Jeffrey L. Harrison
Jeffrey L Harrison
This article explains why outcome-oriented goals like efficiency, happiness, or well-being are ultimately of limited use as goals for law. Part II places happiness research in the context of past efforts to assess efficiency standards. Part III outlines the schism between efficiency and happiness and examines whether they can be reconciled. Part IV discusses the problems of relying on direct measures of happiness. The concept of decisional equity is described and examined in Part V.
51. Maltreated Children’S Ability To Make Temporal Judgments Using A Recurring Landmark Event., Kelly Mcwilliams, Thomas D. Lyon, Jodi A. Quas
Apr 2016
51. Maltreated Children’S Ability To Make Temporal Judgments Using A Recurring Landmark Event., Kelly Mcwilliams, Thomas D. Lyon, Jodi A. Quas
Thomas D. Lyon
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 …
50. “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
Feb 2016
50. “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
Thomas D. Lyon
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) …
49. Attorney Questions Predict Jury-Eligible Adult Assessments Of Attorneys, Child Witnesses, And Defendant Guilt., Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon
Feb 2016
49. Attorney Questions Predict Jury-Eligible Adult Assessments Of Attorneys, Child Witnesses, And Defendant Guilt., Allison P. Mugno, J. Zoe Klemfuss, Thomas D. Lyon
Thomas D. Lyon
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 …
Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek
Feb 2016
Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek
Alev Dudek
Similar to other forms of politics, the terrorist narrative, too, is about economics and power. It is a crucial catalyst for the 21st century military industrial complex. Makers of the war on terror, in fact, don't have a problem with Islam or Muslims per se, as their close relationships with one of the most repressive Islamic regimes in the world who support these terrorists, shows. Except, at some point, they start believing their own dehumanizing messages, regardless of the truth factor. In the war on terror, Muslims happen to be the convenient group to build the narrative around. It could …
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Jan 2016
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Joelle A. Moreno
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Jan 2016
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Joelle A. Moreno
No abstract provided.
47. The Productivity Of Wh- Prompts When Children Testify., Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon
Jan 2016
47. The Productivity Of Wh- Prompts When Children Testify., Samantha J. Andrews, Elizabeth C. Ahern, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
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, objects, and time. Consistent with predictions, …
