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7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon Aug 2004

7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon

Thomas D. Lyon

A recent U.S. Supreme Court case is sure to have a major impact on the prosecution of family violence cases in which the victim fails to testify at trial.  A number of states have special hearsay exceptions for statements from victims of spouse abuse and child abuse.  Those exceptions often allow the statements into evidence even when the victim does not testify (usually with additional requirements, such as corroborative evidence or a finding that the statement has "indicia of reliability").  The U.S. Supreme Court has recently held that if the victim does not testify, "testimonial" hearsay is inadmissible unless the …


Applying Principles Of Forensic Mental Health Assessment To Capital Sentencing, Kirk Heilbrun, David Dematteo, Geoffrey Marczyk, Christina Finello, Rebecca Smith, Jenette Mack-Allen Dec 2003

Applying Principles Of Forensic Mental Health Assessment To Capital Sentencing, Kirk Heilbrun, David Dematteo, Geoffrey Marczyk, Christina Finello, Rebecca Smith, Jenette Mack-Allen

David DeMatteo

No abstract provided.


A Review Of Mood Disorders Among Juvenile Offenders, Richard E. Redding Dec 2003

A Review Of Mood Disorders Among Juvenile Offenders, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …


What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding Dec 2003

What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence, Richard E. Redding

Richard E. Redding

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …


Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding Dec 2003

Why It Is Essential To Teach About Mental Health Issues In Criminal Law (And A Primer On How To Do It), Richard E. Redding

Richard E. Redding

Studies consistently show a high prevalence of mental disorders among criminal defendants. Forensic mental health issues thus arise frequently in the criminal justice system and are commonly encountered by prosecutors, defense attorneys, and judges - much more so than some criminal law doctrines (e.g., necessity, duress, impossibility) routinely taught in criminal law courses. Yet rarely are students taught about mental illness, how to represent mentally ill clients, adjudicative competence, the mental health needs of various offender groups and how these unmet needs may contribute to criminal behavior, or the use of mental health mitigation evidence at sentencing. If taught at …


6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon Dec 2003

6. Educating The Public Through The Michael Jackson Case., Thomas D. Lyon

Thomas D. Lyon

Many experts in child sexual abuse likely view the Michael Jackson molestation case with disgust. The case is colored by the media circus, the major players' motives for money and publicity, and the sometimes prurient, sometimes morbid fascination the public has with allegations they view as bizarre and improbable.