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3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
Thomas D. Lyon
It is hard to overstate the importance of expert testimony in American courtrooms. Much of this testimony concerns scientific matters that are beyond the ken of ordinary experience. In cases where scientific matters play a central role, jurors may give substantial weight to expert testimony or even treat it as dispositive. Standards pertaining to the admissibility of scientific testimony are critical to the outcome in many trials.
1. The Law And Psychology Of The Child Witness. (Review Of The Book Child Witnesses: Fragile Voices In The American Legal System, By L. S. Mcgough. ), Thomas D. Lyon
Thomas D. Lyon
McGough's goal is to summarize the developmental psychological research relevant to children's capacities as witnesses and to make recommendations for how the courts should receive children's testimony. In her review, she concludes that children under the age of 12 are deficient: They encode less detail, they fantasize more, they confuse fantasy with reality, they incorporate script based knowledge into their memory, and they are suggestible, both because they acquiesce to authority and because their memory is susceptible to external influence.
3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon
3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon
Thomas D. Lyon
Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).
2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon
2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon
Thomas D. Lyon
With all of the attention paid to children's performances as witnesses once on the stand, their ability to qualify to take the stand has been relatively neglected. Most courts require that in order to testify, a witness must first take the oath. In its most simple form, an oath is a promise to tell the truth. Taking the oath presupposes that one understands what it means to tell the truth, and that one appreciates one’s obligation to tell the truth when promising to do so. If a young child does not understand the difference between the truth and lies, or …
2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory
2. Medical Evidence Of Physical Abuse In Infants And Young Children., Thomas D. Lyon, Elizabeth E. Gilles, Lary Cory
Thomas D. Lyon
Determining whether a young child's injuries are due to physical abuse is often extremely difficult. Frequently, the child is nonverbal, and there are no witnesses other than the caretakers that are suspected of abuse. Expert medical opinion is often necessary to diagnose abuse. However, the process by which physicians diagnose physical abuse is something of a mystery to many attorneys, even to those who routinely handle such cases. The medical literature is often impenetrable to those without special training, leading attorneys to defer to expert opinion without fully understanding the basis for such opinion. This is unfortunate. Without understanding the …
3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon
3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon
Thomas D. Lyon
The amicus brief in the Kelly Michaels case ignores the risks that abused children will fail to reveal abuse unless direct and sometimes leading questions are asked. Although the brief correctly criticizes previous research for understating the risks that aggressive interviewing practices will lead young children to make false allegations of abuse, it overstates the likelihood that false allegations occur by overlooking the aspects of the Kelly Michaels case and the research it inspired that are unlike the typical abuse case. The author discusses factors that lead abused children to falsely deny abuse and that minimize the likelihood that nonabused …
2. Young Children's Understanding Of "Remember" And "Forget.", Thomas D. Lyon, John H. Flavell
2. Young Children's Understanding Of "Remember" And "Forget.", Thomas D. Lyon, John H. Flavell
Thomas D. Lyon
LYON, THOMAS D., and FLAVELL, JOHN H. YOUNG Children's Understanding of "Remember" and "Forget." CHILD DEVELOPMENT, 1994, 65, 1357-1371.3 studies examined young children's understanding that if one "remembers" or "forgot," one must have known at a prior time. In Study 1,4-year-olds but not 3-year-olds understood the prior knowledge component of "forgot"; both groups understood that a character with prior knowledge was "gonna remember." Study 2 controlled for the possibility that good performance on "remember" might be due to a simple association of remembering with knowledge. A significant number of 4-year-olds but not 3-year olds understood that when 2 characters currently …
1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon
1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon
Thomas D. Lyon
Children's decision making ability is important in a number of areas in the law. A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.
1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell
1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell
Thomas D. Lyon
2 studies investigated young children's understanding that as the retention interval increases, so do the chances that one will forget. In Study 1 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 characters who simultaneously saw an object, the character who waited longer before attempting to find it would not remember where it was. In study 2 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 objects seen by a character, the object that was seen a "long long time ago" would be forgotten and the object seen "a little while ago" …