Law Commons^™

Criminal Law—Child Abuse Resulting In Death—Arkansas Amends Its First Degree Murder Statute, Paul H. Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.

1. Sexual Exploitation Of Divorce Clients: The Lawyer's Prerogative, Thomas D. Lyon

Thomas D. Lyon

Reflections Upon Louisiana's Child Witness Videotaping Statute: Utility And Constitutionality In The Wake Of Stincer, Lucy S. Mcgough, Mark L. Hornsby

Louisiana Law Review

No abstract provided.

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …

Child Sexual Abuse Cases: Reestablishing The Balance Within The Adversary System, Mary Christine Hutton

University of Michigan Journal of Law Reform

This Article begins with an overview of the adversary process and how it has changed in recent years to respond to the needs of children. The Article highlights two of the goals of the adversary process-(!) testing and probing of two sides to a story, and (2) refraining from a decision until the complete story is told-to examine how they can be retained in spite of these changes. Part II pinpoints the assignment of multiple or poorly-defined roles to the child sexual abuse professionals as one of the potential impediments to preserving the goals of the adversarial system. The performance …

Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey

University of Michigan Journal of Law Reform

This Article describes the purposes and design of our empirical study and analyzes the study's findings. Part I presents a case study of the representation of a child by a volunteer in a way that exhibits the role definition and training of the demonstration groups. Parts II and III discuss who should represent children and how those child advocates should be trained. Part IV discusses the design of the study. Part V presents an analysis of the study's findings. Finally, Part VI considers the policy implications of the study and concludes that the demonstration groups improved the quality of representation …

The Relationship Of Family And Juvenile Courts In Child Abuse Cases, Leonard P. Edwards

Santa Clara Law Review

No abstract provided.

Balancing The Statute Of Limitations And The Discovery Rule: Victims Of Incestuous Abuse Are Denied Access To Washington Courts—Tyson V. Tyson, Naomi Berkowitz

Seattle University Law Review

This Note addresses the Washington Supreme Court’s reasoning in Tyson v. Tyson in light of the incest victim and the nature of her injury, with a focus on the justification for the statute of limitations and the development of the discovery rule exception in Washington law. This Note then argues for the logical and just extension of the discovery rule to cases involving the victims of repeated incestuous abuse who discover the abuse after the statute of limitations has run.

Closed-Circuit Television Testimony For The Sexually Abused Child: The Right To Avoid Confrontation, James A. Napoli

Santa Clara Law Review

No abstract provided.