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Articles 1 - 18 of 18

Full-Text Articles in Social and Behavioral Sciences

Do Experience Tables Matter, Peter B. Hoffman, Harvey M. Goldstein Dec 2013

Do Experience Tables Matter, Peter B. Hoffman, Harvey M. Goldstein

Peter R. Hoffman

No abstract provided.


Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan Nov 2013

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …


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 …


Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna Nov 2013

Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna

Erik Luna

No abstract provided.


Constitutional Road Maps, Erik Luna Nov 2013

Constitutional Road Maps, Erik Luna

Erik Luna

No abstract provided.


32. Eliciting Maltreated And Non-Maltreated Children’S Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession., Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, Jodi A. Quas Oct 2013

32. Eliciting Maltreated And Non-Maltreated Children’S Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession., Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, Jodi A. Quas

Thomas D. Lyon

This study tested the effects of narrative practice rapport building (asking open-ended questions about a neutral event) and a putative confession (telling the child an adult “told me everything that happened and he wants you to tell the truth”) on 4- to 9-year-old maltreated and nonmaltreated children’s reports of an interaction with a stranger who asked them to keep toy breakage a secret (n = 264). Only one third of children who received no interview manipulations disclosed breakage; in response to a putative confession, one half disclosed. Narrative practice rapport building did not affect the likelihood of disclosure. Maltreated children …


Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom Oct 2013

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Robert Bloom

No abstract provided.


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 …


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 …


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 …


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.


The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton May 2013

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Gordon A Crews

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …


The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton May 2013

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Angela Crews

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …


Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken M. Levy May 2013

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken M. Levy

Ken Levy

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …


Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy May 2013

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Ken Levy

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …


The Story Of Clark: The Incredible Shrinking Insanity Defense, Janine Young Kim Dec 2012

The Story Of Clark: The Incredible Shrinking Insanity Defense, Janine Young Kim

Janine Kim

This chapter of Criminal Law Stories (Weisberg & Coker, eds. 2010) tells the story of Clark v. Arizona, the case of a schizophrenic teenager convicted of murdering a police officer under the belief that the officer was a hostile space alien. This chapter discusses the significance of the Clark case within the historical context of the insanity defense, especially in light of the reforms that occurred across the country after John Hinckley, Jr.’s acquittal in 1982. It also examines the interplay between insanity and other legal doctrines of criminal responsibility that were implicated at Eric Clark’s trial, including mens rea, …


Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma Dec 2012

Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma

Dr. Saumya Uma

The article discusses sexual and gender-based crimes in mass violence in India. It draws upon five different contexts of mass violence - communal (religion-based) violence, caste-based violence, violence in the context of militarization, violence in the context of anti-people development, and dispossession / violence in anti-Naxal operations.
In the second part of the article, it discusses gaps in Indian legal jurisprudence which are major causative factors for the existing impunity, and pose challenges to justice.
As a logical corollary, the third part discusses relevant law reform initiatives that are in process, to address the challenges to justice. In critiquing such …


A Mistake Of Law Defense As A Remedy For Overcriminalization, Paul J. Larkin Jr. Dec 2012

A Mistake Of Law Defense As A Remedy For Overcriminalization, Paul J. Larkin Jr.

Paul J Larkin Jr.

No abstract provided.