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Child Psychology Commons™

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2012

Law

Articles 1 - 9 of 9

Full-Text Articles in Child Psychology

The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein Nov 2012

The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Recently the U.S. Supreme Court, citing neurological and psychological studies, held that because juveniles are deficient in appreciating consequences to others, they should never be given the death penalty. The author found, in his years as a legal scholar, educator, and practitioner, that “appreciating the ‘other’”--putting oneself in the position of others---is critical to law and the study of law in more than the obvious ways.

The author became aware of empirical studies and psychological experiments demonstrating that children below a certain age have trouble seeing things from another’s vantage point, and found that the facility to do so develops …

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Screening For Mental Health Problems Among Incarcerated Youth In Nevada: Practice And Policy, Michelle Chino, Jennifer Personius-Zipoy, Denise Tanata Nov 2012

Screening For Mental Health Problems Among Incarcerated Youth In Nevada: Practice And Policy, Michelle Chino, Jennifer Personius-Zipoy, Denise Tanata

Nevada Journal of Public Health

Incarcerated youth in Nevada with serious mental health problems are not being effectively identified. The current study examined the utility of simple screening instruments as a mechanism for identifying incarcerated youth who may have a mental health disorder. Adjudicated youth, incarcerated at each of Nevada’s 12 juvenile detention facilities, participated in the study by completing a demographic questionnaire and a standardized mental health screening instrument: the Massachusetts Youth Screening Instrument-Version 2 (MAYSI-2). Findings indicate a high prevalence of mental health disorders among incarcerated juveniles in Nevada. Identifying youth with mental health problems is complicated by the lack of a systematic …

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8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente Apr 2012

8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente

Thomas D. Lyon

After the Supreme Court’s ruling in Crawford v. Washington that a criminal defendant’s right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to testify. A review of social scientific evidence regarding the dynamics of child sexual abuse suggests a means for facilitating the fair receipt of children’s evidence. Courts should hold that defendants have forfeited their confrontation rights if they exploited a child’s vulnerabilities such that they could reasonably …

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The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg Apr 2012

The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg

Faculty Scholarship

This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …

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27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon Mar 2012

27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Early deceptive behavior often involves acts of wrongdoings on the part of children. As a result, it has often been assumed, although not tested directly, that children are better at identifying lies about wrongdoing than lies about other activities. We tested this assumption in two studies. In Study 1, 67 3- to 5-year-olds viewed vignettes in which a character truthfully or falsely claimed to have committed a good or bad act. Children were biased to label claims that the character had committed a good act as the truth and claims that the character had committed a bad act as lies. …

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On The Child's Need To Be One's Self, Ya'ir Ronen Mar 2012

On The Child's Need To Be One's Self, Ya'ir Ronen

Brigham Young University Journal of Public Law

No abstract provided.

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11. Twenty-Five Years Of Interviewing Research And Practice: Dolls, Diagrams, And The Dynamics Of Abuse Disclosure., Thomas D. Lyon Feb 2012

11. Twenty-Five Years Of Interviewing Research And Practice: Dolls, Diagrams, And The Dynamics Of Abuse Disclosure., Thomas D. Lyon

Thomas D. Lyon

A great deal of research in the past 25 years has contributed to our understanding of how best to interview children about suspected maltreatment. The disastrous failures of the highly publicized daycare abuse cases led to a flood of research, initially emphasizing the failures of conventional approaches, and more recently highlighting the potential for eliciting complete and accurate reports.  If a child has disclosed abuse, and is willing to disclose again, we know what to do. Research supports the use of interview instructions, narrative practice rapport building, and the use of open ended questions to elicit and to elaborate on …

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Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian Jan 2012

Predators And Propensity: The Proper Approach For Determining The Admissibility Of Prior Bad Acts Evidence In Child Sexual Abuse Prosecutions, Basyle Tchividjian

Faculty Publications and Presentations

PREDATORS AND PROPENSITY: THE PROPER APPROACH FOR DETERMINING THE ADMISSIBILITY OF PRIOR BAD ACTS EVIDENCE IN CHILD SEXUAL ABUSE PROSECUTIONS

Basyle J. Tchividjian†

Abstract

The admissibility of prior bad act evidence in child sexual abuse prosecutions oftentimes makes the difference between a guilty and not guilty verdict. Recently, jurisdictions have growingly embraced the admission of such evidence for the purpose of establishing the defendant’s propensity to sexually victimize children. Due to the potentially high prejudicial effect of admitting propensity evidence, it is more critical than ever that courts carefully apply the decisive evidentiary gatekeeper, the probative value balancing test …

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26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank Dec 2011

26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank

Thomas D. Lyon

In child sexual abuse cases, the victim’s testimony is essential, because the victim and the perpetrator tend to be the only eyewitnesses to the crime. A potentially important component of an abuse report is the child’s subjective reactions to the abuse. Attorneys may ask suggestive questions or avoid questioning children about their reactions, assuming that children, given their immaturity and reluctance, are incapable of articulation. We hypothesized that How questions referencing reactions to abuse (e.g., “howdid you feel”) would increase the productivity of children’s descriptions of abuse reactions. Two studiescompared the extent to which children provided evaluative content, defined as …

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