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Myers on Evidence of Interpersonal Violence: Child Maltreatment, Intimate Partner Violence, Rape, Stalking, and Elder Abuse

By John E.B. Myers
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Book - Hardbound
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Book - Hardbound

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Overview

Investigating and litigating cases of interpersonal violence is difficult. With child maltreatment and elder abuse, the vulnerability of the victim makes the work emotionally as well as legally taxing. With intimate partner violence, the tendency of some victims to change their mind about holding the perpetrator accountable frustrates law enforcement and prosecutors.

Myers on Evidence of Interpersonal Violence: Child Maltreatment, Intimate Partner Violence, Rape, Stalking, and Elder Abuse is designed to help you successfully prepare and present evidence in such cases by providing reliable, practical insights by respected expert, John E.B. Myers.

The all-new Sixth Edition includes:

  • Clear distillation of the latest case law on the complex evidentiary and constitutional issues faced
  • Completely rewritten and expanded chapter on rape
  • Discussion of hundreds of new appellate cases
  • Reliable survey of the landscape of legal and psychological issues being raised in these cases
  • Discussion of hundreds of new articles from the medical and psychological literatures
  • And much more!

Last Updated 09/22/2017
Update Frequency Updated annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 10045718-7777
Table of Contents

CHILD DEVELOPMENT RELEVANT TO INTERVIEWING CHILDREN AND LITIGATING ALLEGATIONS OF MALTREATMENT

  • Theories of Child Development
  • Maltreatment and the Developing Brain
  • Language Development
  • Children’s Understanding of Time and Number
  • Memory
  • Free Recall, Script Memory, Recognition, and Cued Recall
  • Trauma/Stress and Memory
  • Infantile Amnesia
  • Repressed or Recovered Memories
  • Suggestibility: Introduction
  • Ecological Validity of Suggestibility Research
  • What Accounts for Suggestibility?
  • Age and Suggestibility
  • A Test for Suggestibility?
  • Children’s Inconsistency
  • Forensically Defensible and Problematic Interview Practices
  • Expert Testimony on Interviewing
  • Taint Hearings

TESTIMONIAL COMPETENCE

  • Statutory Approaches to Testimonial Competence
  • Capacity to Observe
  • Capacity to Communicate
  • Interpreter for Child Witness
  • Intelligence: Intellectually Disabled Witness
  • Children’s Understanding of Difference Between Truth and Falsehood
  • Children’s Lies
  • Capacity to Distinguish Fact from Fantasy
  • The Duty to Testify Truthfully
  • Oath or Affirmation
  • Personal Knowledge
  • Competency Examinations
  • Excluding Defendant from Competency Examination
  • Psychological Evaluation Regarding Competence

CHILDREN IN COURT

  • Children in Court: Introduction
  • A Child’s Testimony Is Sufficient to Support a Verdict
  • Psychological Research on the Effects of Testifying on Children
  • Judicial Control of Proceedings When Children Testify
  • Defendant’s Right of Self-Representation
  • Altering Physical Layout of Courtroom: Modifying Courtroom Practices to Accommodate Child Witnesses
  • Video Testimony
  • Defendant’s Sixth Amendment Right to Public Trial
  • First Amendment Right of Press and Public to Attend Criminal Trials
  • The Jury and the Child Witness

PHYSICAL CHILD ABUSE

  • Prevalence and Effects of Physical Abuse
  • Corporal Punishment
  • Defenses in Physical Abuse Litigation
  • Circumstantial Evidence Sufficient to Support Verdict
  • Expert Qualifications
  • Bases for Expert Testimony
  • Battered Child Syndrome
  • Battering Parent Syndrome
  • Expert Testimony on Physical Abuse
  • Caretaker’s Explanation of Injury
  • Failure to Protect Child from Abuse Inflicted by Another
  • Bruises
  • Bites
  • Head Injury
  • Testimonial Aids, Including Computer-Generated Exhibits
  • Sudden Infant Death Syndrome (SIDS)
  • Chest and Abdominal Injuries
  • Burns
  • Fractures
  • Munchausen Syndrome by Proxy
  • Unusual Forms of Maltreatment
  • Criminal Intent
  • Proof of Mens Rea
  • Identity of Perpetrator
  • Admissibility of Photographs

NEGLECT

  • Neglect Defined
  • Medical Neglect
  • Psychological Maltreatment
  • Failure to Thrive
  • Intellectually Disabled Parents
  • Psychiatrically Disabled Parents
  • Physically Impaired Parents
  • Drug Abuse as Neglect
  • General Neglect
  • Abandonment
  • Educational Neglect
  • Intervention to Protect a Nonabused Child When Another Child Is Abused: Anticipatory Neglect

CHILD SEXUAL ABUSE

  • Prevalence of Child Sexual Abuse
  • Short- and Long-Term Effects of Sexual Abuse
  • Disclosure of Sexual Abuse
  • Recantation
  • Fabricated Allegations of Sexual Abuse
  • Medical Evidence of Child Sexual Abuse
  • Physical Examination
  • Psychological Evidence of Sexual Abuse: Introduction
  • Psychological Symptoms Observed in Abused and Nonabused Children
  • Mental Health Testimony as Substantive Evidence
  • Post-traumatic Stress Disorder
  • Expert Testimony from Forensic Interviewers Offered as Substantive Evidence of Child Sexual Abuse
  • Expert Testimony on Guilt, Innocence, or Identity of Defendant as Perpetrator
  • Expert Testimony Regarding Psychological Syndromes
  • Sources of Misunderstanding Regarding Psychological Syndromes
  • Psychological Syndromes as Novel Scientific Evidence
  • Child Sexual Abuse Accommodation Syndrome
  • Parental Alienation Syndrome
  • Expert Testimony Offered to Rehabilitate a Child’s Credibility
  • Expert Testimony That a Child Was Truthful
  • Court-Ordered Psychological and Medical Examination of Alleged Sexual Abuse Victims
  • Pornography
  • Proof of Age and Marital Status
  • Expert Testimony Regarding the Accused
  • Pedophilia Defined: The Modus Operandi of Sex Offenders Against Children
  • Psychological Evaluation of Sex Offenders
  • Expert Testimony Regarding Offender Profiles
  • Treatment for Sex Offenders
  • Involuntary Civil Commitment of Dangerous Sexual Offenders

HEARSAY

  • Hearsay Defined
  • Preliminary Rulings on Admissibility
  • Verbal Assertions Offered to Prove Something Other Than the Truth of the Matter Asserted
  • Written and Drawn Assertions Offered to Prove Something Other Than the Matter Asserted
  • Nonverbal Assertions
  • Sleep Talk
  • Effect on the Listener Doctrine
  • Assertions to Prove Source of Unique Knowledge: The Bridges Doctrine
  • Prior Inconsistent Statements
  • Prior Consistent Statements
  • Present Sense Impressions
  • Excited utterances
  • Fresh Complaint of Rape or Sexual Abuse
  • Diagnosis or Treatment Exception
  • The State of Mind Exception
  • Past Recollection Recorded
  • Dying Declaration Exception
  • Residual Exception
  • Sufficiency of Hearsay to Support Finding of Fact or Verdict
  • Unavailable Hearsay Declarants
  • Testimonial Competence of Hearsay Declarants
  • The Right to Confront Accusatory Witnesses
  • Prosecutor’s Interference with or Comment on Defendant’s Confrontation Right
  • Hearsay and the Confrontation Clause
  • Limitations on Cross-Examination
  • Waiver and Forfeiture of Confrontation Right
  • Proceedings Where Confrontation Right Applies
  • Rule of Completeness

CHARACTER EVIDENCE, UNCHARGED MISCONDUCT, AND IMPEACHMENT

  • Rule Against Character Evidence
  • Character ‘‘In Issue’’
  • Character Evidence in Criminal Cases
  • Uncharged Misconduct Evidence: Introduction
  • Motive
  • Proof of Intent
  • Entire Picture Doctrine
  • Plan
  • Consciousness of Guilt
  • Modus Operandi to Prove Identity
  • Opportunity or Capacity
  • Proof of Coercion, Force, or Threat
  • Third-Party Culpability Evidence
  • Impeachment

INTIMATE PARTNER VIOLENCE

  • Introduction and Brief History of Intimate Partner Violence Law
  • Prevalence of Intimate Partner Violence
  • Children Exposed to Intimate Partner Violence
  • Batterer Treatment Programs
  • Parenting by Battered Women
  • Medical Evidence of Intimate Partner Violence: Photographs
  • Civil Intimate Partner violence Protection Orders
  • Mens Rea in Intimate Partner Violence Cases
  • Expert Testimony on the Psychological Effects of Intimate Partner Violence
  • Self-Defense and Expert Testimony on the Effects of Battering
  • Duress and the Effects of Battering
  • Prosecution Expert Testimony on the Dynamics of Abusive Relationships
  • Battered Child Syndrome and Self-Defense: An Unfortunate Choice of Words

STALKING

  • Intent in Stalking Cases
  • Actus Reus in Stalking Cases
  • Uncharged Misconduct Evidence in Stalking Cases

RAPE AND STATUTORY RAPE

  • Rape Defined
  • Consent
  • Force
  • Resistance
  • Penetration
  • Psychological Impact of Rape and Sexual Assault
  • Scientific and Medical Evidence
  • Mistake of Fact
  • Rape Shield Statutes

ELDER ABUSE, NEGLECT, AND EXPLOITATION

  • Prevalence of Elder Maltreatment
  • Risk Factors for Elder Mistreatment
  • The Aging Process
  • Decision-Making Capacity
  • Medical Evidence of Elder Abuse and Neglect
  • Interviewing Elders
  • Older Persons as Witnesses
  • Age of Victim
  • Sexual Abuse
  • Financial Exploitation
  • Civil Protection Orders in Elder Abuse Cases

Table of Cases

Index

Volumes