Myers on Evidence of Interpersonal Violence: Child Maltreatment, Intimate Partner Violence, Rape, Stalking, and Elder Abuse, 6th Edition (1-year Online Subscription)

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