Ch4, New Jersey v. Michaels, Part 1, Lecture Notes (9.14.09)

Ch4, New Jersey v. Michaels, Part 1, Lecture Notes...

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Chapter 4, Part 1 Chapter 4: New Jersey v. Michaels Part 1, Lecture Notes Lesson: Identifying and Evaluating the Factual Assumptions Underlying Law Example : Suggestibility of Child Witnesses Case: New Jersey v. Michaels Court: New Jersey Supreme Court Admissibility of Child Testimony Law presumes that children are competent witnesses Competent child testimony is admissible in court if it is: Relevant to an issue in the case, and Reliable The Michaels case dealt with the reliability issue How reliable was the testimony of the children who claimed that they were sexually abused? Behavioral experts can assist the prosecution and defense in addressing this issue Credibility of Testimony If the child testimony is admitted, then the jury (trier of fact) determines the weight to be given to that testimony The jury must make this determination in light of all the surrounding circumstances, but Without reference to the trial court's admissibility determination Experts can also assist the prosecution and defense in addressing this issue Facts in Michaels The prosecution tried to prove its case using the eyewitness testimony of the alleged child-victims The defense argued that the children’s testimony was unreliable because
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This note was uploaded on 05/09/2010 for the course PSYC PSY taught by Professor Na during the Spring '10 term at Arizona.

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Ch4, New Jersey v. Michaels, Part 1, Lecture Notes...

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