PART 3 CHILDREN IN Court
10. The Child Witness
Testimonial Issues
Competency
Child Development and the Giving of Testimony
Consistency
Suggestibility
Children and Lying
Perceptions of Child Testimony by Jurors
Interactions among Factors
Secondary Victimization
The Settings for Child Witness
Testimony
Addressing the Needs of Child Victim Witnesses
11. Confrontation: The Rights of the Accused versus Protection
of the Victim
Taking Live Testimony Out of Sight of the Accused
Criminal Court Proceedings
Juvenile Court Dependency Proceedings
Domestic Relations Court Proceedings
The Use of Simultaneous Closed-Circuit Television
Criminal Court Proceedings
Juvenile and Domestic Relations Court Proceedings
The Use of Videotaped Depositions and Statements
Criminal Court Proceedings
12. Hearsay Evidence and the Child Witness
Admissibility of Hearsay Evidence
Unavailability
Reliability
Exceptions to Hearsay Rules
The "Prior Recorded Testimony"Exception
The "Excited Utterance" Exception
The "Complaint of Rape" Exception
The "Tender Years" Exception
The "Medical Diagnosis/Theatment" Exception
The "Probation Reports/Social Studies " Exception
The "Residual" Exception
The "Sexually Abused Child " Exception
13. Expert Witnesses in Child Abuse Cases
Who Can Be an Expert Witness?
Admissibility of Expert Testimony
The Scope of Expert Testimony
Descriptive and Diagnostic Issues
Witness Credibility
Legal Conclusions about the Alleged Facts
Physical Abuse
Child Sexual Abuse
Child Sexual Abuse Accommodation Syndrome
The Use of Anatomically Correct Dolls
Medical Neglect
PART 4 EMERGING ISSUES IN CHILD ABUSE
14. "Fetal Abuse: The Case of Drug-Exposed Infants
Application of Mandatory Reporting Laws
Court Decisions Related to Reporting
Social Services and Juvenile Court Intervention
Criminal Court Response
Civil Court Action
Treatment for Pregnant Substance Abusers
15. Other Developments in Child Abuse and the Legal System
Abused Children Who Fight Back
Extending Statutes of Limitations to Adults Victimized as
Children
Statute of Limitations
The "Recovered Memory" Controversy
Appendix: Introduction to Legal References
To order a copy of Child Abuse and the Legal System, please
provide your name, mailing address, city, and zipcode and mail it
with a check for $44.95 (hardcover) plus $4.00 shipping and
handling to: Nelson-Hall Publishers, 111 N. Canal St., Chicago,
IL 60606.
Checks must be payable in U.S. funds drawn on a U.S. bank
About the Authors
Inger J. Sagatun holds a Ph.D. from Stanford University in
Sociology and is Professor and Chair of the Administration of
Justice Department at San Jose State University She is currently
the Principal Investigator on a three-year grant from OCJP on
drug-exposed infants in the legal system, and the Co-Investigator
on a three year grant from OJJDP to the American Bar Association
on parental abductions of children. Professor Sagatun has
published several articles on issues related to juvenile justice,
child abuse and family violence. She served on the Santa Clara
County Child Advocacy and Juvenile Delinquency Prevention
Commission for five years, and has been an Executive Counselor of
the Western Society of Criminology since 1991. She is also a
member of the American Society of Criminology, the Academy of
Criminal justice Sciences, and the American Professional Society
on the Abuse of Children.
Leonard Edwards is a judge of the Santa Clara County Superior
Court. In that capacity he has served as Supervising Judge of the
Family Court, and Presiding Judge of the Superior Court and is
now serving his seventh year as Presiding Judge Of the Juvenile
Court. He is the Chair of the juvenile Court Judges of California
and a member of the Board of Trustees of the National Council of
Juvenile and Family Court judges. He has taught juvenile and
family law at the University of Santa Clara Law School Stanford
Law School and the California Judicial College and has written
widely on family law.
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