Abstract

Definition of legal terms

Trial as a means for determining truth

Reliability, credibility, and competence

Research concerning the effects of suggestive interviewing on children's reports

Interview characteristics known to have the potential to taint reports and accusations

Reports created by suggestive methods are indistinguishable from accurate reports

Findings of the suggestibility research are consistent and replicable

The application of the social science research to the judicial setting

Suggestive influence undermines the legal reliability of children's reports

The legal basis for excluding testimony and accusations elicited through suggestive influence

Common instances of exclusion of testimony elicited through suggestive means

The principles requiring exclusion of accusations elicited from children

Presenting the legal arguments for exclusion of accusations and statements elicited through suggestive interviews

The pretrial suggestibility issue

Establishing that suggestive methods were used to develop accusations

Educating the court about suggestibility issues

Legal standards for the admissibility of expert testimony

Determination regarding the appearance of a proposed expert witness

Determination regarding the substance of the expert's claims

Frye

Daubert

Beyond the ken of the average juror

Application of traditional legal arguments to the exclusion of accusations and testimony elicited through suggestive interviews

Facts of State v. Michael

The Michaels Appellate Division decision

The Michaels Supreme Court Decision

Arguments offered to oppose courtroom use of scientific literature demonstrating the effects of suggestive interviews

Children as a special class of witness

Generalizing research findings

The admissibility of suggestibility research in court

The potential for needless litigation

Focusing only on the weknesses of children's memories

Derailing child abuse prosecutions

Summary

Acknowledgments