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Legal Issues in Child Abuse and Neglect : GSC002130 / [Text] John E.B. Myers

By: Myers, John E. BMaterial type: TextTextSeries: Interpersonal violencePublisher: Newbury Park, Calif. : Sage Publications, 1992Copyright date: ©1992Description: xiii, 209 pages : illustrations ; 24 cmContent type: text Media type: unmediated Carrier type: volumeISBN: 0803942311; 080394232X (pbk.)Subject(s): Child abuse -- Law and legislation -- United States -- Trial practice | Child Abuse | Expert Testimony | Interviews as Topic | United StatesDDC classification: 347.3043276 LOC classification: KF9323 | .M94 1992
Contents:
1: Overview of the American Legal System. The Adversary System of Justice. The Judicial System. The Legal System in Operation. The Response of the Criminal Justice System. Overview of the Legal System -- 2: Legal Implications of Interviewing Children Who May Be Abused or Neglected. The Attack on the Interviewer. Interviews as Opportunities to Gather Evidence of Child Abuse and Neglect. Steps Toward Forensically Defensible Interviews -- 3: Balancing the Need for Confidentiality and the Requirements of Disclosure. Defining the Parameters of Confidentiality. Sources of Confidentiality and Privilege. Disclosure of Confidential and Privileged Information -- 4: The Reporting Laws. Who Reports? Definitions of Abuse and Neglect. What Triggers a Report? Emergency Protective Custody. Photographs and X Rays Without Parental Consent. Penalty for Failure to Report. Immunity From Lawsuits. Duty to Report in Relation to Privileges and Ethical Duty to Protect Confidential Information -- 5: Expert Testimony in Child Abuse and Neglect Litigation. Defining Expert Testimony. When Expert Testimony Is Allowed. Who Qualifies to Testify as an Expert Witness. The Form of Expert Testimony. The Degrees of Legal Proof. Types of Information on Which Expert Witnesses May Base Opinions. Expert Testimony on Ultimate Factual and Legal Issues. Expert Testimony in Physical Abuse Cases. Expert Testimony in Sexual Abuse Litigation. Expert Testimony in Neglect Litigation. Special Issues in Child Abuse and Neglect Litigation in Juvenile Court -- 6: Cross-Examination and Impeachment. Impeachment of Lay Witnesses. Impeachment of Expert Witnesses. Reviewing Client Records in Preparation for Testifying. Limitations on Cross-Examination. Special Accommodations for Child Witnesses -- 7: Lawsuits Against Professionals Working With Abused and Neglected Children. Lawsuits Against Professionals in Private Practice. Lawsuits Against Professionals Employed by the Government -- Appendix: Sample Court Order to Protect Access to Videotapes
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Includes bibliographical references (pages 189-200) and index

1: Overview of the American Legal System. The Adversary System of Justice. The Judicial System. The Legal System in Operation. The Response of the Criminal Justice System. Overview of the Legal System -- 2: Legal Implications of Interviewing Children Who May Be Abused or Neglected. The Attack on the Interviewer. Interviews as Opportunities to Gather Evidence of Child Abuse and Neglect. Steps Toward Forensically Defensible Interviews -- 3: Balancing the Need for Confidentiality and the Requirements of Disclosure. Defining the Parameters of Confidentiality. Sources of Confidentiality and Privilege. Disclosure of Confidential and Privileged Information -- 4: The Reporting Laws. Who Reports? Definitions of Abuse and Neglect. What Triggers a Report? Emergency Protective Custody. Photographs and X Rays Without Parental Consent. Penalty for Failure to Report. Immunity From Lawsuits. Duty to Report in Relation to Privileges and Ethical Duty to Protect Confidential Information -- 5: Expert Testimony in Child Abuse and Neglect Litigation. Defining Expert Testimony. When Expert Testimony Is Allowed. Who Qualifies to Testify as an Expert Witness. The Form of Expert Testimony. The Degrees of Legal Proof. Types of Information on Which Expert Witnesses May Base Opinions. Expert Testimony on Ultimate Factual and Legal Issues. Expert Testimony in Physical Abuse Cases. Expert Testimony in Sexual Abuse Litigation. Expert Testimony in Neglect Litigation. Special Issues in Child Abuse and Neglect Litigation in Juvenile Court -- 6: Cross-Examination and Impeachment. Impeachment of Lay Witnesses. Impeachment of Expert Witnesses. Reviewing Client Records in Preparation for Testifying. Limitations on Cross-Examination. Special Accommodations for Child Witnesses -- 7: Lawsuits Against Professionals Working With Abused and Neglected Children. Lawsuits Against Professionals in Private Practice. Lawsuits Against Professionals Employed by the Government -- Appendix: Sample Court Order to Protect Access to Videotapes

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