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Courtroom Comfort DogsFollow

#1 Aug 09 2011 at 10:52 AM Rating: Excellent
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NYT wrote:
Rosie, the first judicially approved courtroom dog in New York, was in the witness box here nuzzling a 15-year-old girl who was testifying that her father had raped and impregnated her. Rosie sat by the teenager’s feet. At particularly bad moments, she leaned in.

When the trial ended in June with the father’s conviction, the teenager "was most grateful to Rosie above all," said David A. Crenshaw, a psychologist who works with the teenager.

There's the emotional, heart-string-y part. And now the counter-argument:
Quote:
His lawyers, David S. Martin and Steven W. Levine of the public defender’s office, have raised a series of objections that they say seems likely to land the case in New York’s highest court. They argue that as a therapy dog, Rosie responds to people under stress by comforting them, whether the stress comes from confronting a guilty defendant or lying under oath.

But they say jurors are likely to conclude that the dog is helping victims expose the truth. "Every time she stroked the dog," Mr. Martin said in an interview, "it sent an unconscious message to the jury that she was under stress because she was telling the truth."

"There was no way for me to cross-examine the dog," Mr. Martin added.

I have no idea how visible the dog was during the testimony itself but I'd assume it would be obvious when the person strokes the animal.

Courtroom Comfort Dogs
Worth the issues if it helps victims come out with the truth:15 (60.0%)
Not worth the potential impact on the jury:7 (28.0%)
I have some other opinion!:3 (12.0%)
Total:25
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#2 Aug 09 2011 at 11:03 AM Rating: Excellent
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If their aim to throw out the conviction is the dog then it sounds like a pretty flimsy defense case.
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#3 Aug 09 2011 at 11:15 AM Rating: Excellent
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This is a pretty cheap emotional trick, in my opinion.
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#4 Aug 09 2011 at 11:18 AM Rating: Good
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I'd have issues with dogs in the courtroom, but it stems more from my irrational phobia of dog-poo. Plus there are fleas, pees, hair on the chairs, allergies, barking, possible biting etc, etc.

As far as the dog-stroking giving some subliminal message to the jurors about truth or lies is pretty ludicrous.

Crying in the courtroom, or continued hugging of oneself or whatever that individuals habits might be, could just as equally sway a jury.
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#5 Aug 09 2011 at 11:18 AM Rating: Excellent
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lolgaxe wrote:
If their aim to throw out the conviction is the dog then it sounds like a pretty flimsy defense case.

I would imagine the evidence is pretty overwhelming in the case of a 15 year old being raped and impregnated by her father. DNA test, goodbye case.

Eh, I can see it from both sides. I assume the case will need a higher court to decide if it's ok or not. Seems like a good tool for a victim, IMO.
#6 Aug 09 2011 at 11:31 AM Rating: Decent
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Elinda wrote:
I'd have issues with dogs in the courtroom, but it stems more from my irrational phobia of dog-poo. Plus there are fleas, pees, hair on the chairs, allergies, barking, possible biting etc, etc.

As far as the dog-stroking giving some subliminal message to the jurors about truth or lies is pretty ludicrous.

Crying in the courtroom, or continued hugging of oneself or whatever that individuals habits might be, could just as equally sway a jury.


I'm similarly phobic of dog poo, but therapy dogs have to be trained and certified basically not to do that among other things. For those who don't know about therapy dogs: http://en.wikipedia.org/wiki/Therapy_dog

I don't think access to a therapy dog should be a right or anything, but if a child advocate/psychologist, the attorney, and the judge approve it, I'm really not going to argue on any grounds.

My dog would make a kick-*** therapy dog, btw.
#7 Aug 09 2011 at 11:49 AM Rating: Good
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Elinda wrote:
Crying in the courtroom, or continued hugging of oneself or whatever that individuals habits might be, could just as equally sway a jury.


Pretty much how I feel. Emotional plays aren't uniformly barred from the courtroom (it's impossible to do so, anyway). There's no case for removing the dog on those grounds.

I'd imagine that such testimonies can be all kinds of traumatic. If the dog helps, then good.

Edited, Aug 9th 2011 1:49pm by Eske
#8 Aug 09 2011 at 11:53 AM Rating: Excellent
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The "emotional play" issue is less about how the person on the stand acts and more about how the dog reacts to the person. If the person seems distraught, the dog will act sympathetically and people tend to assume that dogs are more "sincere" about these things. It adds credibility to their distress whether it deserves it or not.
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#9 Aug 09 2011 at 11:55 AM Rating: Good
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Jophiel wrote:
The "emotional play" issue is less about how the person on the stand acts and more about how the dog reacts to the person. If the person seems distraught, the dog will act sympathetically and people tend to assume that dogs are more "sincere" about these things. It adds credibility to their distress whether it deserves it or not.


I'd say just solve that by ensuring that the dog's behind something, or otherwise shielding it from the jury. Something like that.

Edited, Aug 9th 2011 1:56pm by Eske
#10 Aug 09 2011 at 12:03 PM Rating: Good
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Jophiel wrote:
The "emotional play" issue is less about how the person on the stand acts and more about how the dog reacts to the person. If the person seems distraught, the dog will act sympathetically and people tend to assume that dogs are more "sincere" about these things. It adds credibility to their distress whether it deserves it or not.

Presumably then, if the dog reacted unsympathetically to the stroking of a victim, it would make the person seem less credible. What does an unsympathetic dog look like?

I guess people are weird enough that they (as a juror) could make a decision about the person on the stand based on the dogs reaction to that person. Dogs don't like bad people ya know.

In reality though, as mentioned above somewhere, trained dogs are gonna probably react to most everyone in the same fashion. They're trained to.

So, they should be able to be used without causing any rational people to form opinions based on the dog's actions, but meh. People can be kind of odd.




Edited, Aug 9th 2011 8:04pm by Elinda
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#11 Aug 09 2011 at 12:11 PM Rating: Excellent
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Elinda wrote:
What does an unsympathetic dog look like?

Beats me but I'm guessing they don't find employment as court room comfort animals.
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#12 Aug 09 2011 at 12:22 PM Rating: Decent
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I'd be more concerned about interference with the witness/victim/culprit. Much easier to lie convincingly if you have a furry animal to innocently project some of your attention to.

Also, I'm severely allergic to dogs (like suffocating, high speed drive to the hospital allergic in some cases). I wouldn't be able to sit on the stand in that room for days afterwards. Court rooms are not there to comfort you.
#13 Aug 09 2011 at 12:26 PM Rating: Good
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Yodabunny wrote:
Much easier to lie convincingly if you have a furry animal to innocently project some of your attention to.
That's what the defense is arguing. I guess they want to take their chances with just the crying (presumably) incestuously raped and impregnated teenager.
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#14 Aug 09 2011 at 12:30 PM Rating: Excellent
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The term "comfort dog" makes me think of the Cake song "Comfort Eagle" which, in turn, makes me imagine a 15 year old rape victim trying to nuzzle an agitated raptor during the court proceedings.
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#15 Aug 09 2011 at 12:33 PM Rating: Excellent
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Pic Related.
Screenshot
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#16 Aug 09 2011 at 12:40 PM Rating: Excellent
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Wrong raptor but...

Smiley: laugh
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#17 Aug 09 2011 at 1:01 PM Rating: Good
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lolgaxe wrote:
Pic Related.
Screenshot
That from a comic book or something similar?


Just please don't tell me that they did a gritty reboot of Denver: The Last Dinosaur.
#18 Aug 09 2011 at 1:08 PM Rating: Decent
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lolgaxe wrote:
I guess they want to take their chances with just the crying (presumably) incestuously raped and impregnated teenager.


Not saying she doesn't deserve the comfort, just don't agree it should be provided in the courtroom.
#19 Aug 09 2011 at 1:13 PM Rating: Decent
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The One and Only Poldaran wrote:
Just please don't tell me that they did a gritty reboot of Denver: The Last Dinosaur.


I was curious about whether they had or not. First google link.
#20 Aug 09 2011 at 1:52 PM Rating: Good
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The One and Only Poldaran wrote:
That from a comic book or something similar?
It's ******* and Old Lace from Marvel's The Runaways. Three volumes, worth the read.

Edited, Aug 9th 2011 3:53pm by lolgaxe
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#21 Aug 09 2011 at 3:32 PM Rating: Decent
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I thought that story looked familiar - my sister posted it on Facebook.

I don't have anything to add to the conversation except that this is in my stomping grounds. I know the DC Courthouse pretty well.
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#22 Aug 09 2011 at 3:36 PM Rating: Good
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I don't know how I feel about the dog actually being in the courtroom. After thinking about it, that's just too much influence on the jury. For a while I've firmly believed that therapy dogs for victims is a very powerful thing, because I've heard of them being used pre-trial for therapy and comfort before testimony. I think there's almost as much influence on the victim's well-being just having the dog as comfort immediately before and after they take the stand, as there would be in the courtroom. Give the small children a stuffed toy that resembles the dog, and I think it would be just as much emotional comfort during the testimony as having the dog there with them, without the added sway of a sad puppy on the jury.
#23 Aug 09 2011 at 3:52 PM Rating: Default
Imported directly from occupied Korea?
#24 Aug 09 2011 at 4:14 PM Rating: Good
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The purpose of a court is determine if an illegal act has been perpetrated and to what extent. That is not to say decreasing the hostility of the courtroom environment for some victims isn't a prerogative, but it absolutely cannot be done at the cost of objectivity.
Jophiel wrote:
Worth the issues if it helps victims come out with the truth:
Not worth the potential impact on the jury:

Though likely unintentional, your poll happens to be biased. The first option is worded such that there are no drawbacks. It's phrased as an automatic assumption that the dog helps the truth come out. It should be counterbalanced in a way like "I believe the comfort provided is worth the risk of jury manipulation," versus "I believe the comfort provided is not worth the risk of jury manipulation." I'm sure you can word it in an even more neutral way, but it's pretty poorly written as it is now. I thought it was worth mentioning since this thread is about unintended emotional manipulation.
#25 Aug 09 2011 at 4:17 PM Rating: Excellent
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Allegory wrote:
Though likely unintentional, your poll happens to be biased.

*Shrug* It's not a university study on addictive MMORPG behavior, just a casting off point for a conversation.
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#26 Aug 09 2011 at 4:18 PM Rating: Default
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How dare you show bias towards dogs in your poll about whether or not dogs create bias, Joph!
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