June 21, 2016

“One of the earliest arguments for financial compensation for the wrongly incarcerated came in 1932, from the Yale law professor Edwin Borchard. In an influential book called ‘Convicting the Innocent: Sixty-five Actual Errors of Criminal Justice,’ Borchard wrote, ‘When it is discovered after conviction that the wrong man was condemned, the least the State can do to right this essentially irreparable injury is to reimburse the innocent victim, by an appropriate indemnity for the loss and damage suffered.’ He noted, ‘European countries have long recognized that such indemnity is a public obligation.’ But it would be many years before the United States began puzzling through what constituted an ‘appropriate indemnity.’ It wasn’t until the first DNA exoneration, in 1989, that most states began to seriously consider compensation.

“There is still no consensus about the value of lost time. Missouri gives exonerees $50 a day for time served, California twice that much. Massachusetts caps total compensation at $500,000. In Maine, the limit is $300,000; in Florida, it’s $2 million. The variation is largely arbitrary. ‘If there’s a logic to it, I haven’t seen it,’ Robert J. Norris, a researcher at SUNY Albany who has studied compensation statutes, told me…. Twenty states have no compensation statutes at all.”

– From “The Price of a Life: What’s the right way to compensate someone for decades of lost freedom?” by Ariel Levy in the New Yorker (April 13, 2015)

North Carolina exonerees are entitled to $50,000 for each year spent in prison, plus job training and college tuition, up to a maximum of $750,000. However, those statutes apply only to persons “granted a pardon of innocence by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person.”

As excruciatingly demonstrated in the case of Henry McCollum and Leon Brown, not every governor is in a hurry to enable that compensation.

Oct. 31, 2012

“Mass movements can rise and spread without a belief in God, but never without belief in a devil.”

– Eric Hoffer in his landmark analysis of fanaticism, “The True Believer” (1951)

Hoffer’s point was impressively made in the day-care mania. In no case I’ve found – in this country at least – did religion play a significant factor. To the contrary, several ministers and churches were on the receiving end of wrongful prosecution.

Sept. 25, 2013

“Peer group pressure… is a factor that should be considered when there is an allegation of sexual abuse involving multiple victims. Children in Edenton who never attended the day care, but who had peers who attended, claimed to have been abused at the day care.

“During her testimony for the defense, Dr. Maggie Bruck described a scientific study in which two actors went into a classroom of 28 children to give a talk. During the talk one of the actors knocked a large birthday cake off a piano. Seven children had been removed from the room and did not observe the event. Later when the children were interviewed six of the seven children who had not been present not only claimed to have been there but described the event as if they had been present.”

– From “Evidence Issues and ‘Lessons’ from State v. Kelly: Litigation of Allegations of Child Sexual Abuse” by Jeffrey L. Miller and W. Michael Spivey, presented at the 6th annual North Carolina Criminal Evidence Seminar, UNC School of Law (April 16, 1993)

Jan. 16, 2013

“Therapists diagnosing Satanic Ritual Abuse as the cause of their patients’ troubles… often belonged to a subculture within the therapeutic community, where focus on dissociation and multiple personalities were more important than among other clinicians.

“This small minority were involved in the vast majority of ritual abuse allegations with a therapy background. Nevertheless, many elements of the ideas, and some of the practices that seem to have been important in creating SRA-narratives were common among therapists of all kinds: belief in the concept of repression, a view of memory as analogous to a video-tape or computer and (confidence) that hypnosis could be an important tool in unearthing forgotten abuse. This view of memory and memory recovery has been largely dismissed among the community of cognitive psychologists.”

– From “Psychology and the Satanic Ritual Abuse Controversy. A Brief Research Review” by Asbjørn Dyrendal in Skepsis (March 2, 2007)