Jan. 21, 2013

“According to advocates (of victim impact statements), they allow victims to personalize the crime and elevate the status of the victim by describing the effect the crime has had on them or their families. Some laud the courtroom ritual as an aid in the emotional recovery of the victim…. A few legal scholars suggest that the well-intentioned personalization of a crime can blur the line between public justice and private retribution….”

– From “Death by Treacle” by Pamela Haag in the American Scholar (Spring 2012)

“Prosecutor Nancy Lamb and the mothers of the victims burst into tears. Court officials handed out tissues.”

– From “Day Care Owner Convicted on 99 Counts of Child Abuse” by the Associated Press (April 22, 1992)

Count me with those “few legal scholars” who doubt justice is well served by injections of sentimentality. (Although Bob Kelly’s sentencing seems to have concluded without victim impact statements, prosecutors ensured an ample display of mawkishness – the front row was packed with supposed child-victims holding tight to their dolls and teddy bears.)

But sentimentality also extends to the blindered bonding of Little Rascals prosecutors and parents.

What if Nancy Lamb had managed to keep even the slightest professional distance between herself and the parents, instead of being swallowed up in their manic cause? Might she have been able to glimpse reality?

And what if Bill Hart had avoided dating (and later marrying) one of those parents?

Pennsylvania prosecutor Alan Rubenstein managed to avoid such pitfalls – why couldn’t others?

Jan. 14, 2016

“Researchers announced this week they have confirmed the plot (in Salem, Mass.) where 19 people accused of witchcraft were hanged in a wave of hysteria that swept this seaside city in 1692.

“Salem plans to mark the ignominious spot, Mayor Kimberley Driscoll said: ‘This is part of our history, and this is an opportunity for us to be honest about what took place.’

“Neither of two previous plans for a memorial there (in 1892 and 1936) went anywhere. Emerson ‘Tad’ Baker, a Salem State University professor who helped pinpoint the location, said the desire by some to forget the witch trials was probably to blame.

– From “Researchers pinpoint site of Salem witch hangings” by Laura Crimaldi in the Boston Globe (Jan. 13)

In Edenton, the “desire by some to forget” still dominates, but should it ever weaken…..

April 2, 2012

Among the contaminants reported in the deliberations of the first Little Rascals jury was a Redbook article used to profile Bob Kelly as a child molester. Its content never was detailed, so I looked it up (thanks yet again, Charlotte Mecklenburg Library).

Beneath the panic-inducing headline – “Why I’m Every Mother’s Worst Fear” – I was surprised to find virtually nothing relevant to day cares. Instead, the author offered insights such as:

“There are far more child molesters who operate like me than there are those who forcibly kidnap children. What the abductors do makes the headlines. What I do is more common and less noticeable. Most child molesters are established in our communities, known to others as just another good neighbor. We may even be married with kids of our own.”

An editor’s note drove home the point: “Finally, believe a child who reports a sexual overture or encounter, no matter how respectable or unlikely the accused person might seem.”

These descriptions, of course, fit the crazy-making template for ritual-abuse prosecutions:

If he seems like a child abuser, then he is.

If he doesn’t seem like a child abuser, then he is – “no matter how unlikely.”

July 29, 2013

“Scientists at the Massachusetts Institute of Technology have developed the ability to implant mice with false memories. The memories can be easily induced and are just as strong as real memories, physiological proof of something psychologists and lawyers have known for years.

“The findings are a serious matter. According to the Innocence Project, eyewitness testimony played a role in 75 percent of guilty verdicts eventually overturned by DNA testing after people spent years in prison. Some prisoners may even have been executed due to false eyewitness testimony. It was not because the witnesses were lying. They were just wrong, said Susumu Tonegawa, a molecular biologist and the lead author in the MIT study.

“In the longest criminal trial in American history, the McMartin family, who operated a preschool in California, was charged with multiple incidents of child abuse. After seven years and $15 million in prosecution expenses, some charges were dropped and the defendants were acquitted of others when it became clear some of the accusations were based on false memories, some possibly planted by childrens’ therapists.”

– From “Scientists Produce False Memories In Mice” by Joel N. Shurkin, Inside Science News Service (July 25, 2013)

The same day’s Guardian of London adds this response from Chris French, head of the Anomalistic Psychology Research Unit at Goldsmiths, University of London:

“Memory… is a reconstructive process which involves building a specific memory from fragments of real memory traces of the original event but also possibly including information from other sources.”

“Information from other sources” – that is, from prosecution therapists – was what contaminated the memories of child witnesses in cases such as McMartin and Little Rascals.