Feb. 11, 2016

“Significant criminal justice reforms (are needed) to minimize the chances of wrongful prosecution in the future.

“Some might dismiss such goals as a liberal utopian ideal, but criminal justice reform is being embraced nationwide by tea party conservatives. Why? Because few things exemplify the overreach of an all-too-powerful government (better) than one that yanks away an individual’s freedom without legal justification….

“Conservatives in the heavily Republican Texas legislature have embraced some of the most far-reaching criminal justice reforms in the country….”

– From “Shame and joy behind 149 exonerations” in the St. Louis Post-Dispatch (Feb. 7 editorial)

And how is North Carolina’s own heavily Republican legislature taking up the cause of criminal justice reform? With the piously labeled Restoring Proper Justice Act, (text cache), which both conceals information on the drugs used for capital punishment and repeals a law requiring a physician be present.  Sponsoring Rep. Leo Daughtry railed against “roadblocks in front of the death penalty (that) have stopped us from using the punishment” for the past decade.

Had Daughtry had his way, death row inmates Henry McCollum and Leon Brown would long since have been executed – instead of exonerated and then pardoned by the same governor who blithely signed the Restoring Proper Justice Act into law.

Sept. 5, 2016

“Police say they are doing extra patrols in a Winston-Salem neighborhood after two children reported seeing a clown trying to lure kids into the woods with treats…. and one adult reported hearing the clown.

“Officers say they found no evidence of a clown in the woods.

“About four hours later, a caller who refused to give a name reported seeing a clown about 2 miles away. Police say again they found no evidence of a clown.

“Several unverified clown sightings in northern South Carolina have been in the news recently.”

– From “Winston-Salem police increase patrols after clown sightings” in the News & Observer (Sept. 5)

“The rumor has traveled like a Halloween ghost – from Wilson to Coats to Apex to Raleigh.

“Perplexed law enforcement agencies statewide have been fielding inquiries for weeks about stubborn – but unfounded – rumors of a plan by unidentified Satan worshipers to kidnap and sacrifice children….between the ages of 2 and 5 for a human sacrifice on Halloween.

“Sheriff Freddy W. Narron of Johnston County said rumors seem to have started after a local newspaper printed articles about Satanic cults.”

– From “Rumors of satanists kidnapping children are tough to snuff out” in the News & Observer (Oct. 28, 1989)

What fertile ground North Carolina, circa 1989, provided for hysteria about 2- to 5-year-olds. The sheriff of Johnston County seems to have summoned considerably more skepticism about farfetched rumors than the Little Rascals prosecutors. Within three months of the Halloween panic all of the Edenton Seven had been arrested.

What sequela might we expect from the Great Clown Panic of 2016? Prosecutors, line up your child witnesses!

April 9, 2012

“Where do epidemics go when they die?…. Have all the sadistic pedophiles closed down their day-care centers?”

– From “Mistakes Were Made (But Not by Me)” by Carol Tavris and Elliot Aronson

I asked Mary de Young, author of “The Day Care Ritual Abuse Moral Panic,” whether this epidemic might have gasped its last in Edenton as a result of “Innocence Lost.”

“Ofra Bikel certainly pounded a nail in its coffin,” De Young said. “Her excellent work on the Little Rascals case appeared after the last day care ritual abuse case was prosecuted, but she created a reason to be profoundly skeptical of all the cases that came before.

“I would give a lot of credit to Debbie Nathan (Village Voice) and Dorothy Rabinowitz (Wall Street Journal) for bringing an end to this craziness, but to be honest I think the moral panic really collapsed under its own weight – i.e., it was impossible to sustain these allegations in the absence of evidence, as well as to sustain the suspended disbelief that was required.”

May 5, 2016

“Psychologists have long recognized that human memory is highly fallible. Hugo Münsterberg taught in one of the first American psychology departments, at Harvard. In a 1908 book called ‘On the Witness Stand,’ he argued that, because people could not know when their memories had deceived them, the legal system’s safeguards against lying – oaths, penalties for perjury, and so on – were ineffective.

“He expected that teachers, doctors, and politicians would all be eager to reform their fields. ‘The lawyer alone is obdurate,’ Münsterberg wrote.”

– From “Recognition: How a travesty led to criminal-justice innovation in Texas” by Paul Kix in the New Yorker (Jan. 18)

Dr. Munsterberg saw clearly the stubbornness of lawyers, even if he may have overestimated the open-mindedness of those other callings.