Aug. 5, 2016

“Perhaps the virtue of these true-crime stories isn’t how they affect specific cases (indeed, without new and objective evidence that calls into question criminal convictions, it’s important – for the sake of the rule of law – to let decisions stand).

“Instead, series such as ‘Serial’ could have a positive impact on how ordinary Americans – the people who sit on juries and elect local prosecutors and judges – view criminal trials.

“Maybe we’ll be more willing to hold those running for local offices accountable for presenting fair cases and working to eliminate bias against the poor or minorities.

“Maybe we’ll be more appropriately skeptical of cases built on witness testimony alone, or question whether investigators used intimidation or unfair interrogation to get inaccurate information from witnesses….”

– From “How the ‘Serial’ podcast is challenging the criminal justice system” by Robert Gebelhoff in the Washington Post, July 6 (via the Denver Post)

April 22, 2013

“Lecturing recently, I mentioned the American witch-hunts of the 1980s and 1990s. When the audience looked puzzled, I explained that I was referring to the Satanic Panic of those years, the wave of false charges concerning ritual child abuse and devil cults that made regular headlines in the decade after 1984. The explanation helped little.

“Even people who had lived through those years, who had been following the media closely, had precisely no recollection. Lost in memory it may be, but the Satanic Panic needs to be remembered, if only to prevent a renewed outbreak of this horrible farrago. And when better than in the 30th anniversary of the affair’s beginning?

“It all started in southern California, in Manhattan Beach, in the Fall of 1983….”

– From “Remember the Satanic Panic” (Jan. 9, 2013) by Philip Jenkins, Distinguished Professor of History at Baylor University, on Real Clear Religion

I share Dr. Jenkins’ concern about public memory, of course.

Which are more worrisome – those who have no recollection at all of cases such as McMartin and Little Rascals, or those who have forgotten they all were hoaxes?

March 12, 2014

“Really now, teachers chopped up animals, clubbed a horse to death with a baseball bat, sacrificed a baby in a church and made children drink the blood, dressed up as witches and flew in the air – and all this had been going on unnoticed for a good long while until a disturbed mother spoke up?”

– From “The Trial That Unleashed Hysteria Over Child Abuse” by Clyde Haberman in the New York Times (March 9, 2014)

Big thanks to Retro Report for its eye-reopening essay and 13-minute video recalling the seminal McMartin Preschool case. Also mentioned are Little Rascals and other “criminal cases of dubious provenance” from the moral panic.

Although the road to public exoneration for the Edenton Seven remains long and uncertain, this attention from the Times is welcome indeed.

July 19, 2016

“The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations.

“Or the prosecutor may choose a more subtle course and simply have a citizen’s friends interviewed. The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard.

“Or he may go on with a public trial. If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspended sentence, and after he is put away, as to whether he is a fit subject for parole.

“While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst….”

– From an address  by Attorney General Robert H. Jackson to the Conference of United States Attorneys, Washington, D.C., April 1, 1940

Although Jackson’s cautionary words were directed toward federal prosecutors, they could hardly be more applicable to the State of North Carolina’s prosecution of the Edenton Seven.  H.P. Williams Jr., Bill Hart and Nancy Lamb surely missed no chance to put forth “veiled or unveiled intimations,” to make a “one-sided presentation” or to otherwise act “from malice or other base motives.”