June 14, 2018

“America has a long history of episodic moral panics in which self-styled experts, sensationalistic journalists and public officials used emotionally charged language and a barrage of (often distorted) statistics to portray a particular social problem as widespread and urgent….

“The 1980s brought [a] moral panic precipitated by unease about double-income families and the supervision of children by strangers at day-care centers….

“All these scares produced unexpected political alliances. Conservatives concerned with moral purity, law-and-order and Christian values joined forces with feminists worried about victims of sexual trauma and liberals in favor of strong government regulation. When forces from the right and left converge in a moral panic, their causes possess greater appeal to the public. We see this today as women’s rights advocates join the sex-trafficking fight along with the religious right. The result is a runaway train with no real political force left in opposition….”

– From “President Trump signed a new law that aims to fight online sex trafficking. Here’s why that’s bad.” by Sascha Cohen in the Washington Post (April 12)

March 1, 2016

“It would be hard to imagine a more glaring judicial conflict of interest than the one the Supreme Court considered in a case out of Pennsylvania on Monday.

“In 1986, Terrance Williams was convicted of killing a man named Amos Norwood with a tire iron when he was 18. Prosecutors in the Philadelphia district attorney’s office sought the death penalty, and got it….

“A state court found that the prosecutors had lied, and vacated Mr. Williams’s sentence. But the Pennsylvania Supreme Court unanimously reversed that ruling. The court’s chief justice at the time, Ronald Castille, wrote a concurring opinion criticizing the lower court’s ruling for ‘condemning’ the prosecutors.

“The problem was that Mr. Castille himself led the district attorney’s office when it prosecuted Mr. Williams, and personally authorized seeking the death penalty in that case…. Nevertheless, he refused to recuse himself from Mr. Williams’s case….”

– From “Should a Judge Rule on His Own Case?” editorial in the New York Times (Feb. 29)

Meanwhile in North Carolina, prosecutors yet again show great interest in maintaining their conviction rate and little if any in ensuring justice has been done (text cache).

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.

May 25, 2012

“Maggie Bruck, co-author of ‘Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony’ and a professor of psychiatry at Johns Hopkins University, says no long-term psychological studies exist that track groups of children involved in alleged sex-abuse rings, in part because of confidentiality issues.

“But Bruck has studied follow-up interviews of children involved in cases similar to the notorious McMartin preschool trial. Some kids continue to believe they were abused. Bruck suspects it’s because their families or therapists have reinforced the stories of abuse. ‘The children say they don’t remember the salient, allegedly terrifying details,’ she told me. ‘But they are sure it happened.’ ”

– From “Who Was Abused?” by Maggie Jones in the New York Times (Sept. 19, 2004)

Might the Little Rascals children be among the subjects of that follow-up research? Sorry, Dr. Bruck says predictably – “Confidential information.”