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.

March 12, 2012

After reading thousands of pages of Little Rascals coverage, shouldn’t I have become inured to the prosecution’s gratuitous brutality?

Not yet.

On August 11, 1993, Dawn Wilson, serving a life sentence for child sexual abuse, went back to court to seek release under house arrest. In six days she would give birth to her second child.

Nancy Lamb and Bill Hart could’ve responded with any number of temperate legal arguments against her release. Instead….

“She made a quite irresponsible decision in 1992 to become pregnant early in her trial,” Lamb said. “She was thinking only of herself….”

“Dawn Wilson… simply has no character…,” added Hart. “Is she the kind of mother figure who ought to be bonding with a second out-of-wedlock child?”

Judge Marsh McLelland granted Wilson’s request, but delays in paperwork and payment of a $250,000 bond kept mother and son in women’s prison another month.

In 1995 the N.C. Court of Appeals overturned her conviction. And then of course the prosecutors rushed to apologize to Dawn Wilson for their disgraceful vilification.

June 21, 2013

From blog commenter Mike:

“I’d seen the ‘Frontline’ episodes long ago, before I moved to North Carolina. I was surprised to learn, when I recently revisited the case, that this travesty happened in a state I love.

“For historians who might want to get a taste of what it was like to live in Salem in the late 17th century (or, to invoke a less well-known era, Germany of the 15th century), this staggering case would serve them well…. The unrepentant prosecutors, ignorant ‘therapists’ and others who ruined the lives of the defendants must not be allowed to be forgotten.”

Mike’s reference to the infamous Malleus Maleficarum, published in 1484 by two German friars to squelch skepticism about the existence of witchcraft, is painfully apt. Just substitute “satanic ritual abuse” for “witchcraft,” and – poof! – up in smoke go five centuries of the ascent of man.

June 11, 2015

“In (the upcoming movie) Regression, Ethan Hawke plays a detective investigating accusations by a woman against her father. There’s a twist: The father has admitted wrongdoing, though he has no recollection of what happened – and a psychologist is summoned to help him recover his memories….

“The trailer is opaque in its rendering of what crime the father may have committed, but it’s probably meant to echo the Satanic witch hunts that gripped parts of America in the 1980s and early ’90s….  The daughter’s haunting memories include ‘chanting,’ ‘robes’ and a ‘black mask’….

“So it’ll be interesting to see (director Alejandro) Amenábar’s take in Regression: Does he present the case as a real, Satanic experience that actually occurs within the world of the story, or will the film be a larger commentary on the horrific fallout of unfounded hysteria?

“Here’s hoping it’s the latter…. We’ll find out when Regression opens in August.”

– From “Ethan Hawke and Emma Watson Battle Satan (Maybe) in the Trailer for Regression”
by Aisha Harris at Slate (June 10)

Also arriving in August – but much less ambiguously: “We Believe The Children: A Moral Panic in the 1980s” by Richard Beck. According to a starred review in Publishers Weekly, “Beck marshals extensive research into an absorbing dissection of a panic whose tremors still affect us today.”