Jan. 22, 2018

“Sex offenders have a relatively low rate of committing the same sex crime after being released from prison. Yet policymakers often base policies on rearrest rates or the fear that sex offenders are more likely than other convicted criminals to commit the same crime after release….”

– From “Justice Alito’s misleading claim about sex offender rearrests” by Michelle Ye Hee Lee in the Washington Post (June 21, 2017)

As far as I’ve been able to tell, not a single one of the defendants in the Little Rascals, McMartin, Fells Acres, Wee Care, etc., cases has been accused of later sexual offenses – or had been accused of earlier offenses. How could the serial perpetrators of such outrageous crimes possibly have avoided recidivism for a quarter-century?

April 8, 2013

“The panic over satanic ritual abuse in the United States… subsided rather abruptly, as panics usually do, whether they are individual or social. They are like an acute anxiety attack – absolutely absorbing while in course and then suddenly gone, leaving in their wake bewilderment, fear of confronting the causes of the panic, and bafflement about what just happened….

“But traces of its presence can be found without much difficulty in the child abuse and neglect (CAN) literature. The panic, and the way CAN personnel had contributed to it, made the field more self-reflective and self-questioning. CAN practitioners had been shocked by the spectacle of their colleagues battling one another in courtrooms… unable to distinguish between real events of abuse and mass hysteria over alleged satanic abuse.”

– From “Childism: Confronting Prejudice Against Children” by Elisabeth Young-Bruehl (2012)

“More self-reflecting and self-questioning” may describe the current generation of child abuse professionals, but those who did such unspeakable damage in the 1980s and ’90s remain wedded to their junk science.

Feb. 25, 2013

“The 99 guilty verdicts against (Bob) Kelly appear to have set a benchmark for such cases: that youthful witnesses can have enough credibility to win convictions on their word alone.

“‘This validated child witness testimony,’ said Carolyn McAllaster, who teaches a child advocacy clinic at Duke University’s law school and trial practice at the University of North Carolina School of Law.

“‘I think the reason a lot of prosecutors hesitate to take these cases is they fear these children won’t be believed by juries,’ she said. ‘They should give a child’s testimony the same weight they would give an adult’s testimony. I think that children are very believable and that their testimony can be judged on its own merits.’ ”

– From “Rascals verdict affirms children’s credibility” in the Raleigh News & Observer (April 26, 1992)

McAllaster has gone on to become director of the AIDS Legal Project and a clinical professor of law at Duke.

Has she changed her mind about the credibility of child witnesses?

I asked her.

She hasn’t responded.

May 16, 2014

Exhibit A:

“Last year at a state solicitors’ convention in Myrtle Beach, (South Carolina State Supreme Court Justice Donald Beatty) cautioned that prosecutors in the state have been ‘getting away with too much for too long.’ He added, ‘The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license’….

“If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned….The state’s prosecutors didn’t see it that way….

“At least 13 of the head prosecutors in the state’s 16 judicial districts, along with South Carolina Attorney General Alan Wilson, are asking for Beatty to be recused from criminal cases. This would presumably end his career as a state supreme court justice….”

– From “Judge says prosecutors should follow the law. Prosecutors revolt.” by Radley Balko in the Washington Post (March 7)

Exhibit B:

“….Decades of studies show eyewitness testimony is only right about half the time – a reality that has prompted a small vanguard of police chiefs, courts and lawmakers to toughen laws governing the handling of eyewitnesses and their accounts of crimes….

“Prosecutors, however, have opposed the efforts, arguing that the changes erode their powers, even as studies have shown that eyewitnesses are about half as likely to choose the correct suspect out of a lineup as they are to choose some combination of the innocent fillers or no suspect at all when the correct one is present. The reexamination of eyewitness testimony comes at a time when technology and other forensic analysis are being given greater weight….”

– From “Eyewitness Testimony No Longer A Gold Standard” by Nigel Duara of the Associated Press (April 19, 2014)

TV prosecutor Jack McCoy suffered his own ethical dark nights of the soul, but I can’t imagine him finding much in common with such miscreants as these.