May 31, 2016

“A consensus is building around the need to seriously rethink the role of the prosecutor in the administration of justice. Power dynamics are unbalanced, sentencing guidelines are outdated, and old-fashioned human biases persist. And prosecutors – singularly independent agents in a justice system roiling in turmoil – have been facing growing criticism and public distrust for some time, and that disapproval is about to hit a tipping point.

“It’s time to curtail the power long held by these officers of the court as they promote justice, ensure fairness, and enhance public safety.”

– From “Are Prosecutors the Key to Justice Reform?” by Juleyka Lantigua-Williams in the Atlantic (May 18)

Is the North Carolina Bar ready to take the first step toward holding prosecutors accountable?

April 23, 2012

In 2007, W. Joseph Wyatt, writing in the professional journal The Behavior Analyst Today, looked back at the Little Rascals case:

“Prosecutors appeared to have little appreciation for the possibility, or likelihood, that they were pursuing innocent people. Prosecutorial fervor for the case evidently persisted long after it had become clear that the case had taken a series of wrong turns.

“Despite the disastrous results, one of the prosecutors continues to hold herself out as an expert. As recently as November, 2006, Nancy Lamb, still working as an assistant district attorney, was co-presenter of a training program for professionals titled ‘The Necessary Components of a Legally Defensible Child Sex Abuse Investigation.’ ”

If for no other reason, the Little Rascals case demands continued public attention as long as Nancy Lamb remains at large, presenting her cruelty and deviousness as a model for future prosecutions.

Update: At a 2010 workshop for the North Carolina Conference of District Attorneys, “Nancy Lamb… presented on how to defend the forensic interview in the courtroom.”

Jan. 11, 2019

The Little Rascals Day Care Case archive at Duke Law School is about to get some impressive company. Mary deYoung, perhaps the most prolific researcher and chronicler of the “satanic ritual abuse” era, has agreed to place her own voluminous papers at Duke.

The author of both “The Day Care Ritual Abuse Moral Panic” (2004) and “The Ritual Abuse Controversy: An Annotated Bibliography” (2002), she is now emerita professor of sociology at Grand Valley State University. I asked Dr. deYoung to describe what she will be sending Duke’s way….

“My papers include 40 binders on American, European and Australasian cases. For many of the cases, I traveled to the site of the moral panic and collected local material that is not generally available by internet searches. I also have a file box of ephemera – symptom lists, descriptions of rituals, etc. – that were widely circulated at the endless training sessions that recruited so many social workers, police officers, medical and legal professionals to the idea that day care providers were engaged in a satanic conspiracy to abuse children. I have a few books, written by apologists, that probably should have been burned long ago, but they are testimony to the mainstreaming of these ridiculous ideas….

“The prospect that lessons can be learned from this dark decade is very satisfying…. While day care centers are no longer the site of the panic, the ridiculous assertions, unfounded complaints and pseudoscience that resulted in so many miscarriages of justice still occur in recovered memory and other types of cases around the Western world.”

June 4, 2012

“Drawing upon clinical experience and research, Faller… asserted that false allegations are quite rare and pointed out that children have little motivation for making a false accusation, but offenders have considerable motivation for persuading professionals that children are either lying, mistaken, or crazy.”

– From “Interviewing Children About Sexual Abuse: Controversies and Best Practice” by Kathleen Coulborn Faller (2007)

Yes, that Kathleen Coulborn Faller, whose stubborn belief in day-care ritual abuse was expressed four years earlier in “Understanding and Assessing Child Sexual Maltreatment.”

Although “Interviewing Children…” isn’t specific to ritual abuse cases, Dr. Faller’s casual dismissal of false allegations echoes the “Believe the Children” mantra of that era.

So much wrongheadedness she manages to pack into a single sentence:

■ “Drawing upon clinical experience and research, Faller… asserted that false allegations are quite rare… ” Here she cites not only her own anecdotal impressions, but also the profoundly misguided research conducted during the height of the abuse mania.

■ “… and pointed out that children have little motivation for making a false accusation…” In fact, children who have been coaxed, threatened and worn down have every motivation to please their interrogators.

■ “… but offenders have considerable motivation for persuading professionals that children are either lying, mistaken, or crazy.” Did it occur to Dr. Faller that offenders have not a bit more such motivation than innocent defendants?

■ ■ ■

Ritual abuse: the creationism of social science?