May 2, 2012

“Ironically, the children are indeed being sexually and emotionally abused by the therapists, officials and medical personnel who are supposed to be protecting them, and they often develop long-term symptoms as a result, including anxiety, insecurity, insomnia, nightmares, fear of strangers, depression, rages, obsession with death and suicidal impulses.

“These, of course, are then taken as proof that the original suspected abuse did, indeed, take place.”

– From “Victims of Memory: Sex Abuse Accusations and
Shattered Lives” by Mark Pendergrast (1996)

Jan. 21, 2013

“According to advocates (of victim impact statements), they allow victims to personalize the crime and elevate the status of the victim by describing the effect the crime has had on them or their families. Some laud the courtroom ritual as an aid in the emotional recovery of the victim…. A few legal scholars suggest that the well-intentioned personalization of a crime can blur the line between public justice and private retribution….”

– From “Death by Treacle” by Pamela Haag in the American Scholar (Spring 2012)

“Prosecutor Nancy Lamb and the mothers of the victims burst into tears. Court officials handed out tissues.”

– From “Day Care Owner Convicted on 99 Counts of Child Abuse” by the Associated Press (April 22, 1992)

Count me with those “few legal scholars” who doubt justice is well served by injections of sentimentality. (Although Bob Kelly’s sentencing seems to have concluded without victim impact statements, prosecutors ensured an ample display of mawkishness – the front row was packed with supposed child-victims holding tight to their dolls and teddy bears.)

But sentimentality also extends to the blindered bonding of Little Rascals prosecutors and parents.

What if Nancy Lamb had managed to keep even the slightest professional distance between herself and the parents, instead of being swallowed up in their manic cause? Might she have been able to glimpse reality?

And what if Bill Hart had avoided dating (and later marrying) one of those parents?

Pennsylvania prosecutor Alan Rubenstein managed to avoid such pitfalls – why couldn’t others?

May 30, 2012

Is the case for pardoning the Wilmington 10 any more compelling than that for pardoning the Edenton Seven?

As the N&O’s Bruce Siceloff points out, “Somebody firebombed Mike’s Grocery, a white-owned store in a black Wilmington neighborhood, during three days of racial violence in February 1971. When firefighters and police came to put out the blaze, somebody fired shots at them.”

In Edenton, by contrast, no crime was committed, making exoneration all the more challenging: There’s no alternative “somebody” to point to.

Feb. 13, 2015

“Psychologists terminated a study (of 70 students at a Canadian university) that showed the ease of implanting false memories of committing terrible, violent crimes in the recent past – because some subjects couldn’t be convinced that they hadn’t committed the crime after they were told the truth.”

– From “Police interrogation techniques generate false memories of committing crimes” by Cory Doctorow at Boing Boing (Feb. 9)

More on this recent study from Sarah Barmak at the Toronto Star:

“If subjects said they couldn’t remember the false event, questioners reassured them they would be able to retrieve their ‘lost memories’ if they tried hard enough. If they began to ‘remember,’ experimenters asked for more detail. Do you recall any images? How did you feel? Visualize what it might have been like, they said, and the memory will come back to you….”

“Lost memories,” of course, were the fool’s gold mined so relentlessly by the prosecution therapists in the Little Rascals Day Care case. Remarkably, it took only three 40-minute sessions for the Canadian researchers to corrupt the memories of fully 70 percent of their college-age subjects – the Little Rascals children required months of implantation!