July 22, 2013

“Precisely because of human fallibility, extraordinary claims require extraordinary evidence. Now, I know that (alien-abduction theorist) Budd Hopkins responds that extraordinary claims require extraordinary investigations. And I have two kinds of responses to that.

“There is a claim that a brontosaurus is tramping through the jungles today in the Republic of Congo. Should a massive expedition be mounted with government funds to find it, or it is so implausible as not to be worth serious sustained systematic attention?

“My second point is that to the extent that extraordinary claims require extraordinary investigations, those investigations must be true to the spirit of science. And that means highly skeptical, demanding, rigorous standards of evidence. There’s not a hint of that from alien abduction enthusiasts.”

– From “Carl Sagan on Alien Abduction” on NOVA (Feb. 27, 1996)

I’m just trying to imagine the Little Rascals prosecutors and therapists conferring after a long day of bullying 3-year-olds and asking themselves whether their investigations had been “true to the spirit of science.”

March 26, 2012

How did the moral panic over day-care ritual abuse spread so widely? Did some undetected psychotropic waft from Manhattan Beach to Edenton to Christchurch, New Zealand?

I was reminded of that lingering question while reading the smart and lively “Mistakes Were Made (But Not by Me): Why We Justify Foolish Beliefs, Bad Decisions and Hurtful Acts” (2007).

Although Carol Tavris and Elliot Aronson address the day-care panic only briefly, their reference to the McMartin case having produced “copycat accusations against day care teachers across the country” caught my attention. Yes, the timing, pattern and similarity of these cases suggest conscious imitation, but I haven’t seen the evidence.

“We didn’t mean ‘copycat’ literally,” Tavris explains in an e-mail. “It’s just that the McMartin hysteria scared people, and got them worried about their own local day care centers, and motivated DAs and cops to advance their careers by finding these villains… and thereby launched a thousand other efforts to find molesters under the bed and in the day care classrooms…. That’s what a hysterical epidemic means.”

Coincidentally, I’ve been corresponding with Michael Hill, professor of sociology at Victoria University of Wellington, who has traced outbreaks in New Zealand and Australia directly to visits from such American Appleseeds as Roland Summit and Kee MacFarlane.

Jan. 29, 2016

“The release last month of ‘Making a Murderer’ capped a year in which popular culture’s portrayal of the criminal justice system seems to have shifted. Out with the old tropes about truth-seeking investigators and tidy resolutions; in with the disquieting, dysfunctional reality of many courtrooms and police stations….

“Yes, post-conviction DNA testing and the work of Innocence Projects around the country have exonerated more than 1,700 defendants. Those cases heighten awareness of potential errors and demonstrate that wrongful convictions happen. But Americans shouldn’t expect certainty about innocence. Sometimes the focus on finding new evidence to exonerate distracts from the question of whether the old evidence proved guilt….

Read more here. Cached here.

“Fewer than 70,000 federal felonies are prosecuted each year, while roughly 2.5 million felonies proceed through the state courts. Many state cases involve near-simultaneous investigation and prosecution. One rarely finds out ‘what really happened.’

“The prosecutor in Avery’s trial argued in his closing statement that ‘reasonable doubts are for innocent people.’ They are not. And procedural protections like access to defense counsel and freedom from coerced interrogations extend to both the innocent and the guilty. The real contribution of these documentaries is not to ask ‘whodunit’ but to reveal what was done to defendants….

“The United States criminal justice system needs fewer guilt-assuming interrogation tactics, more disclosure of potentially exculpatory information to the defense, expanded oversight units within prosecutors’ offices to investigate potential miscarriages of justice and fuller appellate scrutiny of convictions.

“The moment is ripe for reform, culturally and politically….”

– From by “ ‘Making a Murderer’ Is About Justice, Not Truth” by Lisa Kern Griffin, Duke Law professor and former federal prosecutor, in the New York Times (Jan. 12)

Will this heightened skepticism about the nation’s justice system ever trickle down to exonerate the Edenton Seven and free Junior Chandler?

Jan. 2, 2013

What a bittersweet moment, reading Gov. Bev Perdue’s statement announcing her pardon of innocence for the Wilmington 10.

Surely, for the six surviving defendants, the pardon represents far too little justice, far too long delayed. But so many of Perdue’s words apply poignantly to a more recent “dark chapter in North Carolina’s history” – the prosecution of the Edenton Seven:

“I have decided to grant these pardons because the more facts I have learned… the more appalled I have become about the manner in which their convictions were obtained….

“This conduct (of prosecutor Jay Stroud) is disgraceful. It is utterly incompatible with basic notions of fairness and with every ideal that North Carolina holds dear. The legitimacy of our criminal justice system hinges on it operating in a fair and equitable manner…. That did not happen here. Instead, these convictions… represent an ugly stain on North Carolina’s criminal justice system….

“Justice demands that this stain finally be removed. The process in which this case was tried was fundamentally flawed….”

As noted previously, state government has continued to withhold exoneration from the Little Rascals defendants. In addition to these reasons that the Edenton Seven haven’t matched the Wilmington 10 in capturing the public eye, there is this notable difference in the two cases:

No one involved in prosecuting the Wilmington 10 remains in office, and the current Pender County district attorney has accepted Perdue’s decision without complaint. But two decades after prosecuting the Edenton Seven, Bill Hart and Nancy Lamb remain on the job, no doubt ready to beat down any hint of exoneration.