Oct. 12, 2011

In the digital age more than ever before, no bad idea ever dies. Consider (neo)Nazism, creationism and vaccine-caused autism.

Despite overwhelming evidence to the contrary, ritual sex abuse is still being promoted as a significant national peril.

The possibility of another episode of day-care hysteria – e.g., Little Rascals, McMartin, Fells Acres, Wee Care – has lessened but certainly not vanished. A repeat of history requires only an angry parent or two, an agenda-guided therapist and a fervid prosecutor.

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 Power dynamics are unbalanced, sentencing guidelines are outdated, and old-fashioned human biases persist.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?

Nov. 16, 2012

“In North America in the 1980s, the moral panic about organized child abuse arose in a context that included the following scares:

• “a moral panic about satanic activity;
• “a scare about missing and murdered children;
• “great public anxiety about incest, redefined as child sexual abuse during the 1970s;
• “a wave of disputed custody cases in which women accused their former husbands of sexually abusing children during court-ordered visitations;
• “self-help books by women claiming to be ‘survivors’ of incest and ritual abuse;
• “therapists’ claims that many of their adult women patients suffered from multiple-personality disorder as a result of severe childhood sexual and ritual abuse.

“Of particular importance were claims that society was in denial about widespread child sexual abuse…. Thus, claims about organized child abuse by caregivers were made in a context of claims about similar issues, and the effect of claims in one panic was to reinforce claims in another.”

– From “Wrongful Conviction and the Moral Panic About Organized Child Abuse: National and International Perspectives” by Randall Grometstein (2005)

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.