DOCSLIB.ORG

Criminal Law Bulletin

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Criminal Law Bulletin CRIMINAL LAW BULLETIN Volume 37, Number 4 Contents 291 The Truth About False Confessions and Advocacy Scholarship Richard A. Leo and Richard J. Ofshe 371 A Defense Perspective of Treatment Programs for Juvenile Sex Oenders David R. Katner 395 Empirical Studies on Race and Death Penalty Sentencing: A De- cade After the GAO Report Jon Sorensen; Donald H. Wallace and Rocky L. Pilgrim 408 Forensic Science: Statistical Evidence Edward J. Imwinkelried 420 United State Supreme Court Decisions 422 Significant State Court Decisions 426 Selected State Court Decisions 431 From the Legal Literature 438 Book Review Volume 37, Number 4. Criminal Law Bulletin (USPS 0138-000) (ISSN 0011-1317) is published 6 times a year, bimonthly, by West Group, 610 Opperman Drive, Eagan, MN 55123-1396. Subscription Price: USA, US possessions and Canada-$150 annually; elsewhere-$195 annually. Periodicals postage paid at St. Paul, MN, and additional mailing oces. Postmaster: Send address changes to Criminal Law Bulletin. PO Box 64526, St. Paul, MN 55164-0526. Back issues may be obtained from: William S. Hein and Co., Inc., 1285 Main St., Bualo, N.Y. 14209, 800-828-7571. Copyright © 2001 West Group. All rights reserved. July–August 2001 @MAGNETO/VENUS/HANDBOOK01/BULLETIN/CRIMLAW/CLB01374 SESS: 1 COMP: 07/23/01 PG. POS: 1 Editors-in-Chief Fred Cohen, James R. Acker Legal Editor Shannon L. Stockwell Manuscript Editor Richard E. Greeley Contributing Editors Scott Christianson, Michael H. Graham, Victor E. Kappeler, Kenneth F. McCallion, J. Dean Carro, and James Robertson Symposium Editor Wayne A. Logan Book Review Editor Richard Irving Publisher Cheryl Giraulo Editorial Advisory Board Herald P. Fahringer Practicing Attorney, New York City, Bualo James J. Fyfe Professor, Temple University Walter L. Gerash Practicing Attorney, Denver Bennett L. Gershman Professor, Pace University, School of Law Gerald W. Heller Practicing Attorney, Washington, D.C. Yale Kamisar Professor, University of Michigan Law School David B. Wexler Professor, University of Arizona College of Law and University of Puerto Rico School of Law Marvin Zalman Professor, Wayne State University We welcome the submission of material to be considered for publica- tion including articles, decisions, or other items of interest to judges, practic- ing attorneys, prosecutors, administrators and correctional ocials. The utmost care will be given material submitted, though we cannot accept responsibility for unsolicited manuscripts. Manuscripts should be neatly typed and double-spaced on 81/2" { 11" white bond. Footnotes should conform to A Uniform System of Citation and should be formatted electroni- cally as footnotes. The author should submit a clean original, two copies, and a copy on diskette. The inclusion of a brief biographical description of the author will be helpful. Material should be mailed to: Professor Fred Cohen Professor James R. Acker 9771 E. Vista Montanas School of Criminal Justice Tucson, Arizona 85749 SUNY at Albany 135 Western Ave. Albany, New York 12222 West Group has created this publication to provide you with accurate and authoritative information concerning the subject matter covered. However, this publication was not necessarily prepared by persons licensed to practice law in a particular jurisdiction. West Group is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other profes- sional. @MAGNETO/VENUS/HANDBOOK01/BULLETIN/CRIMLAW/CLB01374 SESS: 1 COMP: 07/23/01 PG. POS: 2 The Truth About False Confessions and Advocacy Scholarship1 Richard A. Leo2 Richard J. Ofshe3 Research References West Key No. Digests Criminal Law ” 516 to 538 KeyCiteL: Cases and other legal materials listed in KeyCite Scope can be researched through West Group’s KeyCite service on WestlawL. Use KeyCite to check citations for form, parallel references, prior and later history, and comprehensive citator information, including cita- tions to other decisions and secondary materials. I. Introduction: The Problem II. The Consequences of False Confessions: The Findings III. Cassell’s Commentary Is Inaccurate, Unpersuasive and Flawed (A) Introduction (B) Cassell’s Flawed Presentation of Numbers and Arguments (C) Cassell’s Critique of Our Sources is Inaccurate and Unpersua- sive (D) Cassell’s Commentary Misses the Point (E) Cassell Mischaracterizes the Recommendations of Conse- quences IV. Cassell’s Failed Case Challenges (A) Introduction (B) Illustrating Cassell’s Inadequate Case Presentations (1) The Case of Barry Lee Fairchild (a) Voluntariness (b) Reliability V. Conclusion 1 We thank James Acker, Steve Drizin, Stanley Fisher, George C. Thomas III, Charles Weisselberg, and Welsh White for helpful comments on earlier drafts of this article. 2 Assistant Professor of Criminology, Law and Society and Assistant Professor of Psychology and Social Behavior, University of California, Irvine. 3 Professor of Sociology, University of California, Berkeley. 293 @MAGNETO/VENUS/HANDBOOK01/BULLETIN/CRIMLAW/CLB01374 SESS: 1 COMP: 07/23/01 PG. POS: 3 CRIMINAL LAW BULLETIN VI. Appendix: The Remaining Eight Cases (1) Joseph Giarratano (2) Paul Ingram (3) Richard Lapointe (4) Jessie Misskelley (5) Bradley Page (6) James Harry Reyos (7) Linda Stangel (8) Martin Tankle I. Introduction Few topics shed more light on the administration of criminal justice than the study of its errors: wrongful arrests, prosecutions, convictions, incarcera- tions and executions. Beginning with Edwin Borchard’s study Convicting The Innocent in 1932,4 social scientists, legal scholars, and journalists have documented hundreds of wrongful arrests and miscarriages of justice in America,5 including cases in which innocent individuals were executed by the state.6 Researchers have sought to deepen our understanding of the decision-making biases of criminal justice ocials and juries that have led to erroneous judgments; the multiple sources and causes of wrongful arrest and conviction; the conditions under which the wrongful use of state power is likely to occur; the harms and deprivations of liberty that the criminal justice system inicts on the lives of the wrongfully arrested, prosecuted, convicted 4 Edwin Borchard, CONVICTING THE INNOCENT (1932). 5 See, for example, Borchard, supra note 4; Erle Stanley Gardner, THE COURT OF LAST RESORT (1952); Jerome Frank & Barbara Frank, NOT GUILTY (1957); Edward Radin, THE INNOCENTS (1964); Hugo Adam Bedau and Michael L Rade- let, Miscarriages of Justice in Potentially Capital Cases, 40 STAN. L. REV. 21 (1987) [Hereinafter, Miscarriages of Justice]; Samuel R. Gross, Loss of Innocence: Eyewitness Identication and Proof of Guilt, 16 J. Legal Stud. 395 (1987); Martin Yant, PRESUMED GUILTY: WHEN INNOCENT PEOPLE ARE WRONG- FULLY CONVICTED (1991); Edward Conners et al., CONVICTED BY JURIES, EXONERATED BY SCIENCE: CASE STUDIES IN THE USE OF DNA EVI- DENCE TO ESTABLISH INNOCENCE AFTER TRIAL; C. Ronald Hu et al., CONVICTED BUT INNOCENT: WRONGFUL CONVICTION AND PUBLIC POLICY (1996); Daniel Givelber, Meaningless Acquittals, Meaningful Convic- tions: Do we Reliably Acquit the Innocent, 49 RUTG. L. REV. 1317 (1997); Mi- chael L. Radelet et al., Prisoners Released From Death Rows Since 1970 Because of Doubts About Their Guilt, 13 T.M. COOLEY L. REV. 907 (1998); Edward Humes, MEAN JUSTICE; and Barry Scheck et. al., ACTUAL INNOCENCE: FIVE DAYS TO EXECUTION AND OTHER DISPATCHES FROM THE WRONGLY CON- VICTED (2000). 6 See Bedau and Radelet, supra note 5. See also Samuel R. Gross, The Risks of Death: Why Erroneous Convictions are Common in Capital Cases, 44 BUFF. L. REV. 469 (1996). 294 @MAGNETO/VENUS/HANDBOOK01/BULLETIN/CRIMLAW/CLB01374 SESS: 1 COMP: 07/23/01 PG. POS: 4 FALSE CONFESSIONS and/or incarcerated; and the types of policy reforms that, if implemented, could minimize the incidence of wrongful conviction in America.7 To contribute to this investigation, in 1998 we published The Conse- quences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation (hereinafter, Conse- quences) — a study of 60 confession-driven cases, all of which involved a false confession by an innocent person, arrest and often wrongful convic- tion.8 As with the seminal research of Bedau and Radelet on miscarriages of justice in capital and potentially capital cases,9 our article drew a one-sided response from Paul Cassell, The Guilty and the ‘‘Innocent’’: An Examina- tion of Alleged Cases of Wrongful Conviction from False Confessions (here- inafter Examination).10 Numerous social scientists and legal scholars have strongly criticized Cassell for his bias;11 reliance on awed methods, studies, and data;12 inaccurate and incomplete summaries;13 sources and quotes out of context;14 arbitrary, speculative and exaggerated statistical estimates;15 7 See generally supra note 5. 8 Richard A. Leo & Richard J. Ofshe, The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, 88 J.CRIM. L. & CRIMINOLOGY 429 (1998) [Hereinafter Leo & Ofshe, Consequences]. 9 See Bedau and Radelet, Miscarriages of Justice, supra note 5; Stephen L. Mark- man & Paul G. Cassell, Protecting the Innocent: A Response to the Bedau-Radelet Study, 41 STAN. L. REV. 121 (1988); Hugo Adam Bedau and Michael Radelet, The Myth of Infallibility: A Reply to Markman and Cassell, 41 STAN. L. REV.
Load more

Recommended publications
  • November, 2018 DR. RICHARD A. LEO, PH.D, J.D
    November, 2018 DR. RICHARD A. LEO, PH.D, J.D. CURRICULUM VITAE ADDRESSES Professional Office (Mailing Address) University Office 15 Ashbury Terrace University of San Francisco San Francisco, CA 94117 School of Law San Francisc o, CA 94117 Phone: (415) 661-0162 415-422-6513 FAX: (415) 422-6433 (415) 422-6433 Email: [email protected] [email protected] Webpage: http://www.usfca.edu/law/faculty/fulltime/leor.html SSRN: http://ssrn.com/author=1020356 BePress: http://works.bepress.com/richardleo/ POSITIONS HELD 7/06-Present Hamill Family Professor of Law and Psychology University of San Francisco 8/05-Present Fellow, Institute for Legal Research Criminal Justice Studies Program University of California, Berkeley School of Law 9/14-6/15 Fellow, Center for the Advanced Study in the Behavioral Sciences Stanford University 7/13-6/14 Visiting Professor of Law and Co-Director, Program on Understandi ng Law, Science and Evidence University of California, Los Angeles 7/97 – 6/06 Associate Professor of Criminology, Law and Society and Psychology and Social Behavior University of California, Irvine (Tenured in 2001) 8/94 - 5/97 Assistant Professor of Sociology and Adjunct Professor of Law University of Colora do, Boulder 1 EDUCATION 8/90 - 8/94 Ph.D. in Jurisprudence and Social Policy Specialization: Criminology and Social Psychology University of California, Berkeley 8/92 - 5/94 J.D., Boalt Hall School of Law University of California, Berkeley 9/87 - 6/89 M.A. in Sociology University of Chicago 9/81 - 5/85 A.B. in Sociology, with Honors University of California, Berkeley ACADEMIC SPECIALIZATION Criminal Procedure/Criminal Law Psychology and Law Social Psychology Criminology and Criminal Justice Law and Social Science Police Organization/Behavior RESEARCH SPECIALIZATION Police Interrogation Wrongful Convictions Coercive Persuasion False Confessions Miscarriages of Justice Influence and Decision-Making AWARDS Distinguished Scholar Award (2017).
    [Show full text]
  • False Memory Syndrome: "The Female Malady"
    Dalhousie Journal of Legal Studies Volume 5 Article 3 1-1-1996 False Memory Syndrome: "The Female Malady" Erin Brady Follow this and additional works at: https://digitalcommons.schulichlaw.dal.ca/djls This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Recommended Citation Erin Brady, "False Memory Syndrome: "The Female Malady"" (1996) 5 Dal J Leg Stud 69. This Article is brought to you for free and open access by the Journals at Schulich Law Scholars. It has been accepted for inclusion in Dalhousie Journal of Legal Studies by an authorized editor of Schulich Law Scholars. For more information, please contact [email protected]. FALSE MEMORY SYNDROME: "THE FEMALE MALADY" 1 ERIN BRADyt The theory of memory repression has been both relied on by adult survivors as evidence of sexual crimes committed against them, and endorsed by many of the higher courts in Canada, including the Supreme Court of Canada. Advocates of the false memory syndrome refute the scientific validity of repressed memories, and vigorously oppose their judicial acceptance, by contending that recovered memories of childhood abuse are more often the product of a therapeudic relationship gone wrong. An examination of the manner in which the false memory syndrome is being pleaded by defence counsel, and heard by Canadian courts, reveals that it is a decidedly gendered phenomenon and employed almost exclusively to describe female experience. The article explores the anti-women stereotypes which underlie the defence and seeks to demonstrate the extent to which the false memory syndrome represents a formidable obstacle to all survivors of sexual abuse seeking legal redress.
    [Show full text]
  • Cooperation, Control, and the New Industrial Relations
    Brave New Workplace: Cooperation, Control, and the New Industrial Relations Roberto J. Gonzalez And that . that is the secret of happiness and virtue-likeing what you've got to do. All conditioning aims at that: making people like their inescapable social destiny. -Aldous Huxley (1932) In the last twenty years, changes in many United States manufacturing plants have prompted some observers to herald the arrival of a second industrial revolution. A cluster of new techniques-including "job rotation," "learning by doing," "flexible production," and 'just-in-time delivery" of component parts-was first adopted in Japan and is now, according to the conventional wisdom, indispensable for competing in the so-called global market place. Among the most significant shifts is the "social organization of production," where work teams and "quality circles" have become the building blocks of tomorrow's work force (Kenney and Florida 1988).1 The quality circle, a committee made up of ten to fifteen workers, analyzes and solves quality control problems and points of contention by using a method of "communal problem- solving." This "soft" approach to management-in which workers are said to manage themselves-received much attention following a lengthy 1981 cover story in Business Week entitled "The New Industrial Relations." From assembly plants, the techniques diffused outward to many American bureaucracies and businesses, including supermarkets, schools, banks, and government offices-including the Pentagon (Schmitt 1994)-to name but a few. The goal was to end the adversarial relationship between management and labor through "self-managed" work teams, and in so doing improve the efficiency and psychological "health" of those involved.
    [Show full text]
  • RICHARD J. OFSHE Curriculia Vitae Residence: University
    RICHARD J. OFSHE Curriculia Vitae Residence: University: 7112 Marlborough Terrace Department of Sociology Berkeley, California 94705 University of California 41 5/845-4911 Berkeley, California 94720 415/642-4289 or 22845 State Route 1 415/642-4766 Marshall, California, 94940 415/663-1245 Personal: Birthdate: February 27, 1941 Education: Stanford University Ph.D. -- 1968, Sociology Queens College, C.U.N.Y. J4.A. -- 1964, Sociology Queens College, C.U.N.Y. B.A. -- 1963, Psychology Doctoral Dissertation, UA Theory of Behavior Under Conditions of Reference Conflict, Stanford UnIversity, 1968 M.A. Thesis, Effects of Interaction in Interpersonal Comunicatlon," Queens College, C.U.N.Y., 1964 Positions: Professor, Department of Sociology, University of California, Berkeley, California, 1982- Associate Professor, Department of Sociology, University of California, Berkeley, California, 1971-82 Assistant Professor, Department of Sociology, University of California, Berkeley, California, 1967-71 Visiting Associate Professor, Department of Sociology, Stanford University, Stanford, California, Sunnier 1971 Honors: John Simon Guggenheim Memorial Foundation Fellow -- 1973-74 Pulitzer Prize -- For Public Service -- 1979: Member of the three-person reporting and research group whose work won the award in the name of the Point Reyes Light newspaper <<< Page 1 >>> Honors ~continued): California Newspaper Association Awards -- 1980: Conununity Service Award -- for editorials and news stories about state government's failure to regulate Synanon Best Editorial Series -- for editorials about state government's failure to regulate Synanon Best News Series -- for news coverage of Synanon and state government Each awarded to the Point Reycs Light based in part on my work Visiting Scholar -- University Center of Georgia, Atlanta, 1982 Professional Activities: Member.
    [Show full text]
  • Volk, Devils and Moral Panics in White South Africa, 1976 - 1993
    The Devil’s Children: Volk, Devils and Moral Panics in White South Africa, 1976 - 1993 by Danielle Dunbar Thesis presented in fulfilment of the requirements for the degree Master of Arts (History) in the Faculty of Arts and Social Sciences at Stellenbosch University Supervisor: Prof Sandra Swart Faculty of Arts and Social Sciences March 2012 Stellenbosch University http://scholar.sun.ac.za DECLARATION By submitting this thesis/dissertation electronically, I declare that the entirety of the work contained therein is my own, original work, that I am the sole author thereof (save to the extent explicitly otherwise stated), that reproduction and publication thereof by Stellenbosch University will not infringe any third party rights and that I have not previously in its entirety or in part submitted it for obtaining any qualification. March 2012 Copyright © 2012 Stellenbosch University All rights reserved i Stellenbosch University http://scholar.sun.ac.za ABSTRACT There are moments in history where the threat of Satanism and the Devil have been prompted by, and in turn stimulated, social anxiety. This thesis considers particular moments of ‘satanic panic’ in South Africa as moral panics during which social boundaries were challenged, patrolled and renegotiated through public debate in the media. While the decade of the 1980s was marked by successive states of emergency and the deterioration of apartheid, it began and ended with widespread alarm that Satan was making a bid for the control of white South Africa. Half-truths, rumour and fantasy mobilised by interest groups fuelled public uproar over the satanic menace – a threat deemed the enemy of white South Africa.
    [Show full text]
  • American Monsters: Tabloid Media and the Satanic Panic, 1970-2000
    AMERICAN MONSTERS: TABLOID MEDIA AND THE SATANIC PANIC, 1970-2000 A Dissertation Submitted to the Temple University Graduate Board In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY by Sarah A. Hughes May 2015 Examining Committee Members: Kenneth L. Kusmer, Advisory Chair, History Carolyn Kitch, Journalism Susan E. Klepp, History Elaine Tyler May, External Member, University of Minnesota, American Studies © Copyright 2015 by Sarah A. Hughes All Rights Reserved iii ABSTRACT “American Monsters: Tabloid Media and the Satanic Panic, 1970-2000,” analyzes an episode of national hysteria that dominated the media throughout most of the 1980s. Its origins, however, go back much farther and its consequences for the media would extend into subsequent decades. Rooted in the decade’s increasingly influential conservative political ideology, the satanic panic involved hundreds of accusations that devil-worshipping pedophiles were operating America’s white middle-class suburban daycare centers. Communities around the country became embroiled in criminal trials against center owners, the most publicized of which was the McMartin Preschool trial in Manhattan Beach, California. The longest and most expensive trial in the nation’s history, the McMartin case is an important focal point of this project. In the 1990s, judges overturned the life sentences of defendants in most major cases, and several prominent journalists and lawyers condemned the phenomenon as a witch-hunt. They accurately understood it to be a powerful delusion, or what contemporary cultural theorist Jean Baudrillard termed a “hyperreality,” in which audiences confuse the media universe for real life. Presented mainly through tabloid television, or “infotainment,” and integral to its development, influence, and success, the panic was a manifestation of the hyperreal.
    [Show full text]
  • Dear Friends, in Recent Months, Most of the Publicity About Recovered
    FALSE MEMORY SYNDROME FOUNDATION NEWSLETTER SPRING 2009 Vol. 18 No. 2 Dear Friends, Dr. Kluft made no mention of the skepticism about In recent months, most of the publicity about recovered Sybil’s diagnosis that resulted from the discovery of audio memories and multiple personality disorder has been in tapes of her highly suggestive interviews with Dr. Wilbur. He makes no mention that Herbert Spiegel, M.D., who also connection with the new Showtime television series: The treated Sybil, did not diagnose her as having multiple per- United States of Tara. For example, CBS, which owns sonality.[2] Showtime, devoted a segment of CBS Sunday Morning to The infomercial is blatantly biased. On page 4 of this issue, Numan Gharaibeh, M.D., analyzes the Kluft “Unraveling the Secret of ‘Alters.’” [1] The program includ- infomercial and discusses the ethical responsibility of all ed an interview with Diablo Cody, the Tara program’s those involved. writer, in which we learned: An FMSF newsletter reader sent us the following “Have viewers recognized themselves in Tara, [have they] thought provoking comment about The United States of said, ‘Maybe I have this disorder’? Have you gotten that reac- Tara: tion?” asked Smith. “It’s ironic that Steven Spielberg is the executive producer “Yeah, it surprises me,” Cody said. “People actually have of United States of Tara. He won an academy award for said that.” directing Schindler’s List, a Holocaust film, and founded the Why was Diablo Cody surprised? Surely she knows that Shoah Foundation to preserve the testimonies of Holocaust people make sense of their own lives by what they read or survivors.
    [Show full text]
  • Marita Sturken Source: Social Text, No
    The Remembering of Forgetting: Recovered Memory and the Question of Experience Author(s): Marita Sturken Source: Social Text, No. 57 (Winter, 1998), pp. 103-125 Published by: Duke University Press Stable URL: http://www.jstor.org/stable/466883 . Accessed: 22/01/2011 20:18 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=duke. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Duke University Press is collaborating with JSTOR to digitize, preserve and extend access to Social Text. http://www.jstor.org The Remembering of Forgetting RECOVERED MEMORY AND THE QUESTION OF EXPERIENCE Recovered memory syndrome is a defining aspect of American culture in Marita Sturken the late twentieth century.
    [Show full text]
  • Maness V. Gordon and Alaska's Response to the Repressed Memory
    ARTICLE 6 - IKAHIHIFO-BENDER (DO NOT DELETE) 6/17/2016 2:46 PM IMPOSSIBLE TO FORGET: MANESS V. GORDON AND ALASKA’S RESPONSE TO THE REPRESSED MEMORY CONTROVERSY Iuniki L. Ikahihifo-Bender* ABSTRACT Alaska’s long-awaited legal approach to repressed memory syndrome and the discovery rule was announced in 2014 in the case of Maness v. Gordon. The Alaska Supreme Court held that discovery rule could not be invoked to toll the statute of limitations in repressed memory syndrome cases absent corroborating expert testimony. The court’s brief opinion in Maness provided little discussion on the scientific controversy surrounding repressed memory syndrome, created a relatively unique rule, and ultimately did not decide whether expert testimony would save a repressed memory syndrome claim. This Note aims to provide a deeper understanding of the controversy surrounding repressed memory syndrome in the scientific community and to compare and contrast Alaska’s new rule with the approaches of other states. Finally, this Note presents some alternative approaches the Alaska Legislature could consider and raises future issues that Maness did not address. Copyright © 2016 by Iuniki L. Ikahihifo-Bender. * J.D., Duke University School of Law, 2016; M.A. of Psychology, Duke University Graduate School, 2016; B.A., Psychology, New York University, 2012. Thank you to my mother, Talita, father, Tom, and sister, Jade, for their unending support, to Professor Thomas Metzloff for all of his encouragement, and to the staff of the Alaska Law Review for their help with this Note and all the time and energy they pour into making this journal the best it can be.
    [Show full text]
  • Expert Opinion Introduction We Have Been Requested of an Expert
    Expert Opinion Introduction We have been requested of an expert opinion on the subject whether notions such as “brainwashing,” “mind control,” or “mental slavery,” allegedly used by “cult” to control their “victims,” are generally accepted in the social scientific study of new religious movements. We have prepared this answer to the general question, without entering into the details of any specific case. We are also signatories of a letter written to the Knesset by several international leading scholars of new religious movements, urging members of the Israeli Parliament not to pass a proposed law against “cults” based on notions of mind control we regard as non-scientific.1 The question was debated in depth during the so called “cult wars” of the 1970s and 1980s,2 when a societal reaction developed against the success in the West of new religious movements, either imported from Asia or domestic, labeled as “cults” by their opponents. By the 1990s, the “cult wars” had largely ended in North America, although they continued in certain European countries and elsewhere, including in Israel. We have studied the “cult wars” for decades, and some of us have been active in them. Other have served in institutional capacities dealing with problems of religious liberty involving small and unpopular minorities. In 2011, for example, Massimo Introvigne served as the Representative of the OSCE (Organization for Security and Cooperation in Europe) for combating racism, xenophobia, and intolerance and discrimination against Christians and members of other religions. The Cult Wars; A History In the period from the late 1960s to the early 1970s, dozens of new religious movements appeared in the United States and in Europe, some originating from Asia.
    [Show full text]
  • New Wave in Children's Suggestibility Research: a Critique
    Cornell Law Review Volume 84 Article 3 Issue 4 May 1999 New Wave in Children’s Suggestibility Research: A Critique Thomas D. Lyon Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Thomas D. Lyon, New Wave in Children’s Suggestibility Research: A Critique , 84 Cornell L. Rev. 1004 (1999) Available at: http://scholarship.law.cornell.edu/clr/vol84/iss4/3 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. THE NEW WAVE IN CHILDREN'S SUGGESTIBILITY RESEARCH: A CRITIQUE Thomas D. Lyont ABSTRACT The new wave in children's suggestibility research consists of a pres- tigious group of researchers in developmental psychology who ar- gue that children are highly vulnerable to suggestive interviewing techniques. Because of its scientific credentials, its moderate tone, and its impressive body of research, the new wave presents a serious challenge to those who have claimed that children are unlikely to allege sexual abuse falsely. Although we can learn much from the research, concerns over society's ability to detect abuse motivate three criticisms. First, the new-wave researchers assume that highly suggestive interviewing techniques are the norm in abuse investiga- tions, despite little empirical evidence to support this claim. Sec- ond, the research neglects the characteristics of child sexual abuse that both make false allegations less likely and increase the need to guard against a failure to detect abuse when it actually has occurred.
    [Show full text]
  • Coerced Internalized False Confessions and Police Interrogations: the Power of Coercion
    CHAPMAN ALABAMA LPR SPRING 2013.DOCX 8/12/14 2:49 PM COERCED INTERNALIZED FALSE CONFESSIONS AND POLICE INTERROGATIONS: THE POWER OF COERCION Dr. Frances E. Chapman* ABSTRACT This paper examines false confessions, and in particular the misunderstood typology of “coerced-internalized” false confessions. These confessions are made by individuals who falsely confess, but truly believe in their guilt despite objective evidence to the contrary. The paper will begin with an examination of false confessions and police interrogation in general, and then will focus on coerced-internalized confessions in particular. Various case examples will be examined in brief, but the case example of Billy Wayne Cope will be discussed at length including the reported South Carolina Court of Appeal case, the transcripts of experts and the accused from trial, as well as an discussion of the extensive television documentary highlighting the possibility that Cope was wrongfully convicted. By looking at the specific words and reasoning of Billy Wayne Cope, this paper attempts to examine the impact of one of the most unique and misunderstood forms of false confessions, and to suggest what needs to be done differently in the future to prevent further miscarriages of justice. * Frances Chapman is an Assistant Professor at St. Jerome’s University at the University of Waterloo in Waterloo, Ontario. Dr. Chapman received a J.D. in 2002, and an L.L.M. in 2006, both from the University of Western Ontario. She completed a Ph.D. in law, in the topic of brainwashing, at Osgoode
    [Show full text]