From: Albertus Magnus Area: Base of Set To: All 4 May 95 02:58:16 Subject: Repressed Memories UpdReq Repressed memory conviction reversed By Alan Dershowitz - professor of law at Harvard University. His newest books are "The Advocate's Devil" (Warner Books) and "The Abuse Excuse" (Little, Brown & Company). In a stunning rebuke to the "repressed memory" movement, a federal judge has just reversed the movement's most publicized "victory." Back in 1990, a California jury had convicted George Franklin of an unsolved murder committed 21 years earlier. Franklin's daughter, Eileen Franklin-Lipsker, had suddenly remembered - two decades after the alleged event - that when she was 9 years old, she saw her father kill her 8-year-old friend. Despite the lack of objective corroboration, George was convicted and sentenced to life imprisonment. This victory was seen as judicial vindication of the repressed memory movement. Now, in a 51-page opinion, Judge Lowell Jensen has reversed this "poster boy" conviction and sent it back for a new trial. The judge focused on two fundamental trial errors that strike at the essence of the movement. The first grew out of jailhouse confrontations between father and daughter in which Eileen urged her father to "tell the truth" about killing the 8-year-old. George remained silent in the face of this request and his silence was cited by the prosecution as evidence of guilt. But this silence is evidence of nothing at all, especially since it is a tenet of the repressed memory movement that "denials" by "perpetrators" are also evidence of guilt. According to the movement, everything is evidence of guilt - denial, admission, silence. Of what use would a confrontation with Eileen have been? She would not have believed his denial, nor would her therapist. Indeed, it is likely that Eileen honestly believed that her repressed memory was true, even if it wasn't. Judge Jensen was both legally and factually correct in concluding that George's silence in this context is not proof of guilt. The other ground for reversal is equally destructive to the tenets of the repressed memory movement. All of the "facts" that Eileen claimed to have "remembered" were published in newspapers. It is certainly possible, therefore, that Eileen may have read or heard about the details rather than actually remembered them. Eileen herself may not even realize that her knowledge came about in this manner, since news reports of the crime were pervasive. But the trial judge precluded George's lawyer from introducing this external evidence. And the prosecution argued to the jury that only an eyewitness would have been aware of the specifics of the crime. The jury didn't know, therefore, that Eileen could have learned these specifics without having observed them firsthand. This ground for reversal is particularly important because the repressed memory movement generally eschews the need for external verification and frowns upon challenges to the recovered memories of "survivors." It may well be sound therapy - though I doubt it - to encourage patients to believe in fantasies which may help "explain" their symptoms. But the rules of therapy cannot automatically be transferred into the courtroom. In the therapeutic setting, it may not matter whether the recovered memory is true or false - as long as it helps to "heal" the patient. But in a court of law, it matters greatly - more than anything else - whether the memory is true or false. Because the "theory" of repressed memory has never been scientifically validated - because we have no scientifically provable way of distinguishing true from false recovered memories - the law should never authorize a criminal prosecution solely on the basis of a "recovered memory." A recovered memory should be able to serve as an investigative lead toward other objectively verifiable evidence. But no criminal conviction should be allowed to be based on the uncorroborated memory itself. These questions about the repressed memory movement do not necessarily mean that George Franklin is, in fact, innocent. It only means that we cannot know that he is guilty on the basis of Eileen's uncorroborated recovered memory. We certainly cannot know beyond a reasonable doubt. There may well be truth in some recovered memories. Only time, and scientific research, will tell. Most likely, the research will show that recovered memories signify some early trauma, but not necessarily the precise one recounted. Surely it is not enough that some people believe - even strongly believe - in the recovered memory movement's tenets. Many people also believe in astrology and signs from God. But courtroom proof requires external validation. "Junk science," "advocacy science," "subjective science" and "narrative science" may all have their advocates. But before we imprison someone, we need more than advocacy. We need scientific validity. At this point in time, repressed memory fails that stringent test. The road to hell may be paved with good intentions. But we must be sure that the road to prison is not paved with therapeutically meaningful but legally unsubstantiated "memories." 201434369420143436942014343694201434369420143436942014343694718 From: Lord Shadow Area: Base of Set To: Balanone 30 Apr 95 06:36:00 Subject: RE-ToS UpdReq Greetings, Balanone! 27 Apr 95 e.v. 21:13, Balanone wrote to Lord Shadow: B> John Youril just posted it in the PODS Metaphysical echo. B> Assuming your system picks up that echo, you should have it by B> now. Not yet, but it'll probably come through eventually. I don't know exactly how fast the Germany-US connection is. Probably a week? sign of chaos 201434369420143436942014343694201434369420143436942014343694718 From: Guus Goos Area: Base of Set To: Lord Shadow 3 May 95 15:15:30 Subject: RE-ToS UpdReq Merry Meet Again Lord Shadow! B> John Youril just posted it in the PODS Metaphysical echo. B> Assuming your system picks up that echo, you should have it by B> now. LS> Not yet, but it'll probably come through eventually. I don't LS> know exactly how fast the Germany-US connection is. Probably LS> a week? Well, my system carries the Metaphysical echo for years now and I'm filtering all the interesting texts out and save them to file. So.... if you need that special text, maybe I can help. It's much closer I think. :-) Blessed Be, GardenStone gstone@boudicca.robin.de 201434369420143436942014343694201434369420143436942014343694718 From: Balanone Area: Base of Set To: Mordred 4 May 95 17:50:32 Subject: Grrreetings UpdReq On May 01, 1995, Mordred wrote to Hellions re: Grrreetings M> Any Hellions about? Unfortunately I missed the deadline for M> the last issue, [ the sentinel gave me a very bad icy stare- M> so no need to rub salt into the wound :)= ]. One here, though quite inactive within the GoH because of my other activities within the Order of Shuti, Xem Pylon, Ruby Tablet staff, etc. Balanone PP FidoNet: Balanone at 1:203/444.15 Internet: Balanone@tefnut.astaroth.sacbbx.com ... The Borg do it collectively. ___ TagDude 0.87 [Unregistered] with 8437 taglines. 201434369420143436942014343694201434369420143436942014343694718 From: Balanone Area: Base of Set To: Mordred 4 May 95 17:52:36 Subject: Edred92 UpdReq On May 01, 1995, Mordred wrote to All re: Edred92 M> Did my post 'Edred 92' [an interview with Edred Thorsson] M> get through to U.S. ? There is some trouble with the BBS M> here in Oz, and will repost if not received. Reyn Til Runa. M> Mordred. I haven't seen it here. Balanone PP FidoNet: Balanone at 1:203/444.15 Internet: Balanone@tefnut.astaroth.sacbbx.com ... I'm a solipsist, I don't see why other people aren't that way... ___ TagDude 0.87 [Unregistered] with 8437 taglines. 201434369420143436942014343694201434369420143436942014343694718 From: John Youril Area: Base of Set To: Mordred 5 May 95 01:24:06 Subject: Grrreetings UpdReq On 01-May-1995 Mordred wrote in a message to Hellions: M> Any Hellions about? Aye. Drop me a note at one of my many and sundry addresses. [I haven't the foggiest idea who you are.] M> Unfortunately I missed the deadline for M> the last issue, [ the sentinel gave me a very bad icy stare- M> so no need to rub salt into the wound :)= ]. Deadlines spring eternal .... :-) --John ^^ jyouril@netcom.com WWW Homepage -- ftp://ftp.netcom.com/pub/jy/jyouril/tos.html 201434369420143436942014343694201434369420143436942014343694718