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From: geoff@desint.UUCP (Geoff Kuenning)
Newsgroups: net.legal
Subject: Re: Should child witnesses testify by TV?
Message-ID: <338@desint.UUCP>
Date: Thu, 14-Feb-85 04:11:29 EST
Article-I.D.: desint.338
Posted: Thu Feb 14 04:11:29 1985
Date-Received: Sat, 16-Feb-85 01:39:22 EST
References: <164@sdcc12.UUCP> <125@tove.UUCP>
Organization: his home computer, Manhattan Beach, CA
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In article <125@tove.UUCP> israel@tove.UUCP (Bruce israel) writes:

>I am reminded of the case recently (in
>L.A., maybe?) where the children were afraid to testify, and the
>prosecution actually brought in Mr. T. to be there and tell the kids
>that no one would hurt them if they told the truth.  I think that this
>was a very creative solution to the problem, but we don't have dozens
>of Mr. T.'s floating around, ready to be on call at a moments notice
>for child molestation cases.

Your memory is badly incorrect.  The case you are talking about is the
notorious McMartin case.  The facts are that Mr. T *offered* to be there to
comfort the children;  he was TURNED DOWN by the judge because she felt it
would lend too much of a Hollywood atmosphere to the hearing.  Child
psychologists are quite capable of handling this sort of issue, and we have
lots (too many?) of them.

>My second point is more of an emotional one.  If you have an alleged
>child abuse case, where the child says he was abused, and the adult
>says he didn't abuse, with no other corroborating information,
>obviously one of the two parties is lying.  But which one?  My personal
>gut feeling is that, with no other evidence, it is more likely the
>adult.  I'm not trying to say that children wouldn't lie in a situation
>like this, but the adult has a lot to gain by lying (not going to
>jail), and the child doesn't have much to gain (except in the way of
>emotional benefits).  And I personally believe that self-preservation
>would support someone who is lying a lot longer under the inquisition
>required in a police investigation and court case than would purely
>emotional benefits gotten by a child.  Not extremely logical, but I
>said it was more of an emotional point.

Unfortunately, this is not true.  It is very easy to confuse a child into
telling lies and sticking to them strongly.  The aforementioned McMartin case,
oddly enough, provides the most persuasive proof of this.  There is no
question whatsoever that the abuse occurred -- the physical evidence in
sodomized children is said to be visible to the layman.  But the children,
along with their testimony against the defendants, have also told tales of
coast-to-coast airplane trips (in one day), of satanic rituals around
the altar of the local Episcopal church, and numerous other outlandish tales.
Some may turn out to be true, but it is impossible for all of them to be true.

A child has a very impressionable mind.  A well-meaning but clumsy questioner,
worried by the McMartin case, can hear abuse in a child's description of
innocent behavior (such as drying off after a swim), and can then in their
excitement leave the child convinced that a very bad thing happened ("Now,
Johnny, I want you to promise me that you will *never never* go near Mr.
Smith again.  We'll let the police take care of him.")

Also, let's remember that there have already been several cases where the
accusing child recanted after destroying the reputation of one or more people.
In one case, it was motivated by a desire to "get" a certain teacher.

I hope I don't sound like I don't believe in child abuse.  The McMartin case
happened in my home town, and it is impossible to deny what happened.  But I
am convinced that there are several people on trial right now in LA (not in
the McMartin case) who are being falsely accused.  If I were accused by a
child I knew, I would want to be able to face him or her and try to
communicate what damage he was doing to me in their confusion.
-- 

	Geoff Kuenning
	Unix Consultant
	...!ihnp4!trwrb!desint!geoff