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Legal Quotes

“interview from Ross E. Cheit about The Witch-Hunt Narrative: Politics, Psychology, and the Sexual Abuse of Children (Oxford University Press, February 2014). In the foreword to your book you mention a book titled Satan’s Silence was the catalyst for your research. Tell us about that. Cheit: Debbie Nathan and Michael Snedeker solidified the witch-hunt narrative in their 1995 book, Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt, which included some of these cases. I was initially skeptical of the book’s argument for personal reasons. It seemed implausible to me that we had overreacted to child abuse because everything in my own personal history said we hadn’t. When I read the book closely, my skepticism increased. Satan’s Silence has been widely reviewed as meticulously researched. As someone with legal training, I looked for how many citations referred to the trial transcripts. The answer was almost none. Readers were also persuaded by long list of [presumably innocent] convicted sex offenders to whom they dedicated the book. If I’m dedicating a book to fifty-four people, all of whom I think have been falsely convicted, I’m going to mention every one of these cases somewhere in the book. Most weren’t mentioned at all beyond that dedication. The witch-hunt narrative is so sparsely documented that it’s shocking.”

“All I wanted to do was hide away from the world, but I still had a role to play. I had to be 'Girl A' - the key witness in the trial that finally saw my abusers locked up. Girl A - the girl in the newspaper stories who had been through the most hideous experience imaginable. When I read those stories, I felt like I was reading about somebody else, another girl who was subjected to the depths of human depravity. But it wasn't. It was about me. I am Girl A.”

“Roache's statement after his acquittal was dignified but his supporters were angry. They demanded to know why the case was ever brought, claiming that the actor was a victim of the "hysteria" created by revelations about Jimmy Savile. It's a curious conclusion to draw from a "not guilty" verdict; there are courtrooms where the conviction rate is 100 per cent but they tend to be in totalitarian states. In serious criminal cases in England and Wales, the rate is around 82 per cent, and I would be seriously worried if every defendant were to be found guilty. The Independent, 9 February 2014”

“Like Paddy Moran says about being a divorce lawyer: "Clients call us at their darkest hour. Whether they want out or their spouse does, they're angry, hurt and anxious or just plain vindictive. We become their new best friends. At some point, it's over, and it's like we never existed. Bye-bye, best friends. Usually, they never want to hear from us again.”

“I believe that there is something in all of us that is seeking expression, that wants to be heard, that wants to be accepted and respected and loved. We each express ourselves in different ways - through manipulation or domination, through receiving and giving pain, through crying, through loving, through giving hope and inspiration to others. We are all seeking the same thing - expression of who we are and what we want from this life.”

“Law firms can create environments for abusive relationships. This is especially true if an attorney has no self-direction, has no independent means of financial support, and has massive student loan indebtedness. You've basically made yourself an indentured servant.”

“Well before she became famous — or infamous, depending on where you cast your vote — Loftus's findings on memory distortion were clearly commodifiable. In the 1970s and 1980s she provided assistance to defense attorneys eager to prove to juries that eyewitness accounts are not the same as camcorders. "I've helped a lot of people," she says. Some of those people: the Hillside Strangler, the Menendez brothers, Oliver North, Ted Bundy. "Ted Bundy?" I ask, when she tells this to me. Loftus laughs. "This was before we knew he was Bundy. He hadn't been accused of murder yet." "How can you be so confident the people you're representing are really innocent?" I ask. She doesn't directly answer. She says, "In court, I go by the evidence.... Outside of court, I'm human and entitled to my human feelings. "What, I wonder are her human feelings about the letter from a child-abuse survivor who wrote, "Let me tell you what false memory syndrome does to people like me, as if you care. It makes us into liars. False memory syndrome is so much more chic than child abuse.... But there are children who tonight while you sleep are being raped, and beaten. These children may never tell because 'no one will believe them.'" "Plenty of "Plenty of people will believe them," says Loftus. Pshaw! She has a raucous laugh and a voice with a bit of wheedle in it. She is strange, I think, a little loose inside. She veers between the professional and the personal with an alarming alacrity," she could easily have been talking about herself.”

“Two other highly vocal FMSF Advisory Board members are Dr Elizabeth Loftus and Professor Richard Ofshe. Loftus is a respected academic psychologist whose much quoted laboratory experiment of successfully implanting a fictitious childhood memory of being lost in a shopping mall is frequently used to defend the false memory syndrome argument. In the experiment, older family members persuaded younger ones of the (supposedly) never real event. However, Loftus herself says that being lost, which almost everyone has experienced, is in no way similar to being abused. Jennifer Freyd comments on the shopping mall experiment in Betrayal Trauma (1996): “If this demonstration proves to hold up under replication it suggests both that therapists can induce false memories and, even more directly, that older family members play a powerful role in defining reality for dependent younger family members." (p. 104). Elizabeth Loftus herself was sexually abused as a child by a male babysitter and admits to blacking the perpetrator out of her memory, although she never forgot the incident. In her autobiography, Witness for the Defence, she talks of experiencing flashbacks of this abusive incident on occasion in court in 1985 (Loftus &Ketcham, 1991, p.149) In her teens, having been told by an uncle that she had found her mother's drowned body, she then started to visualize the scene. Her brother later told her that she had not found the body. Dr Loftus's successful academic career has run parallel to her even more high profile career as an expert witness in court, for the defence of those accused of rape, murder, and child abuse. She is described in her own book as the expert who puts memory on trial, sometimes with frightening implications. She used her theories on the unreliability of memory to cast doubt, in 1975, on the testimony of the only eyewitness left alive who could identify Ted Bundy, the all American boy who was one of America's worst serial rapists and killers (Loftus & Ketcham, 1991, pp. 61-91). Not withstanding Dr Loftus's arguments, the judge kept Bundy in prison. Bundy was eventually tried, convicted and executed.”

“On social barriers, VJ Simon, the Indian-Jewish venture capitalist in The Best People observed: "Some of those rich and powerful people I met risked a few dollars with me. They only risked money. They didn't risk their social status. We never met at one of their clubs. We had lunch at Elegante. I thought of it as the five o' clock curtain.”

“The law gave me an entirely new vocabulary, a language that non-lawyers derisively referred to as "legalese." Unlike the basic building blocks- the day-to-day words- that got me from the subway to the office and back, the words of my legal vocabulary, more often than not, triggered flavors that I had experienced after leaving Boiling Springs, flavors that I had chosen for myself, derived from foods that were never contained within the boxes and the cans of DeAnne's kitchen. Subpoenakiwifruit. InjunctionCamembert. Infringementlobster. Jurisdictionfreshgreenbeans. Appellantsourdoughbread. ArbitrationGuinness. Unconstitutionalasparagus. ExculpatoryNutella. I could go on and on, and I did. Every day I was paid an astonishing amount of money to shuffle these words around on paper and, better yet, to say them aloud. At my yearly reviews, the partners I worked for commented that they had never seen a young lawyer so visibly invigorated by her work. One of the many reasons I was on track to make partner, I thought. There were, of course, the rare and disconnecting exceptions. Some legal words reached back to the Dark Ages of my childhood and to the stunted diet that informed my earlier words. "Mitigating," for example, brought with it the unmistakable taste of elementary school cafeteria pizzas: rectangles of frozen dough topped with a ketchup-like sauce, the hard crumbled meat of some unidentifiable animal, and grated "cheese" that didn't melt when heated but instead retained the pattern of a badly crocheted coverlet. I had actually looked forward to the days when these rectangles were on the lunch menu, slapped onto my tray by the lunch ladies in hairnets and comfortable shoes. Those pizzas (even the word itself was pure exuberance with the two z's and the sound of satisfaction at the end... ah!) were evocative of some greater, more interesting locale, though how and where none of us at Boiling Springs Elementary circa 1975 were quite sure. We all knew what hamburgers and hot dogs were supposed to look and taste like, and we knew that the school cafeteria served us a second-rate version of these foods. Few of us students knew what a pizza was supposed to be. Kelly claimed that it was usually very big and round in shape, but both of these characteristics seemed highly improbable to me. By the time we were in middle school, a Pizza Inn had opened up along the feeder road to I-85. The Pizza Inn may or may not have been the first national chain of pizzerias to offer a weekly all-you-can-eat buffet. To the folks of the greater Boiling Springs-Shelby area, this was an idea that would expand their waistlines, if not their horizons. A Sizzler would later open next to the Pizza Inn (feeder road took on a new connotation), and it would offer the Holy Grail of all-you-can-eat buffets: steaks, baked potatoes, and, for the ladies, a salad bar complete with exotic fixings such as canned chickpeas and a tangle of slightly bruised alfalfa sprouts. Along with "mitigating," these were some of the other legal words that also transported me back in time: Egressredvelvetcake. PerpetuityFrenchsaladdressing. Compensatoryboiledpeanuts. ProbateReese'speanutbuttercup. FiduciaryCheerwine. AmortizationOreocookie.”

“In court the next morning I sat at a table in the judge’s chambers. On the other side of the table, close enough for me to reach across and touch him, sat Ted Bundy. He’s adorable, I thought, surprised at my first impression, because I’d pictured him in my mind as brooding, dark, intense disdain (p. 83). (Loftus testified as a defense expert for Ted Bundy in 1976, Bundy was found guilty of aggravated kidnapping)”

“The thought had occurred to me as I was flying to Salt Lake City earlier that day that Ted Bundy might offer to let me stay in his apartment” (p. 74). (Loftus testified as a defense expert for Ted Bundy in 1976)”

“The DID patient should be seen as a whole adult person with the identities sharing responsibility for daily life. Despite patients’ subjective experience of separateness, clinicians must keep in mind that the patient is a single person and generally must hold the whole person (i.e., system of alternate identities) responsible for the behavior of any or all of the constituent identities, even in the presence of amnesia or the sense of lack of control or agency over behavior. From p8 International Society for the Study of Trauma and Dissociation. (2011). Guidelines for treating dissociative identity disorder in adults, third revision: Summary version. Journal of Trauma & Dissociation, 12, 188–212.”