The Skeptical Teacher

Musings of a science teacher & skeptic in an age of woo.

Posts Tagged ‘investigation’

The Assault on Planned Parenthood is an Anti-Science Attack by Religious Fundamentalists

Posted by mattusmaximus on August 17, 2015

For the last month a manufactured controversy has raged about the health-care provider Planned Parenthood. Extremists within the supposed “pro-life”/anti-choice (PLAC) movement (you’ll see why I put “pro-life” in quotes soon enough) have waged a thoroughly discredited campaign to deny Planned Parenthood funding because they claim that Planned Parenthood sells baby parts for profit. Yes, you read that right… and that isn’t the only bone-headed and debunked conspiracy theory from the “pro-life”/anti-choice movement. In this post I will argue that not only is the majority of this movement anti-choice and anti-woman, but it is also driven by religious fundamentalism and is anti-scientific as it attempts to impose a narrow, religiously-based worldview on all of us.

The heart of this manufactured controversy is a series of deceptively edited sting videos from a group misleadingly named the Center for Medical Progress purported to show Planned Parenthood doctors/employees selling baby parts for money. Of course, these videos have been thoroughly analyzed and debunked, and numerous investigations into the matter have provided no evidence of wrongdoing by Planned Parenthood. But in addition, the so-called Center for Medical Progress isn’t what they seem; on this last point, Americans United for the Separation of Church and State reveals who is really behind the videos:

…The group behind the manufactured outrage, CMP, is really a front for Live Action, an anti-abortion outfit long associated with the more extreme fringes of the Religious Right. It’s headed by David Daleiden, an associate of Live Action founder Lila Rose; Live Action is responsible for a number of other deceptively edited “stings” that attempted to catch Planned Parenthood staffers engaged in illegal activities.

And Troy Newman, the current president of Operation Rescue, is a CMP board member. Newman once defended Paul Jennings Hill, executed in 2003 for murdering a Pensacola, Fla., abortion provider. Another current Operation Rescue staffer, Cheryl Sullenger, served time in prison for scheming to bomb an abortion clinic in San Diego, Calif. According to watchdog site Media Matters for America (MMFA), Sullenger also corresponded regularly with Scott Roeder, who later murdered Dr. George Tiller for providing abortions. …

So there’s the connection to religious fundamentalism. Of course, one of the more embarrassing things about the religious nature of the PLAC movement is that it’s supposed “pro-life” stance isn’t consistent with the Bible; for example, take a look at numerous sections of the Bible where God apparently condones abortion or how the PLAC movement has attempted to edit the Bible to make it more in line with their ideology.

As for the anti-science side of things, there is evidence aplenty to show how the PLAC ignores and distorts science in an attempt to push its religious dogma. For example, they conveniently ignore the fact that the family planning and birth control services that Planned Parenthood offers significantly reduce the need for abortion in the first place

PP birth control

Not only that, most of the PLAC movement is fervently opposed to the use of birth control; in fact they’ll make crazy and thoroughly false claims that birth control actually increases the need for abortion. But don’t take it from me, take it from a former insider with the PLAC movement who left when she realized they were more about controlling women’s sexuality than anything else:

The Real Solution: Birth Control

But if banning abortion does not decrease abortion rates, what does? Why do some countries have low abortion rates while others have much higher rates? The answer, I found, was simple.

“Both the lowest and highest subregional abortion rates are in Europe, where abortion is generally legal under broad grounds. In Western Europe, the rate is 12 per 1,000 women, while in Eastern Europe it is 43. The discrepancy in rates between the two regions reflects relatively low contraceptive use in Eastern Europe, as well as a high degree of reliance on methods with relatively high user failure rates, such as the condom, withdrawal and the rhythm method.”

As I sat there in the student union reading over my lunch, I found that making birth control widespread and easily accessible is actually the most effective way to decrease the abortion rate. Even as I processed this fact, I knew that the pro-life movement as a whole generally opposes things like comprehensive sex education and making birth control available to teenagers. I knew this because I had lived it, had heard it in pro-life banquet after pro-life banquet, had read it in the literature. The pro-life movement is anti-birth-control. And opposing birth control is pretty much the most ineffective way to decrease abortion rates imaginable. In fact, opposing birth control actually drives the abortion rates up.

As I mulled this over, I realized how very obvious it was. The cause of abortions is unwanted pregnancies. If you get rid of unwanted pregnancies the number of people who seek abortions will drop like a rock. Simply banning abortion leaves women stuck with unwanted pregnancies. Banning abortion doesn’t make those pregnancies wanted. Many women in a situation like that will be willing to do anything to end that pregnancy, even if it means trying to induce their own abortions (say, with a coat hanger or by drinking chemicals) or seeking out illegal abortions. I realized that the real way to reduce abortion rates, then, was to reduce the number of unwanted pregnancies. And the way to do that is with birth control, which reduces the number of unwanted pregnancies by allowing women to control when and if they become pregnant. …

Beyond opposing birth control, the PLAC movement is also anti-scientific in the sense of their opposition to Planned Parenthood having any relation to fetal tissue research. Despite the noise and gross rhetoric coming from the PLAC, what is happening is that sometimes, with the consent of the patient, Planned Parenthood will donate fetal tissue to research organizations for the purposes of finding medical cures. Fortunately, while some in the PLAC movement are calling for such research to be outlawed, the record is clear that even many of their political allies support such research, and the scientific community is rallying around protecting the vital, life-saving work.

Last, but not least, is the inherent hypocrisy of the supposed “pro-life” side of the PLAC movement (hence the quotes). If the PLAC were really about “saving the unborn”, the following facts show how empty and vacuous are their real intentions. First, they do not care to advocate for any research into saving zygotes from miscarriages (what can arguably be called a “natural abortion”); again, from a former PLAC insider:

… A few months after reading Sarah’s article I came upon one by Fred Clark. In it, he argues that if those who oppose abortion really believe that every fertilized egg is a person we ought to see 5K fundraisers to save these zygotes. This is very much like what I said above, except that the focus here is whether the 50% of all zygotes – 50% of all fertilized eggs – that die before pregnancy even begins could be saved. Fred suggests that if the pro-life movement really is about saving unborn babies, and if those in the pro-life movement really do believe that life begins at fertilization, then pro-lifers really ought to be extremely concerned about finding a way to save all of these lives. But they’re not. …

… Reading Fred’s article compounded what I had felt reading Sarah’s article. The pro-life movement is not about “saving unborn babies.” It can’t be. As someone who as a child and teen really did believe that life – personhood – began at fertilization, and who really was in it to “save unborn babies,” this is baffling. If I had known all this, I would have been all for this sort of research. I would have been all for sexually active women using the pill to cut down on “deaths.” But I didn’t know any of this. The adults of the anti-abortion movement, though, and certainly the leaders, they surely must know these things. This isn’t rocket science, after all. They must know these things, and yet they are doing nothing.

And if that isn’t enough, there’s this another, utterly damning fact: if “human life begins at conception” and “all [human] life is sacred”, then why isn’t the PLAC doing anything to save all the frozen embryos left over after in-vitro fertilization sessions? I would argue that the answer is disturbingly simple: the PLAC movement isn’t truly “pro-life” as it proclaims, it’s about controlling women’s sexuality…

… The disparity between how the law treats abortion patients and IVF patients reveals an ugly truth about abortion restrictions: that they are often less about protecting life than about controlling women’s bodies. Both IVF and abortion involve the destruction of fertilized eggs that could potentially develop into people. But only abortion concerns women who have had sex that they don’t want to lead to childbirth. Abortion restrictions use unwanted pregnancy as a punishment for “irresponsible sex” and remind women of the consequences of being unchaste: If you didn’t want to endure a mandatory vaginal ultrasound , you shouldn’t have had sex in the first place. …

Fortunately, despite the manufactured outrage on the part of the PLAC movement and its political allies, there is reason to hope. As I’ve stated, upon closer analysis the arguments and the methods of the PLAC movement are utterly falling apart. In addition, contributions to Planned Parenthood have skyrocketed and poll after poll show that far more Americans approve of the work done by Planned Parenthood than those who oppose it. Last, but not least, political support for a government shutdown over this issue is losing steam in Congress, and the Obama administration is investigating potentially illegal denial of funds to Planned Parenthood.

So, apparently the forces of reason, rationality, and science are fighting back vigorously. Whether you personally support or oppose abortion, I think one thing we can agree on is that distorting science, sensationalizing, and lying is a poor substitute for reasoned discourse.

Lastly, I would argue that to be pro-active against this sort of nonsense we should all be more politically active, and we should demand that our elected leaders are held to account for their non-scientific views; a good resource for this is the Science Debate initiative. Then, vote. Then, pay attention to whether or not those leaders are sticking with good science or pushing a non-scientific, religiously-driven agenda. And hold them accountable.

Now get out there and fight.

Posted in conspiracy theories, medical woo, politics, religion | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments »

“An Honest Liar” Headed to Indie Film Festivals!

Posted by mattusmaximus on March 17, 2014

As many of you know, there has been an effort to make a movie documentary of the life of one of the greatest skeptical icons, James “The Amazing One” Randi, in recent years.  The film is now made, and it will soon be making the rounds on the indie film network.  Despite that fact, those who made and now promote the film still need your help; read on to see how…

An Honest Liar Film Festival

We are thrilled and proud to announce that AHL was accepted to premiere at the prestigious  2014 Tribeca Film Festival in New York City!

It is thanks to YOU our great supporters that we were able to make this film and we are so thankful for everything you’ve done for us!

The schedule has not yet been announced, but when it is we will pass it along. The Festival runs from April 16 – 27, and AHL will screen several times in that period. AHL is showing in theViewpoints section of the fest.

It will be possible for the general public to buy tickets, but it’s likely the numbers will be limited. Have no fear! We will have additional festival and screening announcements coming soon, and there’s a good chance we’ll be showing the film near you. Keep an eye on our website and sign up for updates if you haven’t for the latest news. …

… We are slaving away – working day and night – to finish the film! We barely eat or drink. We are doing our best to make ourKickstarter backers proud by making the best film you’ve ever seen! We have little to look forward to in these agonizing days of constant headaches, technical issues, archival footage houses sending us the wrong clips. We know it’ll be worth it, but we need a boost. Something to pick us up, to help drive us over the finish line.

Well, YOU can help us – help make all our hard work pay off, help us sleep better at night, and have sweet happy dreams. And it won’t cost you a penny.



Tell all your friends, pass the word around – VOTE FOR AN HONEST LIAR!

For Randi – for the film – for us poor filmmakers – WE CAN DO IT!!!

Posted in skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

“An Honest Liar: The Amazing Randi” Project is in the Home Stretch

Posted by mattusmaximus on January 17, 2014

One year ago, I wrote a post about a kickstarter project to help fund a film on the life of that skeptical giant, James Randi.  The film is titled “An Honest Liar: The Amazing Randi”, and I’m happy to report that it is nearing completion!  But in order to bring it across the finish line, the film’s producers need a little more financial help.  Read on for details, and please consider donating if you are able…


The finish line is approaching and we wanted to let you, our supporters, know about our progress. We’ve now completed a fine-cut of the documentary and will be locking it in shortly.

We have now scheduled our post-production (conform, color correct, audio mix, final output etc.) for mid-March and are officially going to complete the film by the end of March, with the aim to premiere An Honest Liar at film festivals beginning in April.

Between now and then, we’ll be refining the edit, working with our composer on the score, sourcing the archival footage we use (there’s a TON…) transferring it and re-inserting it into the cut, completing graphics, animations, and titles, and when it’s all done, popping open a bottle of champagne.

(BTW – if you have any videotapes of old Randi shows, let us know!)

EXCEPT for people getting the digital download/DVD/Blu-ray and movie posters, everyone should have gotten their Kickstarter rewards. We have gotten a number of returned packages for people who may have moved, so if you haven’t gotten your reward please message us.

We still need additional support. The licensing of some of the archival footage is incredibly expensive, but it’s rare and great material that we can’t pass up. If you missed out on donating or know someone who wanted to, we can still use help. Plus, you can still get many of the Kickstarter rewards we offered – while they still last. Just go to our website to donate and choose rewards.

Finally, below is a bonus clip that isn’t going to be in the final film, but we just couldn’t leave on the edit room floor.

Thanks again to all our supporters!

– The Honest Liar team

Posted in skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

“An Honest Liar: The Amazing Randi” Kickstarter Campaign

Posted by mattusmaximus on January 27, 2013

One of my biggest skeptical heroes is James Randi.  He is a small man with a big laugh, an even bigger heart, and an even bigger love for the pursuit of skeptical analysis into all manner of paranormal, mystical, or odd-ball claims.  For Randi, no questions are off limits and skepticism knows no bounds; he and his legacy are one of the primary reasons why I am here, doing what I do on this blog and in my daily life as a skeptic and teacher, and I know his work (through the James Randi Educational Foundation) has reached and inspired countless others.  Now there is a movie being made about him, called “An Honest Liar: The Amazing Randi Story”.

However, such an undertaking requires money, so please consider donating at the Kickstarter page to help get this movie made.  Click the picture below for more information, and please spread the word…

An Honest Liar

Posted in skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments »

The Denver UFO: Yup, It’s Unidentified… So What Does That Mean?

Posted by mattusmaximus on November 18, 2012

Over the last few days there has been a media sensation built up around a UFO in the Denver, Colorado area.  Here’s a closeup of the object in question:

Image source

The story has garned a great deal of attention, as evidenced by this video clip from a local news station…

Indeed, the news team does a so-so job of investigating this UFO, though there is a lot of sensationalizing in the report (surprise, surprise!), but there is one point I would like to emphasize in greater detail which this report totally glossed over.  That is the fact that this thing, whatever it is, is unidentified… as in Unidentified Flying Object.  Repeat after me three times: unidentified flying object… Unidentified flying object… UNIDENTIFIED flying object!!!

I want to be very clear on this point because, as I expected, the Internet is already abuzz with talk of alien spacecraft, government cover ups, and conspiracies galore.  And those leaping to this dubious conclusion (that the thing is “obviously not of this world”) are committing what is known as an argument from ignorance – that is, in one breath they will admit that we don’t have enough information to conclude what it is, but then in the next breath they will say, quite emphatically, that it HAS to be an alien spacecraft.

And such thinking contains a direct contradiction: the argument basically says that because we don’t know, then we know.  With reasoning as loose as this, one can “justify” the existence of leprechauns, Flying Spaghetti Monsters, or Invisible Pink Unicorns!  What the heck is wrong with saying “We don’t know” and just leaving it at that?

Incidentally, while the possibility of a plane or helicopter has been ruled out, it is likely that the object in question is a bug of some kind.  There is a very good article on this point over at the Illuminutti blog…

… OK – everybody now… it’s bugs.  This bug-UFO is especially bad because on some of the shots the insect actually hovers and moves around like an obvious insect. The videographer did not notice them because they were small fast-flying insects. Or perhaps they did notice the insects, but did not connect them to the unfocused black dots buzzing about on the video. It is also possible they know exactly what they are, but is just pranking  the local news station (hence the anonymity).

One or two shots in there are probably birds. You can see an apparent wing flap. Birds and bugs are common sources of UFO artifacts in the video age. They are small objects close to the camera that will appear as out-of-focus dots and streaks that can be mistaken (by the willful or truly incurious) for objects that are large and farther away. The fact that no one saw them live and there was no radar tracking should be a clue, but for the believer can just add to the mystery.

The lameness of this video being presented in breathless terms as a compelling UFO might have something to do with the declining interest in UFOs. Anyone with a genuine interest – enough to join a UFO group and try to find real evidence that UFOs are visiting ETs, would probably get tired of all the bugs and lanterns after a while. …

Posted in aliens & UFOs | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments »

Birthers Hit a New Low…

Posted by mattusmaximus on July 20, 2012

So there’s this nutjob… err, I mean law enforcement officer… named Sheriff Joe Arpaio in Arizona who has apparently taken it upon himself to “prove” that President Obama is not a U.S. citizen (a conspiracy theory known as “birtherism“).  This has consisted of basically engaging in rampant conspiracy mongering that President Obama’s birth certificate (which you can see here) is a forgery, despite the fact that it has been certified as authentic repeatedly.  Well, in their quest to pursue their bigoted… err, I mean intense and serious… investigation of the citizenship of the POTUS, they have hit a new low.

And here it is:

The Globe Magazine… that bastion of journalistic excellence.  *Sigh* ‘Nuff said.

Posted in conspiracy theories, politics | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

An Honest Liar – The Story of James “The Amazing One” Randi

Posted by mattusmaximus on February 18, 2012

One of my biggest skeptical heroes is James Randi.  He is a small man with a big laugh, an even bigger heart, and an even bigger love for the pursuit of skeptical analysis into all manner of paranormal, mystical, or odd-ball claims.  For Randi, no questions are off limits and skepticism knows no bounds; he and his legacy are one of the primary reasons why I am here, doing what I do on this blog and in my daily life as a skeptic and teacher, and I know his work (through the James Randi Educational Foundation) has reached and inspired countless others.  Now there is a movie being made about him, called “An Honest Liar: The Amazing Randi Story”.

Watch the trailer, pass it on to your friends (even if they aren’t card-carrying skeptics), and consider helping to get this film made.  As is stated early in the trailer, “This is a film about trickery, fraud, about lies…” :)

James Randi – An Honest Liar

Posted in skeptical community | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , | 4 Comments »

Physics Proves the Existence of Ghosts?

Posted by mattusmaximus on November 24, 2011

I’ve blogged here before about “professional” ghost-hunters and their woo.  And in many cases I have taken such “professionals” to task for not really following any kind of decent, consistent protocols (such as knowing how their instrumentation works, duh) but instead favoring stories that seem to be a combination of the Blair-Witch Project and various kinds of techno-babble.  But now I just have to mention a couple of things about how many ghost-hunters just seem to get basic physics (pardon the pun) dead wrong.

My skeptical colleague Ben Radford recently wrote an article for on this very point…

Do Einstein’s Laws Prove Ghosts Exist?

… Despite years of efforts by ghost hunters on TV and in real life, we still do not have good proof that ghosts are real. Many ghost hunters believe that strong support for the existence of ghosts can be found in modern physics. Specifically, that Albert Einstein, one of the greatest scientific minds of all time, offered a scientific basis for the reality of ghosts. …

Now hold on a minute.  As we’ve seen before, it is not uncommon for pseudoscientists and cranks of all kinds to try glomming onto Einstein’s coat-tails as one of the most well-known and respected scientists of the 20th century as a way of trying to gain traction for their ideas.  It is as if they think that by simply invoking Einstein’s name and theories, despite the fact that they have no real understanding of those theories, that it will somehow, magically make them correct.  Of course, this simply displays a fundamental flaw in the thinking of ghost-hunters, because it shows they have no real knowledge of how science (much less physics) works.

Specifically, in this case the ghost-hunters are claiming that Einstein’s theory of relativity “proves” the existence of ghosts:

… For example, ghost researcher John Kachuba, in his book “Ghosthunters” (2007, New Page Books), writes, “Einstein proved that all the energy of the universe is constant and that it can neither be created nor destroyed. … So what happens to that energy when we die? If it cannot be destroyed, it must then, according to Dr. Einstein, be transformed into another form of energy. What is that new energy? … Could we call that new creation a ghost?”

This idea shows up — and is presented as evidence for ghosts — on virtually all ghost-themed websites as well. For example, a group called Tri County Paranormal states, “Albert Einstein said that energy cannot be created or destroyed, it can only change from one form to another. When we are alive, we have electrical energy in our bodies. … What happens to the electricity that was in our body, causing our heart to beat and making our breathing possible? There is no easy answer to that.” … [emphasis added]

Actually, the answer is pretty easy, as long as you understand how energy is related to matter as outlined in Einstein’s theory.  It can all be summed up in what is probably the most well-known, but one of the least understood, equations in all of science… Read the rest of this entry »

Posted in ghosts & paranormal, physics denial/woo | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , | 32 Comments »

Study by “Independent Climate Skeptics” Actually Confirms Global Warming

Posted by mattusmaximus on October 24, 2011

[**Update (10-30-11): It seems the deniers have already started to respond to this news.  One interesting response is apparently to accuse Prof Richard Muller, the skeptical physicist behind the Berkeley Earth Project, of a Climategate-like scandal (I guess the deniers now view him as a “traitor”): ]

In a bit of news which kind of goes into the “truth is stranger than fiction” category, I wanted to share with you all the latest in the ongoing drama that is the “Climategate” fiasco.  (If you need to get up to speed on the whole “Climategate” thing, just see some of my earlier blog posts here, here, and here)

To date, there have been multiple investigations into the allegations that the worldwide community of climate scientists is somehow conspiring to cover up “the truth” that global warming is really just a hoax, and all of these investigations have shown the exact opposite.  However, in true conspiracy theorist fashion, many ideologically-driven climate change deniers (I refuse to call them “skeptics”, because they are not skeptical in the positive sense of that word) have clung to the idea that somehow there is a vast plan on the part of scientists all over the planet to deceive the rest of us into believing that the Earth is warming and that humans are contributing significantly to it.

As such, it seems that there was an effort by many of these deniers to prop up their conspiracy theory by performing their own independent analysis of the climate data.  However, in an interesting twist, it seems that upon completing their analysis, the researchers tapped by the deniers actually concluded the opposite of what they had hoped: global warming is indeed real!  It’s all outlined in this recent BBC article…

Global warming ‘confirmed’ by independent study

The Earth’s surface really is getting warmer, a new analysis by a US scientific group set up in the wake of the “Climategate” affair has concluded.

The Berkeley Earth Project has used new methods and some new data, but finds the same warming trend seen by groups such as the UK Met Office and Nasa.

The project received funds from sources that back organisations lobbying against action on climate change. …

That’s kind of interesting, isn’t it?  The climate change deniers decide that all the science on the topic isn’t trustworthy, so they hire a group of their own investigators to look at the data, and they end up getting exactly the same conclusions as has been stated for years by the international climate science community.  It gets better…

… The project was established by University of California physics professor Richard Muller, who was concerned by claims that established teams of climate researchers had not been entirely open with their data.

He gathered a team of 10 scientists, mostly physicists, including such luminaries as Saul Perlmutter, winner of this year’s Nobel Physics Prize for research showing the Universe’s expansion is accelerating.

Funding came from a number of sources, including charitable foundations maintained by the Koch brothers, the billionaire US industrialists, who have also donated large sums to organisations lobbying against acceptance of man-made global warming.

“I was deeply concerned that the group [at UEA] had concealed discordant data,” Prof Muller told BBC News.

“Science is best done when the problems with the analysis are candidly shared.”

The group’s work also examined claims from “sceptical” bloggers that temperature data from weather stations did not show a true global warming trend.

The claim was that many stations have registered warming because they are located in or near cities, and those cities have been growing – the urban heat island effect.

The Berkeley group found about 40,000 weather stations around the world whose output has been recorded and stored in digital form.

It developed a new way of analysing the data to plot the global temperature trend over land since 1800.

What came out was a graph remarkably similar to those produced by the world’s three most important and established groups, whose work had been decried as unreliable and shoddy in climate sceptic circles. [emphasis added]

In fact, below is a copy of that graph: Read the rest of this entry »

Posted in global warming denial | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments »

Science & Skepticism Triumph in the New Jersey Courts

Posted by mattusmaximus on August 29, 2011

It’s not often spoken of, but I think perhaps one of the most critical reasons why it is that we need to have a populace that is well educated in basic critical thinking and reasoning skills can be summed up in how our court system works.  In the United States, many trials in court are decided by juries, which are composed of everyday folk like you and me.  And, as is sometimes the case, juries that are tasked with making major decisions – such as in murder cases – can all-too-often fall victim to sloppy thinking.  And, unfortunately, sometimes this sloppy thinking is actively encouraged by rules set by the courts themselves!

However, recently there as a welcome challenge to the status quo: the New Jersey Supreme Court has issued new guidelines and regulations for how to take into account the validity of eyewitness testimony and the fallibility of human memory regarding identification.  Read the following article from The Innocence Project for more information…

New Jersey Supreme Court Issues Landmark Decision Mandating Major Changes in the Way Courts Handle Identification Procedures

Today the New Jersey Supreme Court issued a landmark decision requiring major changes in the way courts are required to evaluate identification evidence at trial and how they should instruct juries.  The new changes, designed to reduce the likelihood of wrongful convictions by taking into account more than 30 years of scientific research on eyewitness identification and memory, require courts to greatly expand the factors that courts and juries should consider in assessing the risk of misidentification. …

… The court’s decision requires judges to more thoroughly scrutinize the police identification procedures and many other variables that affect an eyewitness identification. The court noted that this more extensive scrutiny will require enhanced jury instructions on factors that increase the risk of misidentification. These factors include:

• Whether the lineup procedure was administered “double blind,” meaning that the officer who administers the lineup is unaware who the suspect is and the witness is told that the officer doesn’t know.
• Whether the witness was told that the suspect may not be in the lineup and that they need not make a choice.
• Whether the police avoided providing the witness with feedback that would cause the witness to believe he or she selected the correct suspect.  Similarly, whether the police recorded the witnesses’ level of confidence at the time of the identification.
• Whether the witness had multiple opportunities to view the same person, which would make it more likely for the witness to choose this person as the suspect.
• Whether the witness was under a high level of stress.
• Whether a weapon was used, especially if the crime was of short duration.
• How much time the witness had to observe the event.
• How far the witness was from the perpetrator and what the lighting conditions were.
• Whether the witness possessed characteristics that would make it harder to make an identification, such as age of the witness and influence of alcohol or drugs.
• Whether the perpetrator possessed characteristics that would make it harder to make an identification.  Was he or she wearing a disguise?  Did the suspect have different facial features at the time of the identification?
• The length of time between the crime and identification.
• Whether the case involved cross-racial identification.

Folks, this is a big deal, because there is a mountain of strongly-supported research which shows just how untrustworthy and malleable memories can be and how this can lead to all manner of mistakes regarding the positive identification of suspects in court cases.  For example, take a look at some of the work done by Dr. Elizabeth Loftus on this subject of the misinformation effect and false memories.

Th main point here that I want to emphasize is that the new Jersey Supreme Court took a huge step in the right direction by relying on the most well-tested science to guide its decision.  And that is important, because science – more than any other human endeavor – has allowed us to collectively sort out the good ideas from the bad ideas regarding how the world works.  And how the world works includes how we, as fallible beings, interact with it and each other.

In closing, I want to emphasize my point about critical thinking in the courts, and specifically in the jury box and deliberation room, by encouraging you to watch one of the best movies ever on the subject: 12 Angry Men.  The original was made in 1957, but it was remade in 1997, and I think either version is excellent viewing.  If you have never seen either version, take some time to check them out on Youtube or rent them, because I can only hope that every jury in the world is as rational as this one…

Posted in politics | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments »


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