TV legal commentator and adjunct law professor Wendy Murphy has chimed in on the Penn State sex scandal with an other-worldly logic that will make your head spin.
Murphy starts out with a proposal to force states to adopt laws that require all adults with reason to believe a child has been abused to file reports with child welfare agencies. Failure to report would be a felony. That's a point that can be fairly debated.
But wait, she isn't finished -- Murphy's about to enter the Twilight Zone, so make sure you're sitting down before you read the next paragraph:
"Some argue that ramping up punishment for non-reporting is dangerous because of the potential for false reports, but this myth-based concern has no basis in reality. In fact, people will likely be more cautious about filing only credible reports when the consequences are more serious."
Read it again, because you are a witness to history: Murphy has actually invented a logic heretofore not utilized by rational, carbon-based beings. Let's analyze.
First, Murphy says that concern about the potential for false reports is a "myth-based concern [that] has no basis in reality." But of course! What did we expect from a woman who once famously said this: "I never, ever met a false rape claim, by the way. My own statistics speak to the truth." That comment was in reference to the Duke lacrosse case. Remember how that one turned out?
But then, in the very next sentence, she posits the following assertion that gives new meaning to "astounding": "In fact, people will likely be more cautious about filing only credible reports when the consequences are more serious."
Whoa! Wendy Murphy just gave me whiplash! In one breath she mouths the radical feminist mantra that false rape claims are a myth; in the very next, she asserts that people are currently less cautious about filing "credible reports" than they would be if the consequences were more serious. Meaning that people currently make false claims (she's right about that), but that her proposed law would change that.
So in Murphy's world, people never, ever make false rape claims, except when they do.
Get it? Neither do I. Let's hope they don't let Murphy teach anything that involves rationality or logic in that law school where she's an adjunct professor.
Put it this way: either the paragraph referenced above is colossal misprint, or Wendy Murphy is a congenital idiot. Let's have a show of hands.
Even putting aside the lapse-in-logic-of-Biblical proportions noted above, Murphy's suggestion that making failure to report the sexual assault of children a felony will actually reduce false rape claims is absurd beyond words.
But -- now let's get serious -- that doesn't mean the idea should be dismissed out of hand. Murphy's proposal, stripped of her lunacy about false rape claims, merits a serious dialogue about best how to strike a balance between keeping children safe, on the one hand, and protecting innocent adults from false charges, on the other. Murphy suggests the following: "For lawmakers who want more protection against false allegations, they could add a provision that allows for the prosecution of individuals who make false reports in bad faith." We get the idea: if the report was intentionally false, it should be punished. We might add, such offenses need to be punished both seriously and consistently, something not currently done with false rape accusers.
But Murphy, being Murphy, can't help but to add the following: "Better to protect thousands more children from real abuse than to worry about the occasional adult being burdened by a false accusation." And Blackstone just flipped over in his grave. Repeatedly.
What's interesting is that even nitwits like Murphy -- who claim false rape claims are a myth -- seem to grudgingly admit that there's a balance that needs to be struck between keeping children safe and protecting innocent men accused of rape. Murphy, however, would tilt the balance too far and unreasonably risk harming innocent men.
If we ever are to have a serious dialogue about striking a proper balance, zealots like Murphy can't be part of it. Only rational adults without a TV show or a political axe to grind need apply.
Wednesday, November 23, 2011
Wendy Murphy's 'logic' on Penn State sex scandal will make your head spin
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7 comments:
I think the BAR exam, to approve the licensing of an attorney, needs to have its standards increased for logical reasoning.
Failure to report [a case of possible child abuse] would be a felony.
That suggestion, in and of itself, is rational.
Strongly disagree. By the nature of criminal law, one is either innocent or guilty of a particular crime; there is no possible verdict of "half guilty". But suspicions of child abuse lie along a continuum. Would this new felony apply when someone thinks there's a 10% chance that a child is being abused, but fails to report his suspicion?
Such a law would be even worse than laws requiring that people stop and render assistance. There, at least it's usually clear beyond doubt that the subject is in some sort of trouble.
A free people should not be subject to laws that affirmatively require actions for the good of someone else.
Another female teacher drugs and rapes 12yo boy:
http://tinyurl.com/cqxhk7e
A free people should not be subject to laws that affirmatively require actions for the good of someone else.
There are only a few rare exceptions to this.For exaple, if I were on my yacht and there was a person in the water yelling for help I would have to take them aboard.
But a big problem with requiring people to report "abuse" would be that a falsely accused person can sue you and you would be known because you' dhave to testify at trial or become known during Discovery. If we give these "abuse" reporters immunity from lawsuits then they'll be no end to malicious false reports. And if we permit anonymous reporting of "abuse" then we're living in a police state.
She actually responded to my comment saying she isn't sure that the duke players are innocent-Check it out & comment on the article & maybe she'll respond to your comment to.
Anon @ Nov 23, 2011 7:21:00 PM:
The mandate to report suspected child abuse already exists with members of law enforcement, mental health, and clergy.
I must report a suspicion when I encounter it. I am also protected against a claim that turns out to be incorrect.
It sounds as though Murphy wants to extend this already existing policy to everyone. I would be very concerned about this, unless it was paired with the same training that those under those laws must attend.
Lay people can already report whatever they like. To mandate it without appropriate training is a recipe for disaster.
I agree with Pierce and you; just wanted to clarify that some of us already do this.
This is 'nearly' as sensible as the comment (on a UK radio program)-that prostate cancer was a 'woman's problem' - as sufferer's wives had to cope with the effects
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