Parents can do their part to make divorce less traumatic on the children. Here’s an informative article from Huff Post.
http://ow.ly/fQOuS
Too often, in my experience dealing with families going through a most difficult situation such as divorce and custody disputes, I see the impact that hostile court proceedings have on the children. They are often angry, not just because their parents will be apart, but because they are stuck in the middle of this tug-of-war and are being pulled in two directions by the warring parents. Believe it or not, by the time a marriage ends, the children have seen and experienced so much that they are glad the two combatants will be going their separate ways. The children often look forward to the peace that is to come.
Unfortunately, what follows is a continuing, sometimes years-long, battle in court. The child is then forced to "choose sides." S/he feels pressured to make each parent think that the child loves that parent but only tolerates the other parent. This scenario isn't created spontaneously by the child. It is the direct result of the actions of the parents. Sometimes it is it is subtle and sometimes it isn't. Some parents get angry when the child speaks on the phone to the other parent. The child sees this and tries to avoid that situation. Sometimes one parent cries frequently over the breakup in the presence of the child. The child may then feel the need to pull away from the other parent in order to ease the sadness. Children often hear arguing over the phone or during visitation exchanges. That, too, is unhealthy for the child,making him feel responsible for the tension.
Occasionally, you come across a case where the parents are in court to dot the I's, cross the T's and have a Judge's stamp on an otherwise amicable parting of ways. Invariably, the children in those cases are happy, well adjusted, and thrive from having a healthy relationship with both parents.
Friday, June 14, 2013
False Confessions
[This is a re-posting of a blog post that was originally written in February, 2013]
A provocative Time Magazine article about false confessions resulting inwrongful convictions.
A provocative Time Magazine article about false confessions resulting inwrongful convictions.
The biggest tragedy when police elicit a false confession is that an innocent person may spend years, if not the rest of their lives in jail. If you’re not big on individual liberties, think about the other big tragedy. Namely, that the real criminal continues to walk our streets, preying on other victims.
I remember well the hysteria which engulfed New York City during the time of the Central Park jogger case. People were outraged and wanted justice. The police and prosecutors were determined to bring the case to arrest and a successful prosecution. One wants to believe that law enforcement officials are not intentionally setting out to convict innocent people. However, cutting corners and using nefarious means to get someone to confess is, at best highly irresponsible; and, at worst, criminal in its own right.
Being a lawyer myself, I want to believe that prosecutors are honest people who put forth the strongest case they can, based on the evidence the police supply them. Am I being naive? The police, and specifically the New York City Police Department (NYPD), are stats driven. They want to close cases and move on to the next. If they can strong-arm an arrestee (one that they presume to be guilty in the first place) into confessing, it makes for a quick and tidy resolution of the case. It also makes for a certain conviction. Combine this with the hype caused by politicians who want to make the electorate feel that they are doing a good job, and you have a recipe for disaster.
As the article indicates, it is often youth, or intellectually challenged individuals who fall victim to these tactics. Many times, they are minorities and poor, who do not have access to adequate legal representation. That is not always the case, however. We all are potential victims of the strong arm of the law.
It is this writers opinion that all confessions should be videotaped. Otherwise, there is no way to know whether the confession is truly voluntary, or if it is the product of coercive tactics. If there is nothing to hide, the videotape should not be a problem.
A word to the wise: Always exercise your right to counsel. Ask to speak to an attorney as soon as you are taken into custody. Keep restating your desire to speak to your attorney before you will answer any questions. Even one who is truly innocent is best served by remaining silent.
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