Thursday, December 29, 2011

Sandbagging the Innocent: False Conviction and Eyewitness Testimony

Can you remember what you had for lunch yesterday? Does it take a bit of effort to recall your mother-in-law's birthday? Are you comfortable trusting your life to an eyewitness who struggles to remember crucial details while testifying against you?

Kids play an entertaining game called Telephone where one child whispers a short phrase to the next child, who then whispers it to the third one. Once the last child in line finally hears the sentence and recites it back to the group, it has been retold with so many errors that it's completely distorted. This phenomenon of human nature, which illustrates how differently people perceive the same situation, also holds true when relying upon eyewitness testimony and false memories as irrefutable courtroom evidence.

Blind Trust
The inherent fallibility of eyewitness testimony has been the focus of myriad debates, with research illustrating how first-hand observers are easily distracted by certain lines of questioning: their recollection becomes skewed and the answers they provide meld into what they perceive to be the truth. Elizabeth Loftus has spent much of her life tracking this particular phenomenon, noting how details surface more readily with repeated and exhaustive questioning; as such, eyewitness answers no longer pertain to the events that occurred, but rather to the leading questions being asked.

Employing recovered memories as an eyewitness proves even more dangerous for getting at the truth, given the trend toward psychotherapy that compels individuals to "remember" things that either did not happen or whose facts have been so altered that only a smattering of truth remains. The techniques by which this often erroneous information is extracted have come under considerable scrutiny, standing accused of instigating the repressed – if not faulty – memories that too easily put innocent people behind bars.

"Therapists' accounts, patients' accounts, and sworn statements from litigation," says Loftus, "have revealed that highly suggestive techniques go on in some therapists' offices." Loftus, who has spent an entire career pointing out the dangers of blind trust particularly when dealing with the fate of an individual on trial, claims "the most horrifying idea is that what we believe with all our hearts is not necessarily the truth."

The Lie That Ruined A Life
The
Gerald Amirault case presents a particularly disturbing example of the feeding frenzy that develops from false accusation. Based solely upon the coerced testimony of young children who claimed the Fells Acres Day School attendant sexually abused them, a wholly innocent man was sentenced to more than 30 years in prison; his mother and sister, both of whom were teachers at the day care, were given 8-20 years under the same umbrella of erroneous accusation and false witness

The real story of what occurred bears no resemblance to the one that spread like wildfire: Gerald -- 
whose job was to perform odd jobs around the facility such as repairing, cooking and driving –- changed clothes on a 4-year-old boy who had wet them during nap time. A completely acceptable action was turned into an flagrant lie by a child with a history of behavioral issues including dishonesty and hostility. The story that forever ruined Gerald's life had him taking the boy into a secret room where he molested and raped the child.

Gerald
was granted a release in 2004, 18 years after being convicted of a crime he did not commit, but his nightmare was far from over. Branded a level three sex offender, saddled 24/7 with an electronic tracking device and forced to abide by strict curfew, he's hardly a free man. As Damian Penny duly points out, "a justice system is only as good as the flawed human beings who run it, and the system has failed Gerard Amirault miserably. Witch hunts tend to backfire in the long run, as people start to assume the witches never existed in the first place."

Children's photo from Wonder Time
Testimony photo from Kirk Garner
Puritan Witch Trial Notebook from BBC News

Sunday, December 25, 2011

Pruning to Maximize Value

Tending to your life tree is a pursuit that's all too often sidelined, allowing your world to become unsightly and ill-managed. As each main branch grows of its own accord without benefit of mindful support, it can curl back on itself, fork in too many directions or twist into a repetitive circle. Soon there are new sprigs sprouting from these branches that draw too much life force from the main stalk and ultimately weaken the whole plant. The outgrowth becomes so all-consuming that maintaining the shrub is a tremendous and often futile chore with little positive return.

The pruning process begins slowly and deliberately so you don't lop off large chunks of branches that belong in your life. Ask yourself what makes you most proud; what have you accomplished -- or continue to accomplish -- that has resonated beyond that one action? Raising self-supportive and socially aware children is at the top of many people's list and rightly so. But what else have you done that speaks to your own unique gift to the world?

Did you choose a vocation that in and of itself betters the planet or human relations? Have you volunteered your time or talent? Are you involved with a weekly book club that encourages you to expand your own horizons? Do you follow through on your promises? Efforts need not be huge in order to make an indelible impact.

What I'm most proud of/grateful for is the humility that's allowed me to make a small difference. Saving lives through animal rescue tops the list of what I call the George Bailey effect: start the ripple and it turns into a tidal wave of good. I'm blessed with a philanthropic bent that helps me see things beyond my own myopic perspective and offer ways to improve others' lives, whether that's physically, emotionally or financially.

Simplicity and minimalism have become increasingly important. Quality over quantity. Personal choice over social mandate. I no longer have any interest in owning another home. Living and traveling in an RV has always appealed to me but even more now as my sights are set on downsizing. That type of free lifestyle has come to represent the epitome of embracing what's truly important.


Laura Filbert has some additional insights on her blog about how and what to prune on our tree of life.

Read more about pruning certain people from your tree in my past post Clicking the "Unfriend" Button in Real Life.

"Tree of Life" painting by Tim Parish
Photo by Val Kerry

Friday, December 23, 2011

Where's the Proof?

Does your inner skeptic emerge when someone makes a claim that cannot be validated? That snake oil salesman who says his elixir brings world peace will never put one over on you, right? But what about when someone tells you animals possess consciousness? There is definitely a potential for truth in that statement, but how can it be proven?

Despite our desire to accept things at face value, we've been programmed all through life to question what cannot be observed. Scientific proof has long been thought the only viable way mankind truly knows how and if something exists; without empirical validation, an entity is merely speculative at best.

Skeptics believe that to rely upon any other way of knowing -- emotions, reason, language, perception -- is to grasp at straws, because tangibility (either literal or figurative) is the key component to being. The problem with this stringency, however, is how man's sense perception and communicative abilities are refuted as equally feasible where knowledge is concerned; the empirical principle simply cannot fathom the idea of existence without hard evidence.


For example, whose burden is it to prove whether God exists or not? Is it any easier to find evidence of His tangible presence than to explain the Big Bang theory? The argument has been approached from a number of philosophical and scientific perspectives, yet the lack of any definitive answer in what is arguably man's most scientifically developed period gives strong incentive to be skeptical.

But here's the kicker: Science doesn't require proof, just evidence. This may seem a trivial difference that speaks more to semantics, but these two words are football fields apart when it comes to tangibility. From the teleological perspective, for example, nature is a representation of God; therefore, God must intrinsically exist as He, too, is a product of His own creation. Confusing, yes, but Kanazawa clears it all up with one simple statement:
Proofs exist only in mathematics and logic, not in science. Mathematics and logic are both closed, self-contained systems of propositions, whereas science is empirical and deals with nature as it exists. The primary criterion and standard of evaluation of scientific theory is evidence, not proof. All else equal (such as internal logical consistency and parsimony), scientists prefer theories for which there is more and better evidence to theories for which there is less and worse evidence. Proofs are not the currency of science.

The 
 struggle for acceptance mental awareness and perception have endured speaks to man's philosophical roots. Such skepticism of philosophy -- and later psychology -- as being unworthy of scientific validity brought to light one of the most important debates that continues to play out now in the 21st century. Modern psychology developed from what many believed were unsubstantiated philosophical claims, compelling truth-seekers to ask why evidence is the only way to earn scientific validity.

Their query resonated long and loudly throughout the 19th century and eventually culminated in the Enlightenment, a critical period in man's spiritual evolution when people began questioning conventional scientific principles in earnest. Modern psychology cut its teeth during this volatile yet illuminating time.

Science may appear to be the antithesis of philosophy, but they do intersect. When great thinkers espouse certain anecdotal beliefs, scientists challenge that idea to be true and/or provable. The problem with philosophy from a scientific perspective, however, is it's not a verifiable discipline; philosophical contemplation is grounded within truth and wisdom, not a tangible commodity where a skeptical finger can be pointed.

The debate over scientific empiricism and what value it may hold in relation to man's knowledge / understanding of the world sparked quite a lively debate among some of history's most outspoken theorists. This historical chasm served as the beginning of an original quest for truth, which ultimately spawned the dispute between appearance and reality. Scientific philosopher Poincare aptly addressed this dichotomy by saying "science is built of facts the way a house is built of brick: but an accumulation of facts is no more science than a pile of bricks is a house."

Wednesday, December 21, 2011

Stacking the Jury

Being judged by a jury of peers is an elusive reality in today's criminal justice system, inasmuch as the selection process has become more rooted in psychological manipulation than propriety. Forensic psychologists, who play an important role in how and why certain people are chosen for duty and others are not, use an inventory of questions that often have nothing at all to do with the case being tried.

Potential jurors endure a formal examination called voir dire that determines the appropriateness of each individual to occupy a jury seat; bias of any kind earns immediate dismissal. These prejudices are often easy to detect while others require deeper inquiry to uncover, an approach that typically re-asks a particular question in several different ways to see if the person trips over the answer. 

In theory, the entire selection process occurs for the single objective of assembling a fair and impartial jury; in reality, it has become a chronic hemorrhage of the legal system that prevents getting a fair community cross-section. Forensic psychologists ask questions that draw out certain responses, which can unfairly orchestrate a jury whose collective presence disrupts any chance of impartiality against the projected ruling.

Indeed, attorneys face quite a tremendous task when it comes to safeguarding a trial outcome against rogue jurors. Not only must they educate the jury about minutiae of the case, but they must also make it perfectly clear in layman's terms. Far too many uncontrolled variables can lead to slip-ups where individual jurors are concerned, so lawyers engage in a strategy called mock or shadow jury that represent the actions, opinions and biases of a real jury before ever reaching trial. Attorneys value these training sessions in order to present their case in a more thorough manner. It also helps them to learn how different people respond in different areas of the country. However, Decaire's assessment doesn't do much to appease suspicion:

The Forensic Psychologist that investigates the social-legal components of the common law court system can provide influential knowledge to both criminal and common law cases…Many believe that a good evaluator can determine, before the case, which jurors are on their side…Since both sides can challenge potential jurors this will not usually stack the jury in the favor of either the defense or prosecution. The result is hopefully a fairly balanced jury. 
All this judicial jockeying and scientific jury selection gives a dubious perspective to the implication of injustice. No matter how exacting the forensic psychologist is when profiling a potential jury, there is simply no surefire way to determine how verdicts in a mock trial (where controlled variables are used) will foretell that of a real trial. Jurors are, after all, ordinary people who may or may not have a vested interest in the case outcome. Is it reasonable to think a mock jury can anticipate how impartial and unprejudiced the real jury will be when it comes to matters of the heart?

Moreover, there's no telling whether any member of a mock or real jury will adhere to the judge's directions when a particularly damning piece of evidence is stricken from the record. There is also no guarantee a juror will not crumble under the pressure of other jurors to make the verdict follow majority. Too many individual quirks exist among people to expect them all to respond in the same manner. Juries may rely upon common sense when it comes to sorting out the facts, but they also fall prey to their often-overwhelming sense of compassion. This reason, more than any other, is likely why so many criminals are treated with leniency despite best efforts from forensic psychologists.

Friday, December 16, 2011

Anatomy of a Viral Video

Ricky Ricardo would have a field day with social media.

Who'd ever imagine his adorable (if not redundant) home videos of little Ricky waving would actually earn him the adulation he so craved. But did Ricky Jr's baby antics truly have what it takes to go viral in today's unpredictable market?

A Special Recipe
Like a classically trained chef who can coax the most amazing flavors from a turnip, marketing executives are eager to discover the elusive viral recipe to extract greatness from an otherwise ordinary idea. Even the most prestigious advertising companies fail to replicate that ambiguous formula as they feverishly try to anticipate what will lead to the domino effect just a few "share" clicks can create.

Clearly, it's an organic phenomenon that follows no set guidelines, and the more marketers try to force their hand, it seems the more they fail. While Old Spice stumbled upon viral gold by keeping audiences transfixed with an alluring mystery man who effortlessly moves from one venue to another, rolling dice still seems more of a sure bet these days. Digital consultant Chris Smith duly notes:
The fundamental thing to remember about viral marketing that everyone seems to constantly forget is that it doesn't revolve around brands. It revolves around content.
Human Emotion
Tell me something. Have you ever been so enthralled with a commercial that once it was over, you had absolutely no clue what product was being advertised? That's an example of what Andrew Burnett, a successful Scottish social media marketer, identifies as the one common denominator of this viral trend: human emotion. Animals and babies are shoo-ins with the "awww" factor. Always have been, always will be. But unlike Ricky Ricardo's uninspired clips, these particular viral videos are infused with a bit of magic that captures viewers' imagination.



E*Trade built itself a little empire of viral videos with a talking baby who gave viewers investment advice. But it's really the animals who have cornered this particular market with voiceovers that tread pretty heavily on our need to anthropomorphize critters. Patty-Cake Cats and Ultimate Dog Tease are just about the best examples of how humanizing animals is both endearing and viral-worthy (and these are just regular home videos). You'll definitely want to watch the dog several times to catch every subtle nuance of such low-tech genius.

Other people's misfortune and dangerous close calls are high on the ingredient list for viral videos. Take Jonathan Mak Long, for example. What began as a heartfelt tribute to a recently-passed technological icon quickly spiraled out of control in a bad way. Viewers who appreciated how Long incorporated Steve Jobs' silhouette in the Apple logo began sharing it; for a brief moment, he happily embraced the accolades. But they soon turned into angry shouts as his design traversed the globe and was spotted by those who knew of a very similar piece created just months earlier by British graphic designer Chris Thornley. The 19-year-old Hong Kong graphic design student was soon forced to apologize and prove his innocence not just to the man he was accused of plagiarizing, but to the entire world as well.



As you may have already figured, there is definitely money to be had for some of those who literally and figuratively trip into their 15 minutes of fame. The shock value of viral videos has spawned a new trend where teens purposely risk life and limb for fast cash. Even morality is sidestepped when people continue filming an accident rather than offering help with the hopes one of many viral sites or exploitive TV programs showcases their gruesome captures.

And last but certainly not least, there is sex, but that's a topic for another day. :)

Thursday, December 15, 2011

Sexual Proclivity and Social Norms

The term immediately sets jaws on edge and causes people to avert their eyes from the person who gives voice to such a scandalous concept. Sadomasochism is so inextricably connected to the fringe element that few people want to admit knowing many details of this sexual fetish for fear they will also be labeled as 'abnormal.' The entire topic of sex, after all, is still taboo for much of the global society, with people typically conversing about it within very finite social boundaries. When the discussion drifts toward sadomasochism, involuntary gasps of disgust illustrate how sexual subcultures are still far from being readily accepted. Unconventionality notwithstanding, the S&M community represents a sexual pleasure source that's both rich in history and quite prevalent in contemporary society.

Those who fixate on the sexual deviation of sadomasochism fail to realize -- or care about –- its historical ideology. Timothy Taylor's The Prehistory of Sex: Four Million Years of Human Sexual Culture points to traces of S&M going far back into man's history; based upon the sexual preferences of two European aristocratic writers -- Marquis De Sade and Sacher-Masoch -- the erotic adventures conjured up in their imaginations and reality revolved around the concept of pleasurable pain. Sadists, who are partial to inflicting pain, bring pleasure to masochists whose preference is to receive it. This yin-yang relationship is both a representation of social subculture and a realistic view of how, despite convention, humans are fluid in their sexual proclivity.

To be unique within a world of sameness is a quest sought by many; however, it is the quickest way to become labeled a deviant. This negative connotation of individualism -– which is to maintain independence from the norm –- has cast an even darker meaning for those who embrace nonconforming sexual expression. Indeed, prejudices are shouldered by those who refuse to let people make their own life choices, so the bottom line is to keep your eyes on your own paper and don't be concerned with what or how others are scribbling on theirs.

Wednesday, December 14, 2011

Integrative Learning

Reaching and teaching students in today's troubled academic climate, no matter their (in)capacity to learn, has presented a significant challenge for educators who are faced with teaching different types of learners within a single classroom. Various methods have been introduced to address how at-risk students fall through the cracks because they're not being taught in a way they understand; predictably, few have demonstrated an ability to overcome the struggle.

Four Blocks
Robin J. Fogarty, a prominent advocate of integrated learning, points out how the absence of such diversity prevents students from achieving any level of varied exposure or understanding of what's being taught, which typically leads to boredom and distraction. The Four-Blocks integrative approach helps teachers harmonize methods, curriculum, instruction and assessment to blend these otherwise independent entities and approach learning in a holistic fashion. Clearly, students are as much a part of the learning process as are instructors; however, this reality isn't always applied in environments where conventionality dictates that teachers talk and students listen. Four-Blocks overrides these traditional barriers by allowing educators to apply an integrated focus that encourages students to learn from their developmental vantage point.

Standardized Testing
The main problems facing instructional supervision today revolve around the fact that teachers are bound too tightly when it comes to choosing their own instructional approaches. The micromanagement of education has become a most damaging aspect of academia, with teachers lacking freedom to incorporate more appropriate learning methods according to specific classroom needs. Eliminating standardized testing will empower instructors to overcome this inequitable measure of academic prowess that forces all learners into a single, rigid classification.

The hotly debated trend of standardized testing has left many academically-challenged students in a wake of confusion and poor comprehension. The theory behind this academic assessment may have had merit when first implemented across the nation, but the extent to which it has turned into a platform for discrimination is both grand and far-reaching. Standardized assessments inherently place all students in the same category of ability, no matter their individual learning limitations or challenges, which speaks to a testing system that divides student populations rather than accurately and fairly evaluates them.

Reach, Teach and Prepare
Curriculum and instruction are no longer mutually exclusive with regard to the critical roles they each play in education; as such, the only truly effective way to reach, teach and prepare students is to adopt an integrative teaching strategy that successfully incorporates more than one learning style. Book and rote education is a thing of the past that many argue was never very effective to begin with; as such, these boundaries are being broken with the help of Four-Blocks so a more connected foundation exists for students to access their future.

Behind the Magic of "It's Always Sunny in Philadelphia"

As a comedy, It's Always Sunny in Philadelphia comes across as an extended, real-life Saturday Night Live sketch that keeps viewers in stitches over the characters' emotional duress. This paradox is precisely what has transformed the show into a tremendously satisfying piece of Americana to which audiences can readily relate. The cast reads like a Who's Who straight from the annals of human deviance:

  • Dennis, the vain, superficial and socially oblivious owner of Paddy's Pub who's primary objective in life is to be the focus of attention 
  • Dee, Dennis' twin whose creative, sensitive demeanor is the source of her emotional imbalance, insecurities and subsequent professional failures 
  • Mac, Paddy's co-owner and child of a broken home, raised by a father who was a convicted felon and bought friendship by selling drugs to appease his absent self-esteem 
  • Charlie, co-owner whose social persona and personal hygiene are equally as unpleasant from what is indicated as a combination of mental deficit and lack of father figure 
  • Barbara, mother of Dennis and Dee, as well as Frank's opportunistic ex-wife 
  • Frank, Dennis and Dee's manipulative yet legal father 
  • The alcoholic waitress 
  • Bonnie, Charlie's self-effacing mother who has terrible taste in men 
  • Ryan & Liam, the incestuous siblings 
  • Carmen the transsexual
The show is arguably one of the most metaphorically laden sitcoms since Archie Bunker taught America about intolerance in the irreverent All in the Family. Because these metaphors are easily identifiable to viewers as either past, present or possible events in their own lives, people are drawn to the show for its sense of true reality; while some of the storylines are more lighthearted, the majority delve deeply into the commonality of troubles, frustrations and disappointment that occur every day.


Life and Truth
Grappling with such real-life issues as gay rights, racism, abortion and myriad other hot-button topics, the program's larger meaning strives to reach audiences through humor about serious social concerns. Each episode revolves around a particular social ill whereby the human condition is openly under attack; in fact, human conflict is a primary component to the depth and breadth of these glimpses into man's flawed character. 

Television situation comedies are renowned for their ability to blend sociopolitical issues with family/relationship dynamics and pepper the whole thing with humor. A moral or life lesson is often tacked onto the end but more than anything else, sitcoms are a way to get an inside look at typical events in the lives of typical people who face the same trials and tribulations. It's Always Sunny in Philadelphia is one such program that appeals to a variety of watchers because of its unadulterated treatment of difficult topics and the refusal to bow to the pressures of conventional programming.

Perfect Blend
A most effective aspect of the show is how the writers inject levity at points where viewers may not expect it. This capacity for blending wit with an otherwise serious moment takes viewers on an emotional rollercoaster that draws upon their sense of shared commonality. It's Always Sunny in Philadelphia succeeds at appealing to a wide audience who has gone through the many funny, painful, embarrassing or socially upsetting situations people endure.

An especially unique feature about this program, however, is that many difficult issues aren't neatly resolved by the end of the show. Viewers know this program is fictional yet they choose to immerse themselves into the fantasy of watching others experience pain, joy, regret and love knowing things will not always work out neat and tidy. This closeness to reality serves viewers well when they tune in to see the comedic tragedy of life as we know it. Analyzing It's Always Sunny in Philadelphia finds the human condition constantly in question: Is Man strong or weak, good or evil, redeemed or condemned, honorable or chicken-hearted? Indeed, this program represents all that is the human experience, a pertinent reason why it appeals so greatly to a limitless audience.

Elision and the English Language

Foreign speakers of the English language are faced with quite a daunting task when it comes to navigating silent letters, words that have no phonetic properties and other unusual nuances; when met with elisions ("gonna" instead of "going to," "wanna" instead of "want to" and "innit" instead of "isn't it"), their comprehension declines with the inability to grasp abbreviated speech. Mastering any language is about learning the words; however, when standard terms take on idiomatic expressions specific only to local tongues, foreign speakers are left at a significant disadvantage trying to decipher what is truly being said.
Those with little experience of listening, but who have had considerable experience of reading and writing, frequently fail to connect the sounds they hear with the words they have seen and recognized in their printed form, and find the whole experience confusing and discouraging (Underwood).
According to Brown in Listening to Spoken English, elision is the "'missing out' of a consonant or vowel, or both, that would be present in the slow colloquial pronunciation of a word in isolation." The extent to which these informal speech characteristics occur has rendered the English language even more difficult for foreigners to grasp, and one of the main reasons why foreign-born populations do not pursue it much beyond the basic level.

Instructors are encouraged to address this aspect when teaching students; however, it's not always clear which elisions should be taught. There is already a tremendous curve to learning the English language with so many illogical and inconsistent rules; adding to it the lazy, nonsensical jargon of elision makes the quest to assimilate that much more difficult.

Tuesday, December 13, 2011

Daycare Fosters Multiculturalism

A child's undeveloped sense of self and the world around him is often considered a disadvantage as he struggles to fit together the many confusing pieces of life. However, there are times when this naivete benefits the child's ability to disregard social stigmas and behave without prejudice, which is apparent when kids ignore different ethnic backgrounds and interact with the innocence and open-mindedness of an untainted worldview.

Watching children freely interact in the daycare setting without the slightest inclination toward cultural intolerance illustrates how the preschool environment is often the best place to learn about multicultural relationships and acceptance of other cultures.

Diversity Builds Bridges
The positive impact of diversity in the daycare setting is such that children don't learn to hate people because their skin is a different color, they have funny accents or they practice unfamiliar religious rituals. For example, a Muslim child who prays while at daycare will likely elicit curious glances from other children; once they are taught what their friend is doing and why, they accept it as being different but not something to fear or hate.

Children are blissfully ignorant of cultural intolerance; it's only when they're introduced to other mindsets from external environments that they start to form biased attitudes. Kids are not only products of their immediate environment (family) but also the highly influential elements that reside beyond their periphery (media).


Cultivating a Broad Worldview
Analyzing how children cultivate certain behaviors, have certain experiences and ultimately establish certain interactions with social networks speaks to the powerful force behind worldviews. The cross-cultural aspect of this reality lends itself to a number of implications that create harmful beliefs that prevent harmony among different populations.

The good news, however, is worldviews are not static; just as global society is a constantly changing entity, so too is the potential for people to modify their attitudes in a more positive and proactive way. In short, a child's social identity is inextricably connected to his level of cultural competence; if he doesn't cultivate a broad view of such aspects as race, color, religion, national origin and gender, he will struggle to 
embrace a multicultural worldview.