UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
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Many have described these widespread prosecutions (using "repressed memories" or memories using "recovered memory therapy") as a modern-day “witch hunt.” These prosecutions were largely based on memories that alleged victims “recovered” through suggestive memory recovery tactics, including those petitioner claims were used in this case. Indeed, the dramatic increase in conspiratorial charges of child sexual abuse has been traced to a relatively small group of clinical psychologists who supported the psychoanalytic notion of “repressed memories” and encouraged patients to employ extensive “memory recovery procedures” to “break through the barrier of repression and bring memories into conscious awareness.” Popular memory recovery procedures included hypnosis, age regression, dream interpretation, guided abuse-related imagery, use of photographs to trigger memories, journaling, and interpretation of symptoms as implicit memories. These procedures and others commonly employed have great potential to induce false memories. Hypnosis, for example, has been shown to produce bizarre and impossible memories, including memories of ritualistic satanic abuse, memories from early infancy, memories from past lives, and memories from the future. The prevailing view is that the vast majority of traumatic memories that are recovered through the use of suggestive recovery procedures are false.....
Pg 23
"Finally, once individuals “recovered” memories of abuse or otherwise labeled themselves victims of abuse, they were generally encouraged to participate in various activities on an individual and community level to reinforce and develop existing memories of abuse. There, proponents of recovered memories advised alleged victims to expand on existing memories through suggestive memory recovery procedures (both in and out of therapy), participation in survivor groups, and solicitation of consistent information from others, “all with significant potential both to bias construction of historical narratives and to lead to confabulation of false memories.” When allegations of abuse span an entire community, these activities can provide an outlet for community reinforcement—an outlet which can strengthen survivor identities and foster the collective growth of increasingly inaccurate memories. See id."
Pg 27
"The record here suggests “a reasonable likelihood” that Jesse Friedman was wrongfully convicted. The “new and material evidence” in this case is the post-conviction consensus within the social science community that suggestive memory recovery tactics can create false memories and that aggressive investigation techniques like those employed in petitioner’s case can induce false reports."
This ruling now being used throughout the federal court system means that cases which use or once used "recovered memory therapy", "repressed memories" or "leading or suggestive questioning" need to be reviewed and reversed if the conviction, plea bargain or confession relied on these, now known to be, dubious standards of evidence.
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This is an effort to Break the Cycle of Shame
and Save Others from Similar Tragedy!
Grace and I while visiting family in New England
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