This article is thirteen
years old but touches a subject that will forever be controversial:
the nature of the hysteria which can emerge around the occurrence
of child abuse and its effect on the truth seeking nature of
the judicial process. Clearly such hysteria is not limited to
child abuse. Maltreatment of any vulnerable population can result
in emotional reactions not only among the victims' families,
but also the community at large.
The phenomenon is hardly a modern one.
I am reminded of a the novel by Walter Van Tilburg Clark, The
Ox Bow Incident. The story takes place in the 19th century
West where a possee tracks down suspected murders of a local
rancher. One review of the movie which is based on the novel
describes the problem in the following manner:
Three strangers are soon found herding
cattle marked with the brand belonging to the murdered rancher.
They claim they bought the cattle; but they have no bill of sale.
One of the strangers has the rancher's gun. He said he bought
it from the rancher, but there is no evidence of this. Most of
the posse wants to string the strangers up immediately. A few
argue that the posse should wait and turn the strangers over
to the Sheriff.
Notwithstanding the few voices of moderation,
the mob mentality surrounding the possee's mission results in
the execution of the strangers. Soon after the execution, the
possee discovers that they had executed the wrong persons.
Clearly we are not likely to execute mistaken
suspects in the same sense as the lynching in the novel. However,
we must always remember that the investigative function is a
cornerstone of justice for consumers, staff, parents and the
community. Others may become emotionally consumed by the allegation
and evidence; however, investigators must always combine their
person skill with an unending commitment to an unemotional collection
of the facts.