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Thursday, May 11, 2023

Repressed memory

From Wikipedia, the free encyclopedia

Repressed memory is an alleged psychiatric phenomenon which involves an inability to recall autobiographical information, usually of a traumatic or stressful nature. The concept originated in psychoanalytic theory where repression is understood as a defense mechanism that excludes painful experiences and unacceptable impulses from consciousness. Repressed memory is a controversial concept, particularly in legal contexts where it has been used to impugn individuals unfairly and inaccurately, leading to substantial harm. At the same time, an American Psychological Association working group indicated that while "most people who were sexually abused as children remember all or part of what happened to them, it is possible for memories of abuse that have been forgotten for a long time to be remembered". Although Sigmund Freud later revised his theory, he initially held that memories of childhood sexual trauma were often repressed (could not be recalled later in life) yet the traumas unconsciously influenced behavior and emotional responding.

Despite widespread belief in the phenomenon of repressed memories among laypersons and clinical psychologists, most research psychologists who study the psychology of memory dispute that repression ever occurs at all. While some psychologists believe that repressed memories can be recovered through psychotherapy (or may be recovered spontaneously, years or even decades after the event, when the repressed memory is triggered by a particular smell, taste, or other identifier related to the lost memory), experts in the psychology of memory argue that, rather than promoting the recovery of a real repressed memory, psychotherapy is more likely to contribute to the creation of false memories.

In part because of the intense controversies that arose surrounding the concepts of repressed and recovered memories, many clinical psychologists stopped using those terms and instead adopted the term dissociative amnesia to refer to the purported processes whereby memories for traumatic events become inaccessible, and the term dissociative amnesia can be found in the DSM-5, where it is defined as an "inability to recall autobiographical information. This amnesia may be localized (i.e., an event or period of time), selective (i.e., a specific aspect of an event), or generalized (i.e., identity and life history)." The change in terminology, however, has not made belief in the phenomenon any less problematic according to experts in the field of memory. Clinical psychologist Richard McNally stated: "The notion that traumatic events can be repressed and later recovered is the most pernicious bit of folklore ever to infect psychology and psychiatry. It has provided the theoretical basis for 'recovered memory therapy'—the worst catastrophe to befall the mental health field since the lobotomy era."

History

Sigmund Freud discussed repressed memory in his 1896 essay, The Aetiology of Hysteria. One of the studies published in his essay involved a young woman by the name of Anna O. Among her many ailments, she had stiff paralysis on the right side of her body. Freud stated her symptoms to be attached to psychological traumas. The painful memories had separated from her consciousness and brought harm to her body. Freud used hypnosis to treat Anna O. She is reported to have gained slight mobility on her right side.

The concept received renewed interest in the 1970s in relation to child sexual abuse and incest. Coming to be labelled The Recovered Memory Movement and Memory Wars or The Memory War, it became a major issue in pop culture during the 1980s and 1990s, connected to Satanic panic, and spawned a myriad of legal cases, controversies, and media. Michelle Remembers (1980), a discredited book by Canadian psychiatrist Lawrence Pazder and his wife/former patient Michelle Smith about Smith's fabricated experiences with repressed memories of childhood Satantic rituals and abuse, gained widespread popularity that persisted after debunking, influenced subsequent claims, and received promotion from media including Oprah, Geraldo Rivera, Sally Jesse Raphael, and 20/20. Starting in the 1980s, repressed memory legal cases increased rapidly. In 1989, a landmark legal case developed when George Franklin was charged and convicted in 1990 for the rape and murder of 8-year-old Susan Kay Nason on September 22, 1969, based on the account of his daughter, Eileen Franklin's recovered memories. Originally sentenced to life imprisonment, a district court judge overturned the conviction in 1995 based on several trial errors including the unreliability of hypnosis that was used. Eileen Franklin would further accuse her father of raping and murdering 18-year-old Veronica Cascio and 17-year-old Paula Baxter. George Franklin was released in July 1996 after prosecutors announced they would not retry him, and in 2018, the DNA evidence linked Rodney Lynn Halbower to the Cascio and Baxter murders. He was convicted of both murders and sentenced to life in prison. In 1991, People magazine featured Marilyn Van Derbur and Roseanne Barr's experiences with childhood abuse and repressed memory. Van Derbur's oldest sister Gwen verified her account, though Barr would later moderate her claims. Such cases and reactions led to the definition of false memory syndrome and establishment of the False Memory Syndrome Foundation in 1992. The Ramona false memory case in 1994 was another landmark case, where father Gary Ramona successfully sued for malpractice against Western Medical Center in Anaheim, its chief of psychiatry Richard Rose, and therapist Marche Isabella, for implanting false memories of child abuse while treating his daughter Holly for depression and bulimia. It was also notable for being brought by a third party not involved in the doctor-patient relationship and contributed to continued evaluation of the phenomenon. Skepticism and criticism of repressed memory continued to mount through the 1990s, 2000s, and beyond, emphasizing unreliability, false claims, and lack of examples in historical records.

Issues

Case studies

Psychiatrist David Corwin has claimed that one of his cases provides evidence for the reality of repressed memories. This case involved a patient (the Jane Doe case) who, according to Corwin, had been seriously abused by her mother, had recalled the abuse at age six during therapy with Corwin, then eleven years later was unable to recall the abuse before memories of the abuse returned to her mind again during therapy. An investigation of the case by Elizabeth Loftus and Melvin Guyer, however, raised serious questions about many of the central details of the case as reported by Corwin, including whether or not Jane Doe was abused by her mother at all, suggesting that this may be a case of false memory for childhood abuse with the memory "created" during suggestive therapy at the time that Doe was six. Loftus and Guyer also found evidence that, following her initial "recall" of the abuse during therapy at age six, Doe had talked about the abuse during the eleven years in between the sessions of therapy, indicating that even if abuse had really occurred, memory for the abuse had not been repressed. More generally, in addition to the problem of false memories, this case highlights the critical dependence of repression-claims cases on the ability of individuals to recall whether or not they had previously been able to recall a traumatic event; as McNally has noted, people are notoriously poor at making that kind of judgment.

An argument that has been made against the validity of the phenomenon of repressed memories is that there is little (if any) discussion in the historical literature prior to the 19th century of phenomena that would qualify as examples of memory repression or dissociative amnesia. In response to Harrison Pope's 2006 claim that no such examples exist, Ross Cheit, a political scientist at Brown University, cited the case of Nina, a 1786 opera by the French composer Nicolas Dalayrac, in which the heroine, having forgotten that she saw her lover apparently killed in a duel, waits for him daily. Pope claims that even this single fictional description does not clearly meet all criteria for evidence of memory repression, as opposed to other phenomena of normal memory.

Despite the claims by proponents of the reality of memory repression that any evidence of the forgetting of a seemingly traumatic event qualifies as evidence of repression, research indicates that memories of child sexual abuse and other traumatic incidents may sometimes be forgotten through normal mechanisms of memory. Evidence of the spontaneous recovery of traumatic memories has been shown, and recovered memories of traumatic childhood abuse have been corroborated; however, forgetting trauma does not necessarily imply that the trauma was repressed. One situation in which the seeming forgetting, and later recovery, of a "traumatic" experience is particularly likely to occur is when the experience was not interpreted as traumatic when it first occurred, but then, later in life, was reinterpreted as an instance of early trauma.

A review by Alan Sheflin and Daniel Brown in 1996 found 25 previous studies of the subject of amnesia of childhood sexual abuse. All 25 "demonstrated amnesia in a subpopulation", including more recent studies with random sampling and prospective designs. On the other hand, in a 1998 editorial in the British Medical Journal Harrison Pope wrote that "on critical examination, the scientific evidence for repression crumbles." He continued, "asking individuals if they 'remember whether they forgot' is of dubious validity. Furthermore, in most retrospective studies corroboration of the traumatic event was either absent or fell below reasonable scientific standards."

Authenticity

Memories can be accurate, but they are not always accurate. For example, eyewitness testimony even of relatively recent dramatic events is notoriously unreliable. Memories of events are a mix of fact overlaid with emotions, mingled with interpretation and "filled in" with imaginings. Skepticism regarding the validity of a memory as factual detail is warranted. For example, one study where victims of documented child abuse were reinterviewed many years later as adults, 38% of the women denied any memory of the abuse.

Various manipulations are considered to be able to implant false memories (sometimes called "pseudomemories"). Psychologist Elizabeth Loftus has noted that some of the techniques that some therapists use in order to supposedly help the patients recover memories of early trauma (including such techniques as age regression, guided visualization, trance writing, dream work, body work, and hypnosis) are particularly likely to contribute to the creation of false or pseudo memories. Such therapy-created memories can be quite compelling for those who develop them, and can include details that make them seem credible to others. In a now classic experiment by Loftus (widely known as the "Lost in the Mall" study), participants were given a booklet containing three accounts of real childhood events written by family members and a fourth account of a wholly fictitious event of being lost in a shopping mall. A quarter of the subjects reported remembering the fictitious event, and elaborated on it with extensive circumstantial detail. This experiment inspired many others, and in one of these, Porter et al. convinced about half of the participants that they had survived a vicious animal attack in childhood.

Critics of these experimental studies have questioned whether their findings generalize to memories for real-world trauma or to what occurs in psychotherapeutic contexts. However, when memories are "recovered" after long periods of amnesia, particularly when extraordinary means were used to secure the recovery of memory, it is now widely (but not universally) accepted that the memories have a high likelihood of being false, i.e. "memories" of incidents that had not actually occurred. It is thus recognised by professional organizations that a risk of implanting false memories is associated with some similar types of therapy. The American Psychological Association advises: "...most leaders in the field agree that although it is a rare occurrence, a memory of early childhood abuse that has been forgotten can be remembered later; however, these leaders also agree that it is possible to construct convincing pseudomemories for events that never occurred."

Not all therapists agree that false memories are a major risk of psychotherapy and they argue that this idea overstates the data and is untested. Several studies have reported high percentages of the corroboration of recovered memories, and some authors have claimed that among skeptics of idea of recovered memory there is a "tendency to conceal or omit evidence of corroboration" of recovered memories.

A difficult issue for the field is that there is no evidence that reliable discriminations can be made between true and false memories. Some believe that memories "recovered" under hypnosis are particularly likely to be false. According to The Council on Scientific Affairs for the American Medical Association, recollections obtained during hypnosis can involve confabulations and pseudomemories and appear to be less reliable than nonhypnotic recall. Brown et al. estimate that 3 to 5% of laboratory subjects are vulnerable to post-event misinformation suggestions. They state that 5–8% of the general population is the range of high-hypnotizability. Twenty-five percent of those in this range are vulnerable to suggestion of pseudomemories for peripheral details, which can rise to 80% with a combination of other social influence factors. They conclude that the rates of memory errors run 0–5% in adult studies, 3–5% in children's studies and that the rates of false allegations of child abuse allegations run 4–8% in the general population.

Mechanisms

Those who argue in favor of the validity of the phenomenon of repressed memory have identified three mechanisms of normal memory that may explain how memory repression may occur: retrieval inhibition, motivated forgetting, and state-dependent remembering.

Retrieval inhibition

Retrieval inhibition refers to a memory phenomenon where remembering some information causes forgetting of other information. Anderson and Green have argued that for a linkage between this phenomenon and memory repression; according to this view, the simple decision to not think about a traumatic event, coupled with active remembering of other related experiences (or less traumatic elements of the traumatic experience) may make memories for the traumatic experience itself less accessible to conscious awareness. However, two problems with this viewpoint have been raised: (1) the evidence for the basic phenomenon itself has not consistently replicated, and (2) the phenomenon does not meet all criteria that must be met to support memory repression theory, particularly the lack of evidence that this form of forgetting is particularly likely to occur in the case of traumatic experiences.

Motivated forgetting

The motivated forgetting phenomenon, which is also sometimes referred to as intentional or directed forgetting, refers to forgetting which is initiated by a conscious goal to forget particular information. In the classic intentional forgetting paradigm, participants are shown a list of words, but are instructed to remember certain words while forgetting others. Later, when tested on their memory for all of the words, recall and recognition is typically worse for the deliberately forgotten words. A problem for viewing motivated forgetting as a mechanism of memory repression is that there is no evidence that the intentionally forgotten information becomes, first, inaccessible and then, later, retrievable (as required by memory repression theory).

State-dependent remembering

The term state-dependent remembering refers to the evidence that memory retrieval is most efficient when an individual is in the same state of consciousness as they were when the memory was formed. Based upon her research with rats, Radulovic has argued that memories for highly stressful traumatic experiences may be stored in different neural networks than is the case with memories for non-stressful experiences, and that memories for the stressful experiences may then be inaccessible until the organism's brain is in a neurological state similar to the one that occurred when the stressful experience first occurred. At present, however, there is no evidence that what Radulovic found with rats occurs in the memory systems of humans, and it is not clear that human memories for traumatic experiences are typically "recovered" by placing the individual back in the mental state that was experienced during the original trauma.

Amnesia

Amnesia is partial or complete loss of memory that goes beyond mere forgetting. Often it is temporary and involves only part of a person's experience. Amnesia is often caused by an injury to the brain, for instance after a blow to the head, and sometimes by psychological trauma. Anterograde amnesia is a failure to remember new experiences that occur after damage to the brain; retrograde amnesia is the loss of memories of events that occurred before a trauma or injury. Dissociative amnesia is defined in the DSM-5 as the "inability to recall autobiographical information" that is (a) "traumatic or stressful in nature", (b) "inconsistent with ordinary forgetting", (c) "successfully stored", (d) involves a period of time when the patient is unable to recall the experience, (e) is not caused by a substance or neurological condition, and (f) is "always potentially reversible". McNally and others have noted that this definition is essentially the same as the defining characteristics of memory repression, and that all of the reasons for questioning the reality of memory repression apply equally well to claims regarding dissociative amnesia.

Effects of trauma on memory

The essence of the theory of memory repression is that it is memories for traumatic experiences that are particularly likely to become unavailable to conscious awareness, even while continuing to exist at an unconscious level. A prominent more specific theory of memory repression, "Betrayal Trauma Theory", proposes that memories for childhood abuse are the most likely to be repressed because of the intense emotional trauma produced by being abused by someone the child is dependent on for emotional and physical support; in such situations, according to this theory, dissociative amnesia is an adaptive response because it permits a relationship with the powerful abuser (whom the child is dependent upon) to continue in some form.

Psychiatrist Bessel van der Kolk divided the effects of traumas on memory functions into four sets:

  • Traumatic amnesia; this involves the loss of memories of traumatic experiences. The younger the subject and the longer the traumatic event is, the greater the chance of significant amnesia. He stated that subsequent retrieval of memories after traumatic amnesia is well documented in the literature, with documented examples following natural disasters and accidents, in combat soldiers, in victims of kidnapping, torture and concentration camp experiences, in victims of physical and sexual abuse, and in people who have committed murder.
  • Global memory impairment; this makes it difficult for subjects to construct an accurate account of their present and past history. "The combination of lack of autobiographical memory, continued dissociation and of meaning schemes that include victimization, helplessness and betrayal, is likely to make these individuals vulnerable to suggestion and to the construction of explanations for their trauma-related affects that may bear little relationship to the actual realities of their lives"
  • Dissociative processes; this refers to memories being stored as fragments and not as unitary wholes.
  • Traumatic memories' sensorimotor organization. Not being able to integrate traumatic memories seems to be linked to posttraumatic stress disorder (PTSD).

According to van der Kolk, memories of highly significant events are usually accurate and stable over time; aspects of traumatic experiences appear to get stuck in the mind, unaltered by time passing or experiences that may follow. The imprints of traumatic experiences appear to be different from those of nontraumatic events, perhaps because of alterations in attentional focusing or the fact that extreme emotional arousal interferes with memory. van der Kolk and Fisler's hypothesis is that under extreme stress, the memory categorization system based in the hippocampus fails, with these memories kept as emotional and sensory states. When these traces are remembered and put into a personal narrative, they are subject to being condensed, contaminated and embellished upon.

A significant problem for trauma theories of memory repression is the lack of evidence with humans that failures of recall of traumatic experiences result from anything other than normal processes of memory that apply equally well to memories for traumatic and non-traumatic events. In addition, it is clear that, rather than being pushed out of consciousness, the difficulty with traumatic memories for most people is their inability to forget the traumatic event and the tendency for memories of the traumatic experience to intrude upon consciousness in problematic ways.

Evidence from psychological research suggests that most traumatic memories are well remembered over long periods of time. Autobiographical memories appraised as highly negative are remembered with a high degree of accuracy and detail. This observation is in line with psychological understanding of human memory, which explains that highly salient and distinctive events—common characteristics of negative traumatic experiences—are remembered well. When experiencing highly emotional, stressful events, physiological and neurological responses, such as those involving the limbic system, specifically the amygdala and hippocampus, lead to more consolidated memories. Evidence shows that stress enhances memory for aspects and details directly related to the stressful event. Furthermore, behavioural and cognitive memory-enhancing responses, such as rehearsing or revisiting a memory in one's mind are also more likely when memories are highly emotional. When compared to positive events, memory for negative, traumatic experiences are more accurate, coherent, vivid, and detailed, and this trend persists over time. This sample of what is a vast body of evidence calls into question how it is possible that traumatic memories, which are typically remembered exceptionally well, might also be associated with patterns of extreme forgetting.

The high quality remembering for traumatic events is not just a lab-based finding but has also been observed in real-life experiences, such as among survivors of child sexual abuse and war-related atrocities. For example, researchers who studied memory accuracy in child sexual abuse survivors 12 to 21 years after the event(s) ended found that the severity of posttraumatic stress disorder was positively correlated with the degree of memory accuracy. Further, all persons who identified the child sexual abuse as the most traumatic event of their life, displayed highly accurate memory for the event. Similarly, in a study of World War II survivors, researchers found that participants who scored higher on posttraumatic stress reactions had war memories that were more coherent, personally consequential, and more rehearsed. The researchers concluded that highly distressing events can lead to subjectively clearer memories that are highly accessible.

Legal status

Serious issues arise when recovered but false memories result in public allegations; false complaints carry serious consequences for the accused. A special type of false allegation, false memory syndrome, arises typically within therapy, when people report the "recovery" of childhood memories of previously unknown abuse. The influence of practitioners' beliefs and practices in the eliciting of false "memories" and of false complaints has come under particular criticism.

Some criminal cases have been based on a witness's testimony of recovered repressed memories, often of alleged childhood sexual abuse. In some jurisdictions, the statute of limitations for child abuse cases has been extended to accommodate the phenomena of repressed memories as well as other factors. The repressed memory concept came into wider public awareness in the 1980s and 1990s followed by a reduction of public attention after a series of scandals, lawsuits, and license revocations.

A U.S. District Court accepted repressed memories as admissible evidence in a specific case. Dalenberg argues that the evidence shows that recovered memory cases should be allowed to be prosecuted in court.

The apparent willingness of courts to credit the recovered memories of complainants but not the absence of memories by defendants has been commented on: "It seems apparent that the courts need better guidelines around the issue of dissociative amnesia in both populations."

In 1995, the Ninth Circuit Court of Appeals ruled, in Franklin v. Duncan and Franklin v. Fox, Murray et al. (312 F3d. 423, see also 884 FSupp 1435, N.D. Calif.), that repressed memory is not admissible as evidence in a legal action because of its unreliability, inconsistency, unscientific nature, tendency to be therapeutically induced evidence, and subject to influence by hearsay and suggestibility. The court overturned the conviction of a man accused of murdering a nine-year-old girl purely based upon the evidence of a 21-year-old repressed memory by a lone witness, who also held a complex personal grudge against the defendant.

In a 1996 ruling, a U.S. District Court allowed repressed memories entered into evidence in court cases. Jennifer Freyd writes that Ross E. Cheit's case of suddenly remembered sexual abuse is one of the most well-documented cases available for the public to see. Cheit prevailed in two lawsuits, located five additional victims and tape-recorded a confession.

On December 16, 2005, the Irish Court of Criminal Appeal issued a certificate confirming a Miscarriage of Justice to a former nun, Nora Wall whose 1999 conviction for child rape was partly based on repressed-memory evidence. The judgement stated that:

There was no scientific evidence of any sort adduced to explain the phenomenon of "flashbacks" and/or "retrieved memory", nor was the applicant in any position to meet such a case in the absence of prior notification thereof.

On August 16, 2010, the United States Second Circuit Court of Appeals in a case reversed the conviction that relied on claimed victim memories of childhood abuse stating that "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" (pg 27 FRIEDMAN v. REHAL Docket No. 08-0297). The ruling goes on to order all previous convictions and plea bargains relying in repressed memories using common memory recovered techniques be reviewed.

Recovered memory therapy

The term "recovered memory therapy" refers to the use of a range of psychotherapy methods that involve guiding the patient's attempts to recall memories of abuse that had previously been forgotten. The term "recovered memory therapy" is not listed in DSM-V nor is recovered memory therapy recommended by mainstream ethical and professional mental health associations. Critics of recovered memory therapy note that the therapy can create false memories through its use of powerful suggestion techniques. It has also been found that patients who retract their claims—after deciding their recovered memories are false—may have post-traumatic stress disorder due to the trauma of illusory memories.

Summary

The Working Group on Investigation of Memories of Child Abuse of the American Psychological Association reached five key conclusions:

  1. Controversies regarding adult recollections should not be allowed to obscure the fact that child sexual abuse is a complex and pervasive problem in America that has historically gone unacknowledged;
  2. Most people who were sexually abused as children remember all or part of what happened to them;
  3. It is possible for memories of abuse that have been forgotten for a long time to be remembered;
  4. It is also possible to construct convincing pseudo-memories for events that never occurred; and
  5. There are gaps in our knowledge about the processes that lead to accurate and inaccurate recollections of childhood abuse.

Day-care sex-abuse hysteria

From Wikipedia, the free encyclopedia

Day-care sex-abuse hysteria was a moral panic that occurred primarily during the 1980s and early 1990s, and featured charges against day-care providers accused of committing several forms of child abuse, including Satanic ritual abuse. The collective cases are often considered a part of the Satanic Panic. A 1982 case in Kern County, California, United States, first publicized the issue of day-care sexual abuse, and the issue figured prominently in news coverage for almost a decade. The Kern County case was followed by cases elsewhere in the United States, as well as Canada, New Zealand, Brazil, and various European countries.

Causes

Anxiety

During the late 1970s and early 1980s, many more mothers were working outside of the home, resulting in the opening of large numbers of day-care facilities. Anxiety and guilt due to leaving young children with strangers may have created a climate of fear and readiness to believe false accusations.

Suggestibility of children

Children are vulnerable to outside influences that can result in fabrication of testimony. Their testimony can be influenced in a variety of ways. In an article published by the American Psychological Association and titled Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony, by Maggie Bruck—a professor within the Division of Child and Adolescent Psychiatry at Johns Hopkins School of Medicine—wrote that children incorporate aspects of the interviewer's questions into their answers, as an attempt to tell the interviewer what the child believes is being sought. Studies also show that when adults ask children questions that do not make sense (such as: "is milk bigger than water?" or "is red heavier than yellow?"), most children will offer an answer, believing that there is an answer to be given, rather than understanding the absurdity of the question. Furthermore, repeated questioning of children causes them to change their answers. This is because the children perceive the repeated questioning as a sign that they did not give the "correct" answer previously. Children are also especially susceptible to leading and suggestive questions. Research has found that, in the absence of being prompted, it is uncommon for children to make fictitious reports of sexual abuse. And that conversely, it is not unusual for children to underreport abuse.

Interviewer bias also influences child testimony. When an interviewer has a preconceived notion as to the truth of the matter being investigated, the questioning is performed in a manner to extract statements that evidence these beliefs. As a result, evidence that could disprove the belief is never sought by the interviewer. Additionally, positive reinforcement by the interviewer can taint child testimony. Often, such reinforcement is given to encourage a spirit of cooperation by the child, but impartiality can quickly end as the interviewer nods, smiles, or offers verbal encouragement to "helpful" statements. Some studies show that when interviewers make reassuring statements to child witnesses, the children are more likely to fabricate stories of past events that never occurred.

Peer pressure also influences children to fabricate stories. Studies show that when a child witness is told that his or her friends have already testified that certain events occurred, the child witness was more likely to create a matching story. The status of the interviewer can also influence a child's testimony, because the more authority an interviewer has, such as a police officer, the more likely a child is to comply with that person's apparent agenda.

Finally, while there are endorsers of the use of anatomically correct dolls in questioning victims of sexual abuse/molestation, there are also critics of this practice. These critics say that because of the novelty of the dolls, children will act out sexually explicit acts with the dolls even if the child has not been sexually abused. Another criticism is that, due to conflicting claims about how children tend to play with these dolls (some studies suggest that children who have been sexually abused play with them in a more sexually explicit manner, while other studies have found no correlation), no meaningful conclusions can be drawn from how a particular child plays.

Timeline

Significant cases

Most of those accused in these cases were eventually freed, but no U.S. Governor has pardoned a prisoner convicted falsely as a result of the hysteria. On January 14, 1997, many of those freed attended a "Day of Contrition" conference in Salem, Massachusetts.

McMartin Preschool

The McMartin Preschool case was the first daycare abuse case to receive major media attention in the United States. The case concerned the McMartin Preschool in Manhattan Beach, California, where seven teachers were accused of kidnapping children, flying them in an airplane to another location, and forcing them to engage in group sex, as well as forcing them to watch animals being tortured and killed. The case also involved accusations that children had been forced to participate in bizarre religious rituals, and being used to make child pornography. The case began with a single accusation, made by a mother—who was later found to be a paranoid schizophrenic—of one of the students, but grew rapidly when investigators informed parents of the accusation, and began interviewing other students. The case made headlines nationally during 1984, and seven teachers were arrested and charged that year. However, when a new district attorney took over the case in 1986, his office re-examined the evidence, and dismissed charges against all but two of the original defendants. Their trials became one of the longest and most expensive criminal trials in the history of the United States, but in 1990, all of these charges were also dismissed. The trial was met with disapproval by both its jurors and academic researchers, who criticized the interviewing techniques that investigators had used in their investigations of the school, alleging that interviewers had "coaxed" children into making unfounded accusations, repeatedly asking children the same questions, and offering various incentives until the children reported having been abused. Most scholars now agree that the accusations these interviews elicited from children were false. Sociologist Mary de Young and historian Philip Jenkins have both cited the McMartin case as the prototype for a wave of similar accusations and investigations between 1983 and 1995, which constituted a moral panic.

Country Walk

Frank and Ileana Fuster owned the Country Walk Babysitting Service in the Country Walk suburb of Miami, Florida, United States. In 1985, Frank was found guilty of 14 counts of abuse. He was sentenced to prison with a minimum length of 165 years. Fuster's alleged victims testified that he led them in Satanic rituals, and terrorized them by forcing them to watch him mutilate birds—a lesson to children who might reveal the abuse. Fuster had been previously convicted for manslaughter and molesting a 9-year-old child. Testimony from children in the case was elicited by University of Miami child psychologists Laurie and Joseph Braga, who resorted to coercive questioning of the alleged victims when the desired answers were not forthcoming. Fuster's wife, Ileana, recanted her court testimony in an interview with the television program Frontline, saying that she had been kept naked in solitary confinement, and subjected to other forms of physical and psychological duress until she had agreed to testify against her husband.

The case was prosecuted by Dade County state's attorney Janet Reno, who also prosecuted day-care sex-abuse cases against Grant Snowden and Bobby Fijnje. Ileana said that Reno visited her in jail and pressured her to confess. The incident also inspired a 1986 book and a 1990 made-for-television movie named Unspeakable Acts. Fuster continues to serve a 165-year prison sentence, making him the last person imprisoned by the hysteria.

Fells Acres Day School

During April 1984, Gerald Amirault was arrested and charged with abusing children in his care at the Fells Acres Day School in Malden, Massachusetts, United States. After Amirault changed the pants on a young boy who had wet himself, the boy's mother, uncle, and therapist questioned him over a period of months, until the boy alleged that Amirault had been sexually abusing him. The boy's mother then telephoned a child abuse hotline to report that her son had been abused sexually, and Amirault was arrested soon thereafter. As a result of the 1986 trial, Amirault was convicted of assaulting and raping nine children, and sentenced to thirty to forty years in state prison. In a separate trial, his mother, Violet Amirault, and sister, Cheryl Amirault LeFave, were also convicted of similar charges, and sentenced to jail for eight to 20 years. According to Richard Beck, the case developed "in the usual way" compared to other moral panic cases, with more and more children making increasingly bizarre allegations against the accused during the course of the investigation. The allegations included reports of "bad clowns," robots, "magic rooms," and animals tortured. According to Beck, one of the prosecutors responsible for the case commented that coaxing allegations out of the children had been like “getting blood from a stone.”

During 1995, The Wall Street Journal journalist Dorothy Rabinowitz questioned testimony from the children that had been elicited with dubious interrogation techniques, and wrote: "no sane person reading the transcripts of these interrogations can doubt the wholesale fabrications of evidence on which this case was built." Rabinowitz was a finalist in 1996, and winner in 2001, of the Pulitzer Prize for Commentary for her newspaper columns on the issue, and made the Amiraults’ case a centerpiece of her book No Crueler Tyrannies: Accusation, False Witness, and Other Terrors of Our Times. Violet and Cheryl were granted a new trial in 1997, on the basis that they had been denied the right to face their accusers and had been represented inadequately at trial, but Violet died, and a judge reduced Cheryl's sentence to time served before the new trial could proceed. During 2001, the Massachusetts Board of Pardons recommended that Gerald's sentence be commuted, citing "substantial doubt" about his guilt. He was granted parole in 2003. Writing about the case at the time of Gerald's release, the magazine The Economist suggested in an editorial that while the Amiraults had long maintained their innocence, and had attracted a "string of prominent supporters" who believed that they had been convicted wrongly, "many others continue to believe that Mr. Amirault committed the crimes."

Bernard Baran

On October 4, 1984, a drug addicted couple acting as police informants telephoned their contact within the police department of Pittsfield, Massachusetts, United States and accused Bernard Baran of molesting their son. The child had been attending the government operated Early Childhood Development Center (ECDC) where Baran, an openly homosexual 19-year-old, worked as a teacher's aide. The accusers had complained previously to the board of directors that they "didn't want no homo" around their son.

Within days of the first allegation, ECDC hosted a puppet show, and delivered letters to parents notifying them about a child at the day care who had gonorrhea. Five other allegations were made. Baran was tried in the Berkshire County courthouse 105 days after the first allegation, a swiftness noted in the later court rulings. The courtroom was closed during the children's testimony, which Baran claimed violated his right to a public trial. Baran's defense attorney was later ruled ineffective. Baran was convicted on January 30, 1985, of three counts of rape of a child, and five counts of indecent assault and battery. He was sentenced to three life terms, plus 8 to 20 years on each charge. Baran maintained his innocence throughout his case. In 1999, a new legal team accepted his case. In 2004, hearings began in a motion for a new trial. In 2006, Baran was granted a new trial, and released on $50,000 bail. In May 2009, the Massachusetts Appeals Court affirmed the new trial ruling, setting aside the 1985 convictions. The Berkshire County District Attorney's office dismissed the original charges, and Baran's record was cleared.

The Bronx Five

Prosecutor Mario Merola brought prosecutions resulting in the conviction of five men, including Nathaniel Grady, a 47-year-old Methodist minister, of sexually abusing children in day care facilities throughout the Bronx. Grady spent ten years in prison before being released in 1996.

Three employees of another Bronx day-care center were arrested in August 1984, on the charges of abusing at least ten children in their care. Federal and city investigators then questioned dozens of children at the day care. They were reported as having used 'dolls, gentle words, and a quiet approach'. More children reported being abused sexually, increasing the total to 30. Three more day care facilities also were investigated for sexual abuse. On August 11, 1984, federal funds were ended to the Head Start preschool program at the Praca Day Care Center, and three employees had been arrested. In June 1985, the day care facility was reopened with new sponsorship.

In January 1986, Albert Algerin, employed at the Praca Day Care center, was sentenced to 50 years for rape and sexual abuse. In May, Praca employee Jesus Torres, a former teacher's aide was sentenced to 40 years. Praca employee Franklin Beauchamp had his case overturned by the New York Court of Appeals during May 1989.

All five convictions were ultimately reversed.

Wee Care Nursery School

In Maplewood, New Jersey, during April 1985, Margaret Kelly Michaels was indicted for 299 offenses in connection with the sexual assault of 33 children. Michaels denied the charges. "The prosecution produced expert witnesses who said that almost all the children displayed symptoms of sexual abuse." Prosecution witnesses testified that the children "had regressed into such behavior as bed-wetting and defecating in their clothing. The witnesses said the children became afraid to be left alone or to stay in the dark." Some of the other teachers testified against her. "The defense argued that Michaels did not have the time or opportunity to go to a location where all the activities could have taken place without someone seeing her."

Michaels was sentenced to 47 years in the "sex case". Michaels "told the judge that she was confident her conviction would be overturned on appeal". After five years in prison, her appeal was successful, and her sentence was reversed by a New Jersey appeals court. The New Jersey Supreme Court upheld the appellate court's decision, and declared, "the interviews of the children were highly improper and utilized coercive and unduly suggestive methods". A three judge panel ruled she had been denied a fair trial, because, "the prosecution of the case had relied on testimony that should have been excluded because it improperly used an expert's theory, called the child sexual abuse accommodation syndrome, to establish guilt". The original judge was also criticized "for the way in which he allowed the children to give televised testimony from his chambers".

Glendale Montessori

James Toward and Brenda Williams were accused of kidnapping and sexually abusing six boys who attended Glendale Montessori School in Stuart, Florida, as preschoolers during 1986 and 1987. Investigators claimed to know as many as 60 victims, mostly from the ages 2 to 5.

In 1988, Williams, an office manager, was convicted and sentenced to 10 years in prison. She pleaded no contest to sexual abuse and attempted kidnapping charges involving five boys, and she was released from prison in 1993 after serving five years. In 1989, Toward, the owner of Glendale Montessori School, pleaded guilty to child sexual abuse charges and received a 27-year sentence. While technically maintaining his innocence, he allowed a guilty plea to be entered against him, convicting him of molesting or kidnapping six boys. Toward was placed in involuntary commitment due to the Jimmy Ryce Act. Although he maintained his innocence, Toward said he plea-bargained to avoid an almost certain life sentence.

Little Rascals

In Edenton, North Carolina, in January 1989, a parent accused Bob Kelly of sexual abuse. During the next several months, investigations and therapy resulted in allegations against dozens of other adults in the town, culminating in the arrest of seven adults.

Despite the severity of some of the alleged acts, parents noticed no abnormal behaviour in their children until after initial accusations were made. Bob Kelly's trial lasted eight months, and on April 22, 1992, he was convicted of 99 out of 100 counts against him. In 1995, the North Carolina Court of Appeals granted new trials to two defendants, including Kelly. Charges were ultimately dismissed for both.

The remainder of the defendants received a variety of sentences.

Dale Akiki

Dale Akiki, a developmentally-delayed man with Noonan syndrome, was accused of satanic ritual abuse during 1991. Akiki and his wife were volunteer babysitters at Faith Chapel in Spring Valley, California. The accusations started when a young girl told her mother that "[Akiki] showed me his penis," after which the mother contacted the police. After interviews, nine other children accused Akiki of killing animals, such as a giraffe and an elephant, and drinking their blood in front of the children. He was found not guilty of the 35 counts of child abuse and kidnapping in his 1993 trial.

In 1994, the San Diego County Grand Jury reviewed the Akiki cases, and concluded there was no reason to pursue the theory of ritual abuse. On August 25, 1994, he filed a suit against the County of San Diego, Faith Chapel Church, and many others, which was settled for $2 million. Akiki's public defenders received the Public Defender of the Year award for their work defending Akiki.

Oak Hill satanic ritual abuse trial

Frances Keller and her husband, Dan Keller, both of Austin, Texas, were convicted of sexually abusing a 3-year-old girl in their care, and sentenced to 48 years in prison. They spent 21 years in prison until their release in 2013.

The case began on August 15, 1991, when a 3-year-old girl told her mother that Dan Keller had spanked her. However, the “allegation quickly morphed into an allegation of sexual abuse.” The mother and daughter were on their way to a scheduled appointment with the girl's therapist, Donna David-Campbell, who elicited details that included Keller defecating on her head and sexually assaulting her with a pen. During the time leading up to the trial, two other children from the day care offered similar accusations. According to the children, the couple served blood-laced Kool-Aid, and forced them to have videotaped sex with adults and other children. The Kellers, they said, sometimes wore white robes and lit candles before hurting them. The children also accused the Kellers of forcing them to watch or participate with the killing and dismemberment of cats, dogs, and a crying baby. Bodies were unearthed in cemeteries, and new holes were dug to hide freshly killed animals. At one point, an adult passer-by was shot and dismembered with a chainsaw. The children recalled several airplane flights, including one to Mexico, where they were sexually abused by soldiers, before returning to Austin in time to meet their parents at the day care.

The only physical evidence of abuse in the case was presented by Michael Mouw, a then-novice emergency room physician at Brackenridge Hospital, who examined the 3-year-old girl in 1991, on the night she first accused Dan Keller of abuse. Mouw testified at the Kellers' trial that he found “deformities—described as possible lacerations to the hymen and a tear of the fourchette,” and constituted what he considered possible “signs of sexual abuse.” Mouw's determination was confirmed by pediatrician Beth Nauert, who agreed at the time that the child had “deformities to her vaginal area that could be signs of sexual abuse.” However, Nauert would notably examine the child two weeks after Mouw, and “found no signs of any deformities.” Three years after the 1992 trial, Mouw attended a medical seminar hosted by Nauert that “detailed normal variations of female genitalia” in a slide presentation. Mouw stated that the presentation included a photo that was identical to what he had observed in the girl. In 2009, Mouw issued a reversal on his prior claims, after being contacted by The Austin Chronicle, as a part of their story titled “Believing the Children” that covered the Kellers’ case. Mouw stated that his erroneous medical testimony was caused by his “little experience, if any formal education at all, in conducting sexual abuse examinations of children.”

On November 26, 2013, the Travis County district attorney's office announced that Fran Keller, now age 63, was being released on bond and her husband, Dan Keller, who was convicted at the same time, would be released within a week as a result of a deal with their lawyers. "There is a reasonable likelihood that (the medical expert's) false testimony affected the judgment of the jury and violated Frances Keller's right to a fair trial," said the district attorney.

On June 20, 2017, the Travis County district attorney's office announced that the case against the Kellers had been dismissed, citing actual innocence. They were awarded $3.4 million in compensation from the state of Texas for the 21 years they spent in prison.

Wenatchee child abuse prosecutions

In Wenatchee, Washington, during 1994 and 1995, police and state social workers performed what was then termed the nation's most extensive child sex-abuse investigation. Forty-three adults were arrested on 29,726 charges of child sex abuse involving 60 children. Parents, Sunday school teachers, and a pastor were charged, and many were convicted of abusing their own children or the children of others in the community. However, prosecutors were unable to provide any physical evidence of the charges. The main witness was the 13-year-old foster daughter of police officer Robert Perez, who had investigated the cases. A jury found the city of Wenatchee and Douglas County, Washington, negligent in the 1994–1995 investigations. In 2001, $3 million was awarded to a couple who had been accused wrongly as a result of the inquiry.

Christchurch Civic Crèche

Peter Ellis, a child-care worker at the Christchurch Civic Crèche in New Zealand, was found guilty of 16 counts of sexual abuse against children in 1992, and served seven years in jail. Four female co-workers were also arrested on 15 charges of abuse, but were released after these charges were dismissed. Peter Ellis consistently denied any abuse, and although he passed away in September 2019, on 7 October 2022 New Zealand's Supreme Court unanimously quashed Mr Ellis' convictions. The Court found major problems in the evidence of the prosecution's expert witness, ruling that it departed from appropriate standards and "lacked balance, suffered from problematic circular reasoning and had the overall effect of suggesting to the jury that “clusters” of behaviour support a finding of sexual abuse...", and that although the risk of the complainants' evidence being contaminated was traversed at the 1993 trial, the jury was not fairly informed of the level of risk.

Martensville satanic sex scandal

In 1992 a mother in the central Saskatchewan city of Martensville alleged that a local woman who had a babysitting service and day care facility in her home had sexually abused her child. Police began an investigation, resulting in a sudden increase of allegations. More than a dozen persons, including five police officers from two different forces, were ultimately charged with more than 100 charges associated with participating with a Satanic cult named The Brotherhood of The Ram, which allegedly practiced ritualized sexual abuse of numerous children at a "Devil Church".

The son of the day-care owner was tried and found guilty, then a Royal Canadian Mounted Police task force assumed control of the investigation. It concluded the original investigation was motivated by "emotional hysteria". During 2003, defendants sued for wrongful prosecution. In 2004, Richard and Kari Klassen received $100,000 each, out of the $1.5 million compensation awarded for the malicious prosecution.

Second Constitutional Convention of the United States

The calling of a Second Constitutional Convention of the United States is a proposal made by some academics and activists from across the political spectrum for the purpose of making substantive reforms to the federal government of the United States by rewriting the U.S. Constitution.

Background

Since the initial 1787–88 debate over ratification of the Constitution, there have been sporadic calls for the convening of a second convention to modify and correct perceived shortcomings in the Federal system it established. Article V of the Constitution provides two methods for amending the nation's frame of government. The first method authorizes Congress, "whenever two-thirds of both houses shall deem it necessary" to propose constitutional amendments. The second method requires Congress, "on the application of the legislatures of two-thirds of the several states" (presently 34), to "call a Convention of States for proposing amendments".

In 1943, Alexander Hehmeyer, a lawyer for Chicago-based Marshall Field's department store as well as Time Inc., wrote A Time for Change (Farrar & Rinehart), in which he proposed a second Constitutional Convention to streamline the federal government. In the late 1960s, Illinois Senator Everett Dirksen called for a constitutional convention by appealing to state legislatures to summon one.

Three times in the 20th century, concerted efforts were undertaken by proponents of particular issues to secure the number of applications necessary to summon an Article V Convention. These included conventions to consider amendments to provide for popular election of U.S. Senators, permit the states to include factors other than equality of population in drawing state legislative district boundaries, and to propose an amendment requiring the U.S. budget to be balanced under most circumstances. The campaign for a popularly elected Senate is frequently credited with "prodding" the Senate to join the House of Representatives in proposing what became the Seventeenth Amendment to the states in 1912, while the latter two campaigns came very close to meeting the two-thirds threshold in the 1960s and 1980s, respectively. In 2013, the number of states calling for a convention to consider a balanced budget amendment was believed to be either 33 or 20, and the tally may depend on rulings about whether past state applications have been rescinded. In 1983, Missouri applied; in 2013, Ohio applied.

In January 1975, Congressman Jerry Pettis, a Republican from California, introduced a concurrent resolution (94th H.Con.Res.28) calling a convention to propose amendments to the Constitution. In it, Pettis proposed that each state would be entitled to send as many delegates to the convention as it had Senators and Representatives in Congress and that such delegates would be selected in the manner designated by the legislature of each state. On August 5, 1977, Representative Norman F. Lent, Republican from New York, introduced a similar concurrent resolution (95th H.Con.Res.340). Both were referred to the House Judiciary Committee. No further action on either was taken.

A report in the Pittsburgh Post-Gazette in 2011 described the movement for a convention as gaining "traction" in public debate, and wrote that "concern over a seemingly dysfunctional climate in Washington and issues ranging from the national debt to the overwhelming influence of money in politics have spawned calls for fundamental change in the document that guides the nation's government."[2] For several years, state lawmakers approved no Article V Convention calls at all, and even went so far as to adopt resolutions rescinding their prior such calls. However, in 2011, legislators in Alabama, Louisiana, and North Dakota (in two instances) approved resolutions applying for an Article V Convention. All three of these states had adopted rescissions in 1988, 1990, and 2001, respectively, but then reversed course in 2011. The same was true in 2012 with New Hampshire lawmakers who had adopted a resolution to rescind previous convention applications as recently as 2010.

Columnist William Safire

A report by analyst David Gergen on CNN suggested that despite serious differences between left-leaning "Occupy" movements and the right-leaning "Tea Party" movements, there was considerable agreement on both sides that money plays "far too large a role in politics." Scholars such as Richard Labunski, Sanford Levinson, Lawrence Lessig, Glenn Reynolds, Larry Sabato, and newspaper columnist William Safire have called for constitutional changes that would curb the dominant role of money in politics. Scholar Stein Ringen in his book Nation of Devils suggested that only a "total overhaul" of the constitution could fix the "years of accumulated damage and dysfunction," according to a report in the Economist in 2013. French journalist Jean-Philippe Immarigeon suggested in Harper's Magazine that the "nearly 230-year-old constitution stretched past the limits of its usefulness". A 2011 report in USA Today suggested that 17 of the required 34 states had petitioned Congress by then for a convention to deal with the issue of a balanced budget amendment. A report on CNN suggested that 30 state legislatures are considering resolutions either calling for a constitutional convention or else proposing changes to the Constitution. David O. Stewart suggested that possible topics for constitutional amendments might include the elimination of the electoral college and switching to direct election of the president, a ban on procedures in the United States Senate which utilize a supermajority vote requirement as a means to prevent minorities or powerful Senators from blocking legislation, term limits for Senators and Representatives, and a balanced budget amendment.

Convention of States

Convention of States map
  (19) Passed Convention of States Resolution
  (6) Passed One Chamber
  (15) Active Legislation
  (11) No Action

A Convention of States is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: two thirds of the State legislatures (that is, 34 of the 50) may call a convention to propose amendments, which become law only after ratification by three-fourths (38) of the states. The Article V convention method by States has never been used.

Questions

Numerous questions surround the issue of how such an unprecedented convention might be conducted. There is no consensus on how such a convention may be organized, led, or who may be selected to be in such a body.

Because there has not been a constitutional convention since 1787, efforts have been clouded by unresolved legal questions: Do the calls for a convention have to happen at the same time? Can a convention be limited to just one topic? What if Congress simply refuses to call a convention? Scholars are split on all those issues.

— report in the Indianapolis Star, 2011

Precedent

While there is no precedent for such a convention, scholars have noted that the original 1787 Convention, itself, was the first precedent, as it had only been authorized to amend the Articles of Confederation, not to draw up an entirely new frame of government. According to The New York Times, the action by the Founding Fathers set up a precedent that could be used today. But, since 1787, there has not been an overall constitutional convention. Instead, each time the amendment process has been initiated since 1789, it has been initiated by Congress. All 33 amendments submitted to the states for ratification originated there. The convention option, which Alexander Hamilton (writing in The Federalist No. 85) believed would serve as a barrier "against the encroachments of the national authority", has yet to be successfully invoked, although not for lack of activity in the states.

Scope of a possible convention

There have been calls for a second convention based on a single issue such as the Balanced Budget Amendment. According to one count, 17 of 34 states have petitioned Congress for a "convention to propose a balanced budget amendment." But Congress has been reluctant to "impose limitations on its spending and borrowing and taxing powers", according to anti-tax activist David Biddulph. Law professor Michael Stokes Paulsen suggested that such a convention would have the "power to propose anything it sees fit" and that calls for a convention to focus on only one issue "may not be valid", according to this view. According to Paulsen's count, 33 states have called for a general convention, although some of these calls have been pending "since the 19th century."

According to a New York Times report, different groups would be nervous that a convention summoned to address only one issue might propose a wholesale revision of the entire Constitution, possibly limiting "provisions they hold dear." Such groups include the American Civil Liberties Union, the John Birch Society, the National Organization for Women, the Gun Owners Clubs of America and conservative advocate Phyllis Schlafly. Accordingly, they are opposed to the idea of a second convention. Lawrence Lessig countered that the requirement of having 38 states ratify any proposed revision—three-quarters of all state legislatures—meant that any extreme proposals would be blocked, since either 13 red or 13 blue states could block such a measure.

Language

Constitutional law scholar Laurence Tribe noted that the language in the current Constitution about how to implement a second one is "dangerously vague", and that there is a possibility that the same interests that have corrupted Washington's politics may have a hand in efforts to rewrite it. Politicians and scholars who are reluctant to have a second constitutional convention may insist that all 34 state petitions to Congress must have an identical wording or otherwise the petitions would be considered invalid.

Particular views

Lawrence Lessig

Harvard Law School professor Lawrence Lessig has argued that a movement to urge state legislatures to call for a Constitutional Convention was the best possibility to achieve substantive reform:

But somebody at the convention said that "what if Congress is the problem—what do we do then?" So they set up an alternative path ... that states can call on Congress to call a Convention. The convention, then, proposes the amendments, and those amendments have to pass by three fourths of the states. So, either way, thirty eight states have to ratify an amendment, but the sources of those amendments are different. One is inside, one is outside.

— Lawrence Lessig, 2011.

Lessig argued that the ordinary means of politics were not feasible to solve the problem affecting the United States government because the incentives corrupting politicians are so powerful. Lessig believes a convention is needed in view of Supreme Court decisions to eliminate most limits on campaign contributions. He quoted congressperson Jim Cooper from Tennessee who remarked that Congress had become a "Farm League for K Street" in the sense that congresspersons were focused on lucrative careers as lobbyists after serving in the Congress, and not on serving the public interest. He proposed that such a convention be constrained by the decisions of state-based "citizen assemblies," assemblies composed of a random and representative selection of citizens, as a way to keep special interests out of the process.

Sanford Levinson

Constitutional scholar and University of Texas Law School professor Sanford Levinson wrote Our Undemocratic Constitution: Where the Constitution Goes Wrong and called for a "wholesale revision of our nation's founding document." Levinson wrote:

We ought to think about it almost literally every day, and then ask, 'Well, to what extent is government organized to realize the noble visions of the preamble?' That the preamble begins, 'We the people.' It's a notion of a people that can engage in self-determination.

— Sanford Levinson, 2006

Tennessee law professor Glenn Reynolds, in a keynote speech at Harvard Law School, said the movement for a new convention was a reflection of having in many ways "the worst political class in our country's history."

Political scientist Larry Sabato believes a second convention is necessary since "piecemeal amendments" have not been working. Sabato argued that America needs a "grand meeting of clever and high-minded people to draw up a new, improved constitution better suited to the 21st century."

Author Scott Turow sees risks with a possible convention but believes it may be the only possible way to undo how campaign money has undermined the "one-man one-vote" premise.

Few new constitutions are modeled along the lines of the U.S. one, according to a study by David Law of Washington University in St. Louis. Supreme Court Justice Ruth Bader Ginsburg viewed the United States Constitution as more of a relic of the 18th century rather than as a model for new constitutions. She suggested in 2012 that a nation seeking a new constitution might find a better model by examining the Constitution of South Africa (1997), the Canadian Charter of Rights and Freedoms (1982) and the European Convention on Human Rights (1950).

I would not look to the United States Constitution if I were drafting a constitution in the year 2012.

Agricultural education

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