All posts filed under: Law

Fabricated Innocence: The Self-Exoneration and Re-Incrimination of Jens Soering

One of the narrative paradigms in Kurt Vonnegut’s typology of stories is called “Man in a Hole”: Someone starts out doing pretty well at the beginning of a story, then plunges into a deep hole of misfortune, then scrambles out of it again. Jens Soering is that man in the hole. Soering’s promising life went off the rails at the age of 18, when the young German student at the University of Virginia began a love affair which culminated in the brutal double murder of Derek and Nancy Haysom, the parents of his girlfriend Elizabeth. That was act one. Act two involved an international flight from the law, hours of confessions, and a judicial decision which has shaped human rights law to this day. Act three begins with Soering’s conviction and sentencing to life in prison at a televised 1990 murder trial. The pace of the drama then slows for act four: Working from his prison cell, Soering patiently constructs, over decades, an alternate history of the love affair and murders, and convinces a dedicated …

An Alternative Feminist Perspective on Abortion

Having studied law and worked on the U.S. east coast for three years, I was well prepared for the long-delayed debate about abortion in my native country, Argentina, when it began in March 2018. However, it did not unfold as I expected. Abortion is a crime under Argentine law, except in cases of rape or life/health threatening pregnancies (See Section 86 of the Argentine Criminal Code). Nevertheless, in practice, there are significant differences in how abortion is treated across the country—in some jurisdictions, a woman may find it hard to undergo an abortion in those circumstances exempted by the Criminal Code, while in others, any woman asking for help with an unwanted pregnancy at a public hospital will be advised to declare that it was the result of non-consensual sex or to submit a doctor’s certificate stating that it threatens her mental or “social” health, thereby making her eligible for a free abortion provided by the state. In Argentina, the debate about abortion divides the population, so I expected the discussion to address its philosophical …

Convictions and Doubts: The Case of Cardinal Pell

On 9 January 2020, officials at the Melbourne Assessment Prison intercepted a drone flying over the prison grounds. Remotely piloted aircraft are banned within 120 metres of a correctional facility in the Australian state of Victoria to avoid the smuggling of contraband and other security breaches. This drone was not fitted with drugs or weapons or mobile phones but a camera its operator hoped would capture the prison’s highest profile inmate. That inmate was Cardinal George Pell, the most senior member of the Catholic Church ever convicted of child sex offences. Pell was moved to Barwon prison after the drone incident. Barwon houses Victoria’s most dangerous offenders, including serial killers Gregory Brazel and Paul (now Paula) Denyer, terrorist Abdul Nacer Benbrika and Barbaro ‘Ndrangheta crime clan leader Pasquale Barbaro. It was Barwon where the leader of a prison gang beat well-known Melbourne crime figure Carl Williams to death with a metal rod extracted from an exercise bike in 2011. From Ballarat to Barwon via Oxford and Rome Barwon is a mere one hour drive from …

Denial and Defamation: The ITN-LM Libel Trial Revisited (II)

PART TWO: THE TRIAL VI. The Standards of Western Journalism The trial eventually began at the High Courts of Justice in London on 28 February 2000. The defendants—recorded as Michael Hume, InformInc (LM) Ltd., and Helene Guldberg—arrived at court on the heels of a disappointing pre-trial hearing. The presiding judge, Mr. Justice Morland, had ruled the testimony of a number of key defence witnesses, including the BBC’s John Simpson, inadmissible. He was not interested in rehearsing the debates about the journalism of attachment or press freedom that had convulsed the chatterati for three years. The claimants—recorded as Independent Television News Ltd., Penny Marshall, and Ian Williams—held that Deichmann’s article, Hume’s accompanying editorial, and the first LM press release were all false and defamatory. Under Britain’s controversial libel law, the defendants were required to show that their contested claims about ITN’s reporting were true. Morland simply wanted to establish if that was the case. The defence’s priority was to establish the location of the barbed wire fence at Trnopolje. This their lawyer Gavin Millar successfully accomplished …

Denial and Defamation: The ITN-LM Libel Trial Revisited (I)

PART ONE: THE CAMPS Intro: From Phnom Pehn to Srebrenica In 1977, Noam Chomsky and his co-author, the late Edward S. Herman, wrote an essay for the Nation entitled “Distortions at Fourth Hand,” in which they scorned reports that the Khmer Rouge were turning Cambodia into a charnel house. Stories of genocide, they suggested, were either exaggerated or fabricated outright by refugees, and any deaths—regrettable though they may be—were most likely the result of disease, starvation, and confusion caused by America’s devastating involvement in the foregoing civil war. The two books that bore the brunt of Herman and Chomsky’s disdain were John Barron and Anthony Paul’s Murder of a Gentle Land and François Ponchaud’s Cambodia Year Zero. Contemporaneous accounts from and about war zones are rarely correct in every particular. But Chomsky and Herman ignored everything Ponchaud and Barron-Paul got right, and seized upon isolated errors and inconsistencies to discredit their work in its entirety. Gareth Porter and George C. Hildebrand’s book Cambodia: Starvation and Revolution, on the other hand, they praised as “a carefully …

I Asked Thousands of Biologists When Life Begins. The Answer Wasn’t Popular

Shortly after being awarded my Ph.D. by the University of Chicago’s department of Comparative Human Development this year, I found myself in a minor media whirlwind. I was interviewed by The Daily Wire, The College Fix, and Breitbart. I appeared on national television and on a widely syndicated radio program. All of this interest had been prompted by a working paper associated with my dissertation, which was entitled Balancing Abortion Rights and Fetal Rights: A Mixed Methods Mediation of the U.S. Abortion Debate. As discussed in more detail below, I reported that both a majority of pro-choice Americans (53%) and a majority of pro-life Americans (54%) would support a comprehensive policy compromise that provides entitlements to pregnant women, improves the adoption process for parents, permits abortion in extreme circumstances, and restricts elective abortion after the first trimester. However, members of the media were mostly interested in my finding that 96% of the 5,577 biologists who responded to me affirmed the view that a human life begins at fertilization. It was the reporting of this view—that …

Male-Bodied Rapists Are Being Imprisoned With Women. Why Do so Few People Care?

In 2015, the British Association of Gender Identity Specialists (BAGIS) submitted a written brief to the Transgender Equality Inquiry, which had been undertaken by the UK Parliament’s Women and Equalities Committee, explaining why it was “naïve to suggest that “nobody would seek to pretend transsexual status in prison if this were not actually the case.” “There are, to those of us who actually interview the prisoners, in fact very many reasons why people might pretend this,” wrote Dr. James Barrett, the President of BAGIS. “These vary from the opportunity to have trips out of prison through to a desire for a transfer to the female estate (to the same prison as a co-defendant) through to the idea that a parole board will perceive somebody who is female as being less dangerous through to a [false] belief that hormone treatment will actually render one less dangerous through to wanting a special or protected status within the prison system and even (in one very well evidenced case that a highly concerned Prison Governor brought particularly to my …

Jeffrey Epstein and All the Others: An Explainer

Jeffrey Epstein is the model villain for this cultural moment. He stands at the nexus of three of our hottest flashpoints: male sexual assault, capitalism’s oligarchs’ greed, and corruption, and the vulnerability of children horribly mistreated in Manhattan townhouses and private Caribbean islands as well as along our Southern borders. So it’s understandable that a lot of people have looked at Epstein’s venality primarily through the lens of these contemporary themes—understandable, but myopic. Epstein’s crimes present an opportunity to consider larger historical, anthropological, cultural lessons about the seemingly endless, whack-a-mole reappearance of men with his obsessions. The truth is the attraction of older males to young females on the cusp of maturity is not so much the story of rich capitalist scumbags exercising droight du seigneur, as it is a universal urge for reproductive success likely grounded deep in our primitive brains. This is in by no means to excuse or forgive any grown men who seek sex with young girls. On the contrary. They violate one of the modern world’s key moral principles. And …

A Canadian Human Rights Spectacle Exposes the Risks of Unfettered Gender Self-ID

There’s an important category in logic known as reductio ad absurdum, according to which you contradict an argument by showing that its general application will produce absurd results. It has been in my mind over the past fortnight or so, as I’ve followed a human-rights tribunal in British Columbia, Canada, and watched it deal with complaints made by trans woman Jessica Yaniv (or “Jonathan Yaniv”: The person apparently goes by both names) against three aestheticians. When it comes to the notion that “gender identity”—the self-declared, subjective feeling of being a man or woman—can reasonably be taken to trump biological sex in law and daily life, Yaniv presents us with a reductio ad absurdum on two legs. For those who have not been following the case (which, oddly, has been covered by the international media, but mostly ignored by Canada’s own press), the details will sound unbelievable. Last year, Yaniv used social media to contact 16 female aestheticians in the Vancouver area, most working out of their own homes, who advertized Brazilian waxing—the removal of some …