Does Marijuana Possession Equal Child Neglect?

According to a recent NewYork Times article, many New York parents who have been caught with marijuana or who have admitted using it have found themselves charged with child neglect and have even, in some cases, lost custody of their children.  In many of these cases, the amounts of marijuana in question have been too small to bring even misdemeanor charges against the parents for possession.  Nevertheless, the parents have been deemed neglectful and their children have been removed by child protective services, which have placed the kids in foster care for days, weeks or months.

These cases illustrate one of the most difficult problems in child protection law: how do we define what is “good enough” parenting, and what is child abuse or child neglect?

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Why Confess?

Why do suspects confess to the police? Researchers Allison Redlich, Richard Kulish, and Henry Steadman set out to answer this question by interviewing 65 jail inmates who had confessed, slightly more than half of whom claimed to have falsely confessed. The results are reported in their new article “Comparing True and False Confessions Among Persons With Serious Mental Illness,” 17 Psych., Pub. Pol’y, & L. 394 (2011). As the title indicates, the researchers were particularly interested in individuals with serious mental illness, which is a group that has been identified in the literature as especially likely to confess.

What I found most intriguing about the results was the importance of “internal pressure” as a motivation for confessing. This refers to feelings of guilt about the crime, a desire to “get it off one’s chest,” and a belief in the importance of honesty. Among the “true confessors,” guilt/honesty-type answers were the most common when the interviewer asked the open-ended question, “Tell me in your own words, why you confessed?” (403) (Not surprisingly, almost none of the ”false confessors” cited such reasons.) By contrast, “external pressure” (e.g., bullying by the police) was rarely cited by either true or false confessors. (The most common reason given for false confessions was a desire to protect someone else.)

Similarly, when subjects were asked to rate various suggested motivations on a seven-point scale (1 was “not at all” a reason to confess, and 7 was “very much so”), the true confessors rated guilty feelings as among the more important, with an average score of 3.52. (407) 

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Baseball Hall of Fame Dedicates Selig Center for Archives of MLB Commissioners

On August 17th, the National Baseball Hall of Fame and Museum in Cooperstown, New York, dedicated the Allan H. “Bud” Selig Center for the Archives of Major League Baseball Commissioners. Commissioner Selig is a member of the Law School’s adjunct faculty, holding the title of Distinguished Lecturer in Sports Law and Policy; he and I co-teach Professional Sports Law. Considering the many things he has done to advance the game of baseball during his nineteen-year tenure as commissioner (both interim and permanent) and as the owner of the Milwaukee Brewers for more than three decades, I believe this is a very appropriate and well deserved tribute to Commissioner Selig.

“The Selig Center for the Archives of Major League Baseball Commissioners will ensure a permanent home for the documentation and preservation of the Office of the Commissioner’s contributions to baseball history,” said Jane Forbes Clark, Chairman of the National Baseball Hall of Fame and Museum’s Board of Directors. “This archive will provide a central location for the study and research of the importance of the Office of the Commissioner, and its role in shaping and advancing the National Pastime for nearly a century.”

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