[Refers to 121 children taken into care in Cleveland due to suspected abuse (1987) and later returned to their parents]Sue Richardson, the child abuse consultant at the heart of the crisis, watched as cases began to unravel: “All the focus started to fall on the medical findings; other supportive evidence, mainly which we held in the social services department, started to be screened out. A situation developed where the cases either were proven or fell on the basis of medical evidence alone. Other evidence that was available to the court, very often then, never got put. We would have had statement from the child, the social workers and the child psychologist’s evidence from interviewing. We would have evidence of prior concerns, either from social workers or teachers, about the child’s behaviour or other symptoms that they might have been showing, which were completely aside from the medical findings. (Channel 4 1997) Ten years after the Cleveland crisis, Sue Richardson was adamant that evidence relating to children’s safety was not presented to the courts which subsequently returned those children to their parents: “I am saying that very clearly. In some cases, evidence was not put in the court. In other cases, agreements were made between lawyers not to put the case to the court at all, particularly as the crisis developed. Latterly, that children were sent home subject to informal agreements or agreements between lawyers. The cases never even got as far as the court. (Channel 4, 1997)”Nor is Richardson alone. Jayne Wynne, one of the Leeds paediatricians who had pioneered the use of RAD as an indicator of sexual abuse and who subsequently had detailed knowledge of many of the Cleveland children, remains concerned by the haphazard approach of the courts to their protection. I think the implication is that the children were left unprotected. The children who were being abused unfortunately returned to homes and the abuse may well have been ongoing. (Channel 4 1997)
But nothing in my previous work had prepared me for the experience of reinvestigating Cleveland. It is worth — given the passage of time — recalling the basic architecture of the Crisis: 121 children from many different and largely unrelated families had been taken into the care of Cleveland County Council in the three short months of the summer of 1987. (p18)The key to resolving the puzzle of Cleveland was the children. What had actually happened to them? Had they been abused - or had the paediatricians and social workers (as public opinion held) been over-zealous and plain wrong? Curiously — particularly given its high profile, year-long sittings and £5 million cost — this was the one central issue never addressed by the Butler-Sloss judicial testimony and sifting of internal evidence, the inquiry's remit did not require it to answer the main question. Ten years after the crisis, my colleagues and I set about reconstructing the records of the 121 children at its heart to determine exactly what had happened to them... (p19)Eventually, though, we did assemble the data given to the Butler-Sloss Inquiry. This divided into two categories: the confidential material, presented in camera, and the transcripts of public sessions of the hearings. Putting the two together we assembled our own database on the children each identified only by the code-letters assigned to them by Butler-Sloss. When it was finished, this database told a startlingly different story from the public myth. In every case there was some prima fade evidence to suggest the possibility of abuse. Far from the media fiction of parents taking their children to Middlesbrough General Hospital for a tummy ache or a sore thumb and suddenly being presented with a diagnosis of child sexual abuse, the true story was of families known to social services for months or years, histories of physical and sexual abuse of siblings and of prior discussions with parents about these concerns. In several of the cases the children themselves had made detailed disclosures of abuse; many of the pre-verbal children displayed severe emotional or behavioural symptoms consistent with sexual abuse. There were even some families in which a convicted sex offender had moved in with mother and children. (p20)
Suppose that members of a religious movement, such as Christianity, maintain that the existence of some powerful god and its goals or laws can be known through their scriptures, their prophets, or some special revelation. Suppose further that the evidence that is available to support the reliability of those scriptures, prophets, or special revelations is weaker than that God is hypothetically capable of producing. That is, suppose that Christians maintain that Jesus was resurrected on the basis of the Gospels, or that God’s existence can be known through the Bible, or Muslims insist on the historical authenticity of the Koran. Could God, the almighty creator of the universe, have brought it about so that the evidence in favor of the resurrection, the Bible, or the Koran was better than we currently find it? I take it that the answer is obviously yes. Even if you think there is evidence that is sufficient to prove the resurrection, a reasonable person must also acknowledge that it could have been better. And there’s the problem. If the capacity of that god is greater than the effectiveness or quality of those scriptures, prophets, or special revelations, then the story they are telling contradicts itself. 'We know our god is real on the basis of evidence that is inadequate for our god.' Or, 'The grounds that lead us to believe in our god are inconsistent with the god we accept; nevertheless, we believe in this god that would have given us greater evidence if it had wished for us to believe in it.'Given the disparity between the gods that these religious movements portend and the grounds offered to justify them, the atheist is warranted in dismissing such claims. If the sort of divine being that they promote were real and if he had sought our believe on the basis of the evidence, the evidential situation would not resemble the one we are in. The story doesn’t make internal sense. A far better explanation is that their enthusiasm for believing in a god has led them to overstate what the evidence shows. And that same enthusiasm has made it difficult for them to see that an all powerful God would have the power to make his existence utterly obvious and undeniable. Since it’s not, the non-believer can’t possibly be faulted for failing to believe.
A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence.