Category Archives: Abuse of Power

January 4, 2015 · 1:00 am

The Dysfunctional Lawyer, Part 2

“A Bailiff and An Attorney – A Match for the Devil” (1760), Source Library of Congress, British Cartoon Prints Collection (Digital ID cph. 3c05267)

“The first thing we do, let’s kill all the lawyers.”

–  Dick the Butcher, from Shakespeare’s Henry VI

Despite the large number of lawyer jokes, most lawyers are not dysfunctional human beings.

We articulate and guard the rights of our clients in a non-violent arena, i.e. the courtroom, in which confrontation takes the place of combat.

And we are ethically bound to put the client’s interests before our own. That requires us, among other things, to decline (or withdraw from) cases where some mental or physical condition on our part would materially impair our ability to represent the client.

The Dysfunctional Lawyer

Regrettably, the legal profession is not free of dysfunctional individuals. Abuse victims may be especially vulnerable to such individuals, and should be on the lookout for these characteristics.

A. The Large Ego

Deservedly or not, lawyers are regularly praised by those who want something from them. That stroking can produce an enlarged ego. But a sense of self-importance is not an indication of real ability on a lawyer’s part.

The lawyer with a large ego may be entirely competent. However, s/he is likely to be difficult for clients to deal with (reinforcing the supplicant role abuse victims are seeking to escape).

Large egos are, also, fragile. They must be propped up. Alcohol and drug abuse are not unknown among lawyers. These obviously interfere with judgment. The state bar will know whether a lawyer’s license has ever been suspended or revoked.

B. Entitlement

A large ego can lead to a sense of entitlement. More than a character flaw, the sense of entitlement may cause a lawyer to rationalize the misuse of client funds to support a lavish lifestyle.

Alternatively, a sense of entitlement can be used to “justify” the initiation of a sexual relationship with an emotionally fragile client. Continue reading →

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December 28, 2014 · 1:00 am

The Dysfunctional Lawyer, Part 1

“The Cry of Justice” by Frank Varley
Auckland Punch Magazine (1868)

“‘Let us choose justice for ourselves…'” (Job 34: 4).

It takes great courage to flee an abusive relationship, and confront an abuser.

While criminal matters are generally handled through the District Attorney’s Office on the state level and the US Attorney’s Office on the federal level, abuse victims seeking divorce or money damages for their pain and suffering will need to pursue civil litigation.

Civil lawyers can be found who specialize in victims’ rights following rape, child abuse, domestic abuse, elder abuse, clergy abuse, and sexual harassment.

A good lawyer can help restore the abuse victim’s life. A dysfunctional lawyer (or a dysfunctional relationship with an otherwise good lawyer) can delay the process, undermining an abuse victim’s already tenuous confidence.

Abuse Victims as Clients

Abuse victims deserve a dedicated advocate: someone whose honesty is above reproach, who will be diligent in pursuing their case, who will communicate on all critical matters, and whose legal judgment can be relied upon as sound.

Fortunately, there are many lawyers meeting these criteria.

A. Cost

Cost is likely to be the first criteria abuse victims consider, in choosing a lawyer.

Personal injury litigation is usually taken on a contingency basis, for a percentage of the ultimate recovery. What that percentage can be differs somewhat from state to state. Thirty percent for the lawyer is typical.

The legal fees in other types of cases, for example divorce or bankruptcy, are usually calculated on an hourly basis. This can be a challenge for abuse victims, who may not have much in the way of funds.

Legal aid is available across the country, but the types of civil cases covered will vary. Abuse victims should check with their local offices.

Victims organizations like WomensLaw.org and RAINN (Rape, Abuse, & Incest National Network) can be a good source of information. Most bar associations will, also, have referral services with lists of lawyers in various specialties. Often an initial consultation will be free or at a reduced rate.

B. Credentials

Thousands upon thousands of lawyers advertise, online and elsewhere. Whatever claims may be made in ads, victims should remember that lawyers are not superhuman, and that a verdict awarding money damages in their favor (particularly a large amount) is not guaranteed.

Since a lawyer can be instrumental in improving a client’s circumstances, the lawyer’s credentials should be carefully scrutinized, in the same way one might review the credentials of a physician.

Abuse victims will find lawyer ratings available online, but should not rely exclusively on these. Many fine lawyers are never rated. The recommendation of a friend can be as valuable.

C. Questions

For their own well-being, abuse victims should speak up. Continue reading →

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November 23, 2014 · 1:00 am

Cubs

ISIS is recruiting and training child soldiers it proudly calls “Cubs of the Islamic State” [1].

The recruitment and use of children as soldiers is a war crime, though not without precedent. Children – often forcibly conscripted – have acted as soldiers in India, Chad, the Democratic Republic of the Congo, Uganda, Sierra Leone, Thailand, and Myanmar [2].

In Sierra Leone, boys between the ages of 7 and 14 served in the Small Boys Unit. Some 10,000 are thought to have taken part, in that nation’s civil war from 1991-2002 [3]. These children were involved in rape, mutilation, sexual slavery, murder, and other forms of human rights abuses.

Over 30,000 children have taken part in the decades long conflict in Uganda, a substantial number of these actually abducted [4]. Young girls are subject to sexual violence, or required to serve as “wives” of the rebels and have their children.

And now ISIS.

Boys are taught how to use AK-47s and mercilessly behead captives. An Iraqi security official was quoted by NBC News as saying, “They use dolls to teach them how to behead people, then they make them watch a beheading, and sometimes they force them to carry the heads in order to cast the fear away from their hearts.”

Some children are used by ISIS as suicide bombers; others, as human shields. They are, also, indoctrinated in Shariah law. “It’s being done for the same reasons that Hitler had the Hitler Youth,” stated Charlie Winter of the Quilliam Foundation.

Brainwashing these children is a long-term strategy to assure ISIS’ continued existence. “They have to get used to hearing the sounds of explosions and machine guns and missiles and artillery and aircraft,” Abu Dujana explained. “They should get used to seeing blood,” the ISIS fighter said.

Americans can expect to see more blood, as well.

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[1] NBC News, “ISIS Trains Child Soldiers at Camps for ‘Cubs of the Islamic State’ ” by Cassandra Vinograd, Ghazi Balkiz and Ammar Cheikh Omar, 11/7/14, http://www.nbcnews.com/storyline/isis-terror/isis-trains-child-soldiers-camps-cubs-islamic-state-n241821.

[2] Child Soldiers International, http://www.child-soldiers.org/.

[3] Human Rights Watch, “Sierra Leone Rebels Forcefully Recruit Child Soldiers”, 6/1/00, http://www.hrw.org/news/2000/05/31/sierra-leone-rebels-forcefully-recruit-child-soldiers.

[4] UN.org, Ten Stories the World Should Hear More About, “Uganda: Child Soldiers at Centre of Mounting Humanitarian Crisis”, http://www.un.org/events/tenstories/06/story.asp?storyID=100.

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November 16, 2014 · 1:00 am

Frozen

The Disney animated film “Frozen” has become enormously popular. Rather than telling yet another tale of how a girl finds her prince, the film tells the story of two sisters whose love for each other saves them and their world.

Child abuse victims, too, run the risk of being frozen.

It is not difficult to find stories about abuse in the news. Incest. Child pornography and exploitation. A child tortured to death. A group of children held captive; handicapped children tormented. Systemic abuse with the collusion of law enforcement or the church. The rare monetary judgment against a predator, more often than not unenforceable for lack of funds. Take your pick.

No Disney villain can compete.

The children robbed of their innocence and peace of mind – sometimes their lives – deserve to have their stories told. But as survivors we cannot focus exclusively on this darkness or we will succumb to it. Isolated, immobilized by despair. Frozen.

There is hope in the world. There are those who consider these violations among the worst harm human beings can inflict. There is love waiting to be found. Reach out for your share.

Darkness cannot withstand Light.  It was to conquer darkness that Jesus Christ came into our world.

“In him was life, and that life was the light of all mankind. The light shines in the darkness, and the darkness has not overcome it” (John 1: 4-5 NIV).

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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November 2, 2014 · 1:00 am

Legacy

As abuse victims, we choose various means of expressing our pain, and seeking comfort for it.  The one thing victims should not do is attack one another for those choices.

Perhaps the most divisive issue for abuse victims is forgiveness.  Many victims view forgiveness as impossible, and forgiveness by other victims of their own abusers as a betrayal.

But forgiveness is, first and foremost, the decision by an abuse victim not to center his or her life wholly on the violation [1].

Forgiveness does NOT imply approval of the violation. Forgiven or not, the abuser should, if at all possible, be held accountable for the criminal act(s) of which s/he is guilty.  That may involve imprisonment, chemical castration, and lifelong monitoring to prevent a recurrence.

Whatever we do, we cannot fully balance the scales once a child has been violated [2].  In most cases, the child must deal with the scars of abuse for a lifetime.  For that very reason, the decision by a victim whether or not to forgive his or her abuser is entirely personal, not subject to a general critique, even by other victims [3]. Continue reading →

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October 26, 2014 · 1:00 am

Witchcraft: Accusing the Innocent

Reports from England and Africa indicate that children are being accused of witchcraft and demonic possession by African fundamentalist Christian groups [1]. Christian beliefs have apparently been corrupted by the African tribal practices with which they are in direct odds.

Cases involving Hinduism and Islam, have, also, surfaced.

Motivated by greed and a desire for power, exorcists prey on the insecurities of others, charging exorbitant fees for their services. Families can, also, use accusations of witchcraft to dispose of an unwanted child without appearing at fault, themselves.

Complaints as vague as bed wetting, rough play between siblings, and trouble in the parents’ marriage may be considered “evidence” against a child.

Children can be starved, beaten, burned, and otherwise tortured (sometimes to death), in the effort to reclaim their souls. If the process is not considered successful, children may be abandoned to the streets. Estimates are that over 20,000 children, teens, and young adults in Kinshasa, Congo alone are homeless, as a result.

Until now such cases have not received much attention, leaving these children little recourse and less hope.
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[1] NBC News, “Reports of Witchcraft-Related Child Abuse on the Rise in London” by Alexander Smith, 10/11/14, http://www.nbcnews.com/news/world/reports-witchcraft-related-child-abuse-rise-london-n222781.

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October 12, 2014 · 1:00 am

Love and Betrayal

A South Carolina man killed his 5 young children this summer [1][2]. Whatever his state of mind at the time, Timothy Ray Jones, Jr. managed to drive across several states in order to dispose of the bodies.

Social workers had visited the engineer’s home a dozen times in the last three years without removing the children. Aged one through eight, the children seemed happy and normal, though their father appeared overwhelmed by the challenge of raising them alone. Jones and his wife are divorced.

Heartbreaking photos of the three boys and two girls appeared in the press. They were smiling.

Meanwhile, the FBI opened an investigation into the abuse of deaf and autistic children at NDA Behavioral Health a/k/a the National Deaf Academy, a 22 acre residential school in Florida licensed for 60 adult and 72 child patients [3]. Patients (some dually diagnosed) have reported physical and sexual abuse, and neglect. Three patients have died under allegedly negligent circumstances since 2009.

Between 2008 and 2013, there were over 500 calls to police ranging from abuse to runaways. Experts consider this figure high. Continue reading →

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June 22, 2014 · 1:00 am

Focus

Reports have been made of abuse by priests, abuse in residential boys’ schools, abuse in church-operated Magdalene laundries, abuse by pediatricians, abuse by police, abuse by politicians shielded by police, abuse by the committees formed to investigate abuse.  The list goes on and on.

Abuse is widespread, generational; the number of victims, staggering.

It is essential that light be shed on this perverted behavior.  It is not necessarily wise, however, that victims focus on the reports of abuse. The sheer numbers can be overwhelming.

We have enough reminders of our brush with evil. The scars of abuse may include perfectionism (and the reaction to it, workaholism), anxiety, depression, sexual difficulties, and weight issues. These pose challenges to many of us on a daily basis. Continue reading →

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June 8, 2014 · 1:00 am

In Plain Sight

Earlier this year, Brian Fanelli, a 54 y.o. suburban police chief, was charged with distributing child pornography [1]. While the charges are being contested, the prosecutor indicates over 800 pages of evidence have been obtained, as well as several videos with sexually explicit images of underage girls.

Fanelli, who is married, is alleged to have confessed that he was first drawn to child pornography while doing research on sexual abuse. The former police chief at one time taught abuse awareness to children. Fanelli was initially suspended from his post. He has since resigned.

The lesson is one we have encountered before. Predators are not easily identified. They do not all wear dirty raincoats. Too often, they can be respected members of the community, hiding in plain sight…priests, police officers, politicians.

We must be vigilant in guarding our children, yet not give way to paranoia. Unfortunately, there is no formula for this.  All we can do is remain attentive to our children’s needs, and sensitive to changes in their behavior.  And love them.
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[1] CBS NEW YORK, “Former Mount Pleasant Police Chief Faces 10 Years on Child Porn Charges,” 5/20/14, http://newyork.cbslocal.com/2014/05/20/former-mount-pleasant-police-chief-faces-10-years-on-child-porn-charges/.

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June 1, 2014 · 1:00 am

Juvenile Justice

According to Mark Twain, “There are three kinds of lies:  lies, damned lies, and statistics.” To most of us, statistics are drier than dust. But numbers can be revealing.

• Earlier this year, the Coalition for the Homeless reported a record-high number of 53,000 homeless regularly spending the night in New York City shelters [1]. Nearly half are children. In March, conditions at two city shelters were found to be so horrific that 400 of these homeless children had to be removed for health and safety reasons.

• Using the “zero tolerance” policy toward school violence as a basis, then popular Pennsylvania judge, Mark Ciavarella, sentenced over 2000 high school students – some without benefit of counsel – to incarceration for offenses as insignificant as swearing at another student’s mother, and creating a false MySpace page. Once in the criminal system, some remained imprisoned for years. At least one committed suicide [2] [2A]. Continue reading →

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