http://ritualabuse.us/research/parental-alienation-syndrome/
This article analyzes every precedent-bearing decision and law review article referencing PAS in the past twenty years, finding that precedent holds PAS inadmissible and the majority of legal scholarship views it negatively.”
“PAS as developed and purveyed by Richard Gardner has neither a logical nor a scientific basis. It is rejected by responsible social scientists and lacks solid grounding in psychological theory or research.”
“Both Gardner (PAS’s originator) and NAMBLA claim that adult-child sex is biologically natural, not inherently harmful to the child, and that any resultant harm is caused by social stigma rather than the sexual contact itself.”
“While Gardner claimed that “repeat offenders must be removed from society,” he advocated that they only be imprisoned after treatment has failed, advocating that they not be imprisoned with “hardened criminals,” or be subjected to lengthy sentences. As a political advocate, Gardner lobbied to abolish mandated reporting of child abuse, to abolish immunity for reporters of child abuse, and for the creation of federally funded programs to assist individuals claiming to be falsely accused.”
The Evidentiary Admissibility of Parental Alienation Syndrome: Science, Law, and Policy Jennifer Hoult – Children’s Legal Rights Journal, Vol. 26, No. 1, 2006 Abstract: Since 1985, in jurisdictions all over the United States, fathers have been awarded sole custody of their children based on claims that mothers alienated these children due to a pathological medical syndrome called Parental Alienation Syndrome (“PAS”). Given that some such cases have involved stark outcomes, including murder and suicide, PAS’s admissibility in U.S. courts deserves scrutiny. This article presents the first comprehensive analysis of the science, law, and policy issues involved in PAS’s evidentiary admissibility. As a novel scientific theory, PAS’s admissibility is governed by a variety of evidentiary gatekeeping standards that seek to protect legal fora from the influence of pseudo-science. This article analyzes every precedent-bearing decision and law review article referencing PAS in the past twenty years, finding that precedent holds PAS inadmissible and the majority of legal scholarship views it negatively. The article further analyzes PAS’s admissibility under the standards defined in Frye v. United States, Daubert v. Merrell Dow Pharmaceuticals, Kumho Tire Company v. Carmichael, and Rules 702 and 704(b) of the Federal Rules of Evidence, including analysis of PAS’s scientific validity and reliability; concluding that PAS remains an ipse dixit and inadmissible under these standards. The article also analyzes the writings of PAS’s originator, child psychiatrist Richard Gardner – including twenty-three peer-reviewed articles and fifty legal decisions he cited in support of his claim that PAS is scientifically valid and legally admissible – finding that these materials support neither PAS’s existence, nor its legal admissibility. Finally, the article examines the policy issues raised by PAS’s admissibility through an analysis of PAS’s roots in Gardner’s theory of human sexuality, a theory that views adult-child sexual contact as benign and beneficial to the reproduction of the species.
http://ssrn.com/abstract=910267
paper available at : http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=642440
http://ritualabuse.us/research/parental-alienation-syndrome/
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