COURTROOM PSYCHICS

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP96-00789R002600060016-1
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RIFPUB
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U
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1
Document Creation Date: 
November 4, 2016
Document Release Date: 
March 3, 2003
Sequence Number: 
16
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Publication Date: 
July 1, 1987
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BOOK
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UM N I JVL y 116 7 Approved For Release 2003/04/18 : CIA-RDP96-00789R002600060016-1 COURTROOM. PSYC CS FORUM Editors' Note: The judicial system in this country has been using the abilities of psychics with increasing regularity. The Honorable Howard E. Go/dfluss. acting justice of the Supreme Court. State of New York. comments on what appears to be a growing trend. Justice Goldfluss is a member of the New York State Tasx Force on Child Abuse and author of The Judgment. The highest priority of our judicial system should always be he quest for truth. Although it seems reasonable to assume that judges and juries mil be skeancal of the claims of the caranormal-ESP clairvoyance, psychokinesis, and the like- to everyone's surprise, no one is laugh- ing. Law enforcement agencies. juries, and judges are finally acknowledging that we don't have answers to the unexplain- able. It really shouldn't shock people that psychic phenomena have found a forum in the courts, requiring us to deal with novel and fascinating ideas. It I've learned anything as a sitting judge for 15 years and as a practicing lawyer for 24. it is that the law must have an open mind. Concepts not considered a generation ago are accepted today. Trial lawyers, for instance, have psychics sit at counsel tables during the jury selection process n an effort to determine if prospective jurors are telling the truth. Psychics claim that they can weed out undisclosed bias or prejudice. Sometime in the future the courts may have to decide the propriety of that procedure essential to the reaching of the verdict. There are other examples of psychic successes that even the most laced and skeptical would find difficult-il not impossible-to ignore. Greta Alexander of Delavon. Illinois, calls herself a parapsy- chologist. She claims she acquired her psychic powers 26 years ago, after being struck by lightning. I know the normal reaction to such a claim: a wink and a finger moving counterclockwise around the ear, signifying that the woman is playing with less than a full deck. But in 1977 she pinpointed the missing bodies of a three-year-old boy and a twenty-one-year-old man who drowned in separate nc-idents in Iowa. Those discov- eries were documented as authentic. In 1983 she again gave the police infor- mation that led a team of 22 police and civilians volunteers to a wooded area near Peoria, Illinois. At the designated site. they found the skeletal remains of a woman who had been missing for a month. Alexander had given the police a number of specific details about the missing woman: The head would be detached from the body (confirmed). the remains would be near a bridge (confirmed); a salt or rock pile would be close by (confirmed). Police agencies throughout the country now routinely consult Alexander. No one doubts her sanity or believes she is a charlatan. There is strong evidence that the public is growing more tolerant at psychic phenomena. Noreen Reiner, a sell- oroclairned psychic in Medford 0 to privacy. Assume, says Ronald J. Allen, professor at Northwestern University School of Law, that a suspect is given his Miranda rights and consents to waive the presence of a lawyer. He answers questions put to him by the police. Assume further that the police arrange to have a psychic present during the questioning. Could his statement be stricken because it was coerced? Allen believes this is a strong poss bi ity. '1f the police have reason to believe the suspect is susceptible to that interrogation method and use it to break down his will, there could be a Fifth Amendment claim,' Allen says. California criminal lawyer Harold Weitz- man is concerned with the conse- quences of the mind-probing abilities of psychics. A Person in Custody has the constitutional right to remain silent. But if his thoughts are -read" and transmitted to the police, has he then been deprived of a reasonable expectation of privacy? "1 just don't believe it's possible.- says Weitzman, "but if psychics can do what they say. it would be the height of a Fourth Amendment violation. If there's any place you have a reasonable expectation of privacy. it's in your mind." For the present these questions are debatable. Acceptance of psychic phenomena has not reached the point where facing such legal problems is inarninent. But we will have to deal with them in #3e future. Evidence is always a matter of degree. Loose ends prevail in the courtroom. Certainty is a rare cortxnodity. Psychics do mat solve crimes. nor do they rest a ftwsufts. But if they contribute in any way to the discovery of the truth, then they can't be ignored. Those of us who participate in the judicial system must be concerned with the discovery of truth as our prime objec. five. The value of psychic assistance in finding the truth has yet to be determined. Some psychics will turn out to be frauds; some will be legitimate. We will not be able to judge them until we listen to what they have to say. If justice is to be served. we should not be deterred by our inability to explain how such a noble purpose is accomplished.00 Acceptance of psychics in the American is a case in point. She took umbrage at courtroom has been gradual. The first an assertion by John D. Merrill, cofounder major publicized case occurred in 1975, of Northwest Skeptics, that she was a when ESP was used in a trial. Joan uttfe, fraud. She sued for libel. At the trial she an inmate in a Raleigh, North Carolina, testified that she instructed police trainees jail. fatally stabbed a prison guard. She throughout the nation on the value of claimed he had tried to rape her. Jerry psychic intervention in crime investigation. Paul. her chief defense counsel. wanted That fact was not lost on the jury, which to know at the outset where a potential awarded $25.000 to Reiner and in so juror's sympathy would lie. He employed doing gave lair warning to all defamers Psychic Richard Wolf to consult with similarly inclined that they had better him in jury selection. After Chris's acquittal, be prepared with the facts. Paul said. "Wall wasn't one hundred Intervention by psychics will raise percent correct. but he was more often vexing but intriguing legal problems, right than wrong." Paul saw Wolf's role as including issues of coercion and the right 12 OMNI Approved For Release 2003/04/18 : CIA-RDP96-00789R002600060016-1