Beruflich Dokumente
Kultur Dokumente
“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.”
http://ssrn.com/abstract=910267
paper available at :
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=642440
from the paper : 1. American Precedent Holds PAS Inadmissible - Because unreliable
scientific claims pose a unique risk of undue influence and prejudice in the
courtroom, the evidentiary admissibility of novel scientific material is governed
by gate-keeping rules that are intended to ensure that such testimony meets
adequate standards of reliability. As a novel scientific theory, PAS’s
admissibility is governed by these gate-keeping rules. Gardner published the claim
that fifty American decisions set precedent holding PAS admissible under the
relevant evidentiary rules. A closer examination reveals this claim to be
unfounded; current U.S. precedent holds PAS inadmissible. By July 19, 2005, sixty-
four precedent bearing cases referenced PAS. Only two of these decisions, both
originating in criminal courts in New York State, set precedent on the issue of
PAS’s evidentiary admissibility; both held PAS inadmissible….
LOYOLA OF LOS ANGELES LAW REVIEW 29:1367-1415 (1994) THE PARENTAL ALIENATION
SYNDROME: A DANGEROUS AURA OF RELIABILITY Cheri L. Wood - PAS testimony should not
be admitted in court because of the causation and evidentiary problems with the
theory. Because of the dangerous aura of reliability and trustworthiness extant in
Dr. Gardner’s self- published theory, admission of PAS is inevitable and
particularly disconcerting. http://fact.on.ca/Info/pas/wood94.htm
Dr. Richard Gardner: A Review of His Theories and Opinions on Atypical Sexuality,
Pedophilia, and Treatment Issues by Stephanie J. Dallam, RN, MSN, FNP Reference:
Dallam, S. J. (1998). Treating Abuse Today, 8(1), 15-23.
http://www.leadershipcouncil.org/1/res/dallam/2.html
Faller, K. C. (1998). The parental alienation syndrome: What is it and what data
support it? Child Maltreatment, 3(2), 100-115 “No data are provided by Gardner to
support the existence of the syndrome and its proposed dynamics. In fact, the
research and clinical writing of other professionals leads to a conclusion that
some of its tenets are wrong and that other tenets represent a minority view” (p.
112). http://www.leadershipcouncil.org/docs/Faller1998.pdf
Parental Alienation Syndrome: What Professionals Need to Know Update - Volume 16,
Number 7, 2003 Part 2 of 2 By Hope Fields & Erika Rivera Ragland PAS is an
unproven theory that can threaten the integrity of the criminal justice system and
the safety of abused children. Prosecutors should educate themselves about PAS and
be prepared to argue against its admission in court. In cases where PAS testimony
is admitted, it is a prosecutor’s responsibility to educate the judge and jury
about the shortfalls of this theory. As more criminal courts refuse to admit PAS
evidence, more protection will be afforded to victims of sexual abuse in our court
system.
http://www.ndaa.org/publications/newsletters/update_volume_16_number_7_2003.html
RICHARD A. GARDNER: IN HIS OWN WORDS “At the present time, the sexually abused
child is generally considered to be the victim,” though the child may initiate
sexual encounters by ’seducing’ the adult.” Gardner, Richard A., Child Custody
Litigation (1986), p.93
http://web.archive.org/web/20061012010857/http://www.gate.net/~liz/liz/pedoph.htm