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Professor Peter Tillers of Cardozo Law School in New York blogs for JURIST on the latest evidence issues...
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Tuesday, May 27, 2003

Pity the Predator

The Boston Globe ran an interesting item today. The story began this way:

Report says legal system fails girls in trouble

By Francie Latour, Globe Staff, 5/27/2003

In a Dorchester street, a 58-year-old man lay stabbed in the head and chest, one of his sons bleeding from his side, another son with broken teeth -- all victims, police say, of an attack by two girls, one 15, the other 11.

Perhaps the Boston Globe should keep an edited version of this story in its files until events warrant publication. The edited version might look like this:

Report says legal system fails boys in trouble

By Frank Labour, Globe Staff, 10/10/2010

In a Dorchester street, a 42-year-old woman lay stabbed in the head and chest, one of her daughters bleeding from her side, another daughter with broken teeth -- all victims, police say, of an attack by two young lads, one 15, the other 11.

The current story -- the one concerning wayward girls --, this sad story is reminiscent of the political fervor of the Boston Globe in some of its good (i.e., its most "liberal," its most "progressive") old days, days when it might have carried the following sort of story:

Boston incinerated by hydrogen bomb: Minorities and women disproportionately affected!

--Yes, yes: I confess, I confess, yes, I do confess: I have used this line before -- and I even borrowed it from some other source (a trustworthy but not confidential one) without giving credit. Mea culpa! But in mitigation: the Boston Globe is such a tempting target.

The Boston Globe might have said -- now I am not saying that the Boston Globe should have said; no, I am not saying that --, but I do say that I am warranted in saying that the Boston Globe might have said that the legal system failed the three stabbing victims, the ones who were waylaid by the wayward girls who were so badly let down by our legal system.

The pages of the Boston Globe are just replete with failure, aren't they?

N.B. Is the moral of the Boston Globe story this: if the legal system fails, girls will be girls? {Well, I suppose not. But who knows for sure?}

Posted by Peter Tillers at 7:46 PM
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Professor Peter Tillers

"I have practiced a little bit of law -- I worked as a litigator, once in California and once in Texas -- but for most of my professional life I have studied and taught law.

In the early part of my academic career I dabbled in philosophy, particularly the philosophies of Kant and Hegel. But as I matured, I came to my senses. This explains why during the last 15 years I have devoted much more attention to evidence, inference, and proof in litigation than to German Idealism and similar matters. However, I did not succeed in completely obliterating the influence of philosophy and epistemology on my thinking. Thus, in my effort to understand and explain the process of proof in litigation, I have devoted a great deal of attention to matters such as probability theory and theories of evidence, inference, induction, and proof.


Peter Tillers is Professor of Law at Cardozo Law School, Yeshiva University. He revised volumes 1 &1A of Wigmore on Evidence (1983) and is the author of Probability and Inference in the Law of Evidence (1988; with E. Green).