Emily Bazelon has a long, well-reported feature in the New York Times Magazine on new doubts about the diagnosis of shaken baby syndrome.

I wrote about this issue in 2009, and my column then inspired some spirited email responses. There is a small but growing part of the medical community that is skeptical of the diagnosis, and a very adamant larger group that says there’s no legitimate debate, here—the diagnosis is sound, and the skeptics are either nuts or are guns for hire.

I’m obviously not a doctor, but it strikes me that there’s something tantalizingly easy about the shaken baby diagnosis. It is based on just three symptoms, all internal, and can be made even when there are no external signs of abuse. Some experts and prosecutors claim that the diagnosis is enough by itself to prove (a) a crime has been committed, (b) who committed it (conventionally, the diagnosis implicates the last person who was alone with the child before the death or injury), and (c) the suspect had the requisite intent (the diagnosis includes the conclusion that the injury could only be caused by intense, vigorous shaking, which prosecutors usually argue in court shows anger and intent to harm).

If doctors find the triad of symptoms, there’s really no defense, unless the suspect attempts to show that someone else was also alone with the child shortly before the symptoms began to appear. (The symptoms are bleeding at the back of the eye, bleeding in the protective area of the brain, and brain swelling.)

The emerging group of skeptics attack both the diagnosis itself and how it’s used in court. They argue the triad of symptoms can be caused by incidents or medical conditions other than shaking, and that the injury itself could occur days before the symptoms begin to appear, instead of the hours or minutes often claimed in court. If true, both of those claims would destroy the half to two-thirds of shaken baby diagnoses in which the child showed no other signs of abuse.

One other note: It’s interesting how quickly the skeptics are dismissed as defense experts for hire. I’m sure there are no shortage of quacks offering their services to criminal defense attorneys. But regular readers of this site have seen enough horror stories by now to know that there’s nothing about testifying for the state that cleanses an expert of bias, either. If they’re outside consultants, they too are paid for their services. And if they actually work for the state as a medical examiner or in a state crime lab, the biases are built into the system.

CPAC unironically presents Donald Rumsfeld with its “Defender of the Constitution” award.

By the way, it happened five years ago today. Never forget!

Incumbent food truck magnate in Austin develops totally-public-minded-and-not-at-all-protectionist “health, safety and environmental concerns” over a massive increase in the number trucks that have sprung up to compete with him . . .

. . . demands city council pass stricter regulations of his own industry . . .

. . . now faces a bureaucratic nightmare as his own fleet of trucks can’t pass the regulations he insisted were necessary to protect the public.

(Thanks to Adam Buxton for the tip.)

• Michigan man and his two sons charged with animal cruelty for allowing their dog to catch and kill a raccoon that had damaged their garage.
• I linked to this in the post below, but it’s worth its own link: New doubts about four women convicted in a 1994 ritual sex abuse case. This one has all the signs of a panic — homophobia, leading questioning of children, overlooking exculpatory evidence, and allegations of satanism.
• Montana legislature holds hearings on a bill to protect jury nullification.
• ACLU report questions the effectiveness, expense of Chicago’s massive surveillance camera system.
• Another isolated incident. I seem to have missed this one, which happened last fall.

I’m going to write about this case for my column on Monday. It’s yet another bullshit ritual sex abuse prosecution. But I won’t be able to do justice to the entire story in a single column, so you should read the whole thing here. But keep a stiff drink nearby. You’ll need it. The coda to the article, which is what I’ll be writing about, is that the Ohio State Supreme Court recently ordered Smith and Allen back to jail.

We still haven’t uncovered all the damage wrought by the  ritual sex abuse panic of the 1980s and 1990s. In fact, as the Tonya Craft case shows, we may not even be completely finished with the panic itself.

I’d argue that it’s the most shameful episode in the history of our criminal justice system. The thing that always throws a chill down my spine with these cases is that the lurid depictions of ritual sexual abuse—stuff like raping infants with knives, forced sex between children and animals, forcing kids to drink blood and urine, human sacrifice, other shit you can’t even fathom—not only never happened, but because they never happened, they could only have come from the imaginations of the cops, prosecutors, and quack child psychiatrists who interviewed the kids. Think about that. The twisted, hellish fantasies came from the minds of the people in charge. (I’ve recommended it before, but if you haven’t yet, you should watch the movie Witch Hunt, a documentary about the dozens of wrongful sex abuse prosecutions in Kern County, California.)

These cases should be taught as part of the standard criminal justice curriculum in every law school in the country. The same mistakes were made over and over by different public officials in courtrooms all over the country. And judges and appellate courts upheld—and still uphold—those mistakes.

• I’m not sure this headline would officially qualify as a mistake. But it’s still funny.
• The tech business cycle: 1. Turn plucky startup into huge success without ever opening an office in Washington. 2. Develop a libertarian streak as competitors use government to cut you down. 3. Give in, open an office in Washington, and realize that to survive, you too will need to learn to manipulate government to harm your competitors.
• I don’t agree with Sen. Jim Webb on much, but if for no other reason than being a lonely voice of sanity on criminal justice reform, he’s needed in Congress. I also admire the guy’s refusal to partake in Washington power worship. So I’m sorry to see him retire.
• Speaking of people I admire but don’t always agree with, the Rutherford Institute’s John Whitehead has a nice piece at Huffington Post about zero tolerance policies in the schools. Whitehead is among a dying breed of legitimately limited government, intellectually honest conservatives.
• Here’s a good profile of Obama’s new Internet cop, by my colleague Peter Suderman.
• Fact-checking Scientology…
• …and fact-checking Fox News (via Reddit). The “expert” who claimed video games are responsible for the increase in rapes is uninformed. Incidence of rape has been dropping dramatically since the early 1990s.

Over at Hit & Run, I have a post about the pension for the torturing cop case in Chicago, plus a couple other example of bad cops on the public dole.

• Pete Eckert, blind photographer.
• U.S. government finds Toyota accelerations were driver error. It would be interesting for someone to do a study to see if this story gets a tenth of the coverage the initial accusations against the company received.
• Somehow, I don’t think this line would work as well for me.
• There’s so much real investigative journalism conservatives could be doing on government waste, incompetence, accountability, and transparency. It’s pathetic that donors on the right keep handing over money for these moronic “stings”. The right needs 10 more Tim Carneys. Instead, they keep churning out James O’Keefes.
• Virginia legislators can’t bring themselves to vote for a bill that would have banned the state from shackling female prisoners during labor.
• The most lightening-y place on the planet.

A judge in Florida has moved beyond merely forbidding the act of jury nullification in his courtroom. He’s also banning advocates from letting anyone know about it.

A court order signed this week prohibits the distribution of pamphlets or leaflets meant to influence jurors outside the Orange and Osceola courthouses.

The administrative order, signed by Chief Judge Belvin Perry on Monday, has sparked a fresh free-speech debate that could lead to legal challenges, questioning whether the order amounts to a “prior restraint” or a form of censorship.

The issue stems from representatives of the national nonprofit organization Fully Informed Jury Association distributing what they call jury “education” information outside the Orange County Courthouse.

The documents, aimed at sitting or potential jurors, advised that jury members may vote their conscience. The pamphlets also indicate members cannot be forced to obey a “juror’s oath” and that individuals have the right to “hang” a jury if they do not agree with others on the panel…

That order says a “restriction upon expressive conduct and the dissemination of leaflets and other materials containing written information tending to influence summoned jurors as they enter the courthouse is necessary to serve the state’s compelling interest in protecting the integrity of the jury system.”

Perry’s order notes that one judge in the Ninth Circuit covering Orange and Osceola determined that a jury panel had been “tampered with” after discovering members had the leaflets “containing information attempting to influence the jury.”

Roger Roots, an attorney and member of FIJA’s advisory board, said the nonprofit is actively seeking legal representation in Florida to see whether a challenge to Perry’s order can or should be mounted.

“Chief Judge Perry’s order is what is known as prior restraint — one of the most oppressive forms of censorship,” Roots said in a statement sent to the Orlando Sentinel on Thursday. “The fact that the courthouse is an important public building where one would expect people to be free to advocate and speak about matters of the public interest makes Judge Perry’s order especially suspect.”

The Sun-Sentinel tells the remarkable story of Barney Brown, convicted at the age of 14, and who then served 38 years in prison for a robbery and rape he didn’t commit.

Stopped by police in Palm Beach County, Brown and his friends were arrested and jailed in connection with a 1969 rape and robbery. He was brought to Miami-Dade County, tried in juvenile court and acquitted — the victim couldn’t identify him despite numerous lineups and an appearance on the stand.

Somehow, he was put on trial again, despite the constitutional prohibition against double jeopardy. Brown didn’t know the law and didn’t know to ask why it was being ignored. This time he was convicted and sentenced to life in prison. It would be 38 years before [Judge] Marin would recognize the injustice.

Emphasis mine. These cases just keep churning up new ways to inspire outrage. It’s just stunning that after an acquittal in juvenile court the prosecutor merely moved on to try Brown for the same crimes as an adult. And no one noticed. You write about these stories enough, and you tend to get a bit jaded. This one is still jarring.

And it gets better: At the time of his conviction, Florida allowed the death penalty in certain rape cases. This was a black kid accused of robbing and raping a white woman. So push on. The prosecutor asked for a death sentence. The jury voted 7-5 to spare his life. It then took nearly 40 years for the criminal justice system to acknowledge what had happened.

More on Brown here.

Agitator pal Baylen Linnekin has started a much-needed new organization called Keep Food Legal. The group’s aim:

• KFL will advocate in favor of abolishing all food-related subsidies. Government subsidies distort prices and demand, cause environmental problems, and have played a large role in creating America’s obesity problem.
• KFL will work to defeat food regulations and bans which limit our freedom to produce, cook, buy, and sell the foods we want. The government has no right to tell people what we can and can’t eat.
• KFL will advocate at the federal, state, and local levels in favor of more food choices. It is not enough to oppose bad new laws. We will work—in legislatures and in the courts—to roll back bad ones already on the books.

One thing KFL will never do is advocate in favor of (or against) any particular foods or dietary choices. We believe strongly that adults should eat what they want (or what they and their doctor think is best for them). And we also believe that children should eat what they and their parents think is best for them. Government shouldn’t tell you what to eat, and neither should KFL.

Sounds . . . pro-choice!

Over at Nashville Byline, I have a post up about No. 308, a new bar that opened up in East Nashville.

• Cops don’t like red light cameras either . . . because they aren’t capable of extending “professional courtesy.”
• Lead investigator for Atlanta PD unit that carried out the raid on the Atlanta Eagle gay bar is arrested on DUI, marijuana charges.
• I’m flummoxed that someone would even ask this question. Speaks volumes about where the debate is right now.
• Obama intervenes to keep a Yemeni journalist in jail.
• Another testament to the perils of foreign entanglements: Is a U.S. company assisting Egyptian surveillance?
• I’m cheering for you fellow Hoosiers, but I’m skeptical. Indiana’s new native-distilled whiskey, on the other hand, is quite good. I’ve had both the bourbon and the rye.
• Just bought the e-version of this book. Looks fascinating. (This one, too.)

A new study from the Insurance Institute for Highway Safety says red light cameras save lives.

Red light cameras saved 159 lives in 2004-08 in 14 of the biggest US cities, a new analysis by the Insurance Institute for Highway Safety shows. Had cameras been operating during that period in all large cities, a total of 815 deaths would have been prevented.

“The cities that have the courage to use red light cameras despite the political backlash are saving lives,” says Institute president Adrian Lund.

The Washington Post editorial board gloats:

Those findings will be discomfiting to the scofflaws and libertarians who have long believed they have a God-given right to run red lights without the nuisance of risking a fine. They have felt put upon that the government is somehow invading their privacy by training cameras on intersections or “profiting” from the resulting fines. Never mind that in the great majority of cases, the real victims are not the drivers who ignore the red lights; rather, they are the pedestrians, cyclists and drivers of other vehicles who are run over, rammed, maimed and killed by the red-light runners.

The rationale for red-light cameras is firmly grounded in common sense. Police can’t be everywhere, and officers should not be diverted from high-crime areas to police every high-risk intersection. As practically anyone who travels in and around the District can see for themselves, drivers tend to decelerate and exercise caution in red-light and speed-camera zones – which are listed on the police department’s Web site. The result: slower-moving traffic and fewer fatal accidents.

Gnashing their teeth at Big Brother’s supposed intrusion, opponents of the cameras have argued that the cameras violate their privacy or that local governments use them simply to generate revenue. But there are plenty of examples of government levying fines to promote public safety – think of hunting violations, or unsafe job-site conditions – and there’s no greater reason to impugn officials’ motives in deploying the cameras than any in other areas of public safety administration.

Actually, the argument is that there’s good evidence showing that lengthening yellow times is a far better way to prevent intersection accidents than red light cameras. It’s more effective, and doesn’t come with the creepy surveillance state vibe. Somehow, that doesn’t seem as appealing a policy to city governments. Another reason we critics have impugned the motives of public officials is that several cities have been caught shortening yellow times at intersections after they’ve been outfitted with cameras. That would seem to be a pretty good indication of a government that values revenue more than safety.

There’s nothing in the IIHS study about how many lives would be saved if the cities surveyed had lengthened their yellows instead of installing cameras. And over at the National Motorists Association, James Baxter argues that study’s “lives saved” figures are also flawed.

I know lots of you miss the comment karma system. Me too. If you know of a good karma system that’s compatible with WordPress 3.0.3, let me know. As I understand it, the problem is that the system I was using in the past doesn’t work with this version.

My interview with the Oath Keepers founder is now up at Reason.

The most improbable and hilarious sentence you’ll read today:

I was in rush hour the other [sic] observing some self-centered dude blocking four lanes and snarling traffic for blocks to spare himself a minor inconvenience and it occurred to me that the logical result of our recent embrace of vulgar libertarianism is a total breakdown of social order.

A similar thing happened to me over the weekend. I twisted my ankle playing pick-up basketball. As I clenched my jaw in pain, I could only look up to the sky, shake my fist angrily, and curse the name Robert Nozick.

• He’s still got it.
• This for the most part sums up my views of Reagan. Talked a good talk, at least in some areas. But time hasn’t been kind to his legacy for liberty.
• Moving. And especially impressive poise from a 19-year-old.
• Bill O’Reilly vs. Science. Round two.
• Sounds about right.
• This is actually the first I’ve heard of this story.
• Government accountability.
• Malawi bans flatulence.

By a mile.

A reader sends a link to this National Rifle Association profile of Jeff Overcash, who is listed as an NRA “curriculum developer” and certified law enforcement instructor.

Jeff is a 10 year law enforcement veteran who has honorably served with both the Charleston, SC and Ft. Lauderdale, FL Police Departments. While with the City of Charleston, Jeff served as a Field Training Officer, Narcotics Investigator, and SWAT Officer. After relocating to South Florida, Jeff served with the City of Ft. Lauderdale Police Department where he was assigned to the Patrol Division as well as their SWAT Team.

If you read this site regularly, Overcash’s name may ring a bell. Last year, he resigned from the Ft. Lauderdale police department after a a cell phone video showed he illegally arrested Brennan Hamilton shortly after Hamilton asked for Overcash’s badge number. The two had gotten into an argument after Overcash reprimanded Hamilton for leaning on his squad car, after which Hamilton rolled his eyes at Overcash. Overcash then falsely claimed in his police report that Hamilton was intoxicated and had resisted arrest.

This isn’t just a case of a cop losing his temper over a guy leaning on his car. His bad judgment carried over into an illegal arrest. He then filled out, signed, and filed a falsified a police report to cover up his other mistakes. Were it not for the video, Overcash’s report could very well have resulted in a man getting convicted and sentenced for crimes he didn’t commit. Now I suppose it’s possible that the only time Overcash abused his authority and lied in a police report was this one time where there was also video evidence available to contradict him. But it seems unlikely.

Gun training includes instruction on when it’s proper to use lethal force. If I were a member of the NRA, I’d wonder why my dues are paying for this guy to give that sort of instruction to other cops. Given the circumstances of his resignation, I’d also wonder why the NRA would describe Overcash’s service as “honorable.”

The Reagan worship this weekend is really getting creepy. I give you Rep. Ben Quayle, son of Dan:

When I was a child, President Ronald Reagan was the nice man who gave us jelly beans when we visited the White House.

I didn’t know then, but I know it now: The jelly beans were much more than a sweet treat that he gave out as gifts. They represented the uniqueness and greatness of America — each one different and special in its own way, but collectively they blended in harmony.

As my colleague Jesse Walker just posted on Twitter, it’s like someone sent Michael Scott to Washington.

• So this image purports to be a series of composites of the average woman from various countries and ethnicities. I was struck by how attractive they all are. This makes some sense when you think about it from an evolutionary perspective. But I think it’s also a little surprising because it’s not how we typically use the word average.
• Glenn Greenwald on another death at Gitmo.
• This whole Kenneth Cole backlash is getting pretty ridiculous. The guy (or whoever writes his Twitter feed) wrote something crass and dumb. He immediately apologized for it. You’d be hard pressed to find a company more active in various social causes than Kenneth Cole. But as we learned with the Whole Foods debacle, the outrage mobs tend to live in the moment.
• Hey, cut Bloomberg some slack! It’s isn’t cheap to prepare food that’s edible without using salt, trans-fats, saturated fats, or sugar.
• The saddest Ebay auction photo you’ll see today.
• Good on the ACLU for bringing this lawsuit. Here’s my question: Why haven’t the people at Signal who are responsible for this atrocity been criminally charged? If the ACLU is correct, there were a number of crimes committed, here.

• Rush Limbaugh is a jackass. By the way, here’s the blood-chilling report from the two New York Times reporters he mocked on the air. Also check out this harrowing report from Fox News correspondent Greg Palkot. The hell with politics. The journalists reporting from Egypt are heroic.
• State officials in North Carolina—including Gov. Bev Perdue—are refusing to back away from the investigation in that “doing math without a license” story.
• The problem with balance metaphors.
• Via the comments, this old David Packman post on why police accountability is important seems relevant given recent headlines.
• Damn. Talk about bad luck.
• Citizen review board says too many Atlanta PD cops don’t know about constitutional rights. I think it’s more that they don’t care. The cops don’t care, and the department doesn’t care. All of this crap was brought to light after the Kathryn Johnston raid. And they appear to have done nothing about it.
• Another data point for Radley’s Axiom that libertarianism happens to people.

Morgan Spurlock, he of Super Size Me fame, has a new project. He’s asking you, Internet user, to help him assemble a panoramic photo of Times Square . . . but with all the advertising scrubbed away. Because that’s the first thing most of us think when we visit Times Square. Golly, if only this place looked more like Pyongyang!

I’m also not sure what point he’s trying to prove. Wait. I mean I very much know the point he’s trying to prove. It’s just absurd. The aim of the project is to appreciate the glory of Times Square without those crass accouterments of commerce . . . that made the glory of Times Square possible. (Spurlock seems to have gotten the idea from Sao Paulo, Brazil, which banned outdoor advertising in 2007.)

If you think I’m exaggerating Spurlock’s commie sympathies, here’s a fun passage from his 2005 book, Don’t Eat This Book:

Right now, I’m planning a trip to Cuba. I want to experience the country and its people before that Pandora’s box is opened there. Because you know after the day Fidel dies, the shipments of American consumer crap will come flooding in.

Maybe that’s what this project is all about. It’s so that when the damnable day comes that the Cuban people are finally afforded personal, political, and economic freedom, Morgan Spurlock will still be able to visit a magical place where the buildings are bare, the nights aren’t littered with neon, and everyone suffers quietly—but equally—in poverty. If only, sigh, on his computer.

My 2006 Reason piece explaining why Morgan Spurlock and values crusader Ben Shapiro are the same person here.

BONUS: A reader sends this fascinating article from the Wall Street Journal about zoning laws in Times Square. Garishness is actually mandatory.