38:00 psychotherapy as entangling lies, religious confession also

TDCAA: If you had read the lower court’s opinion and all the briefs in this case, you would never have expected the majority opinion that came from the court this week. Everyone assumed that Bible applied to this case—it was just a question of whether, under the Bible factors, the second statement was part of a second interview or merely a continuation of the first. But the court holds that Bible is inapplicable when the second statement is not itself “warned and waived.” This turns the Bible analysis on its head: If the interview was a continuation under Bible, then it was warned and waived.

You can view the majority’s opinion one of two ways, neither of which is explicit in the opinion. First, the majority may be saying that if a statement is involuntary under Art. 38.21, then the Art. 38.22, §3 recording requirements are irrelevant. But the majority never actually holds that the statement was involuntary in light of the trial court’s findings.

Second, the majority may be implicitly adopting Judge Yeary’s view that the recording requirements in Art. 38.22, §3 apply to each discrete recording—regardless of how many separate statements or interrogations there are. But again, the majority doesn’t actually hold this. Instead, the majority hedges and simply claims to distinguish Bible based on “the unique facts of this case.” In the meantime, prosecutors should probably advise detectives to re-Mirandize whenever they start a new recording. Just in case.

https://en.wikipedia.org/wiki/Confession_album

Interesting historical personal document type. This feels like it has some influence within the realm of the commonplace book tradition.

Is there a way to revive these in an internet age and nudge them along with webmentions?

The form of some of these questions in confession albums is similar to modern day security questions asked by banks and personal accounts as a sort of personal password or shibboleth.

This seems like something that could be profitably published into children's school yearbooks for being filled out by friends. They've already got names and photographs, and usually are autographed with quotes or notes already.

These could be tied into personal websites as well.

which does sometimes just make me so sad because everything not going great feels like it's my fault & probably is.

Fascinating example of x. Wonder what you mean by y.

confession of helicopter child.

In order for suspension and expulsion, there must be multiple offense. In this case, there are witnesses and a confession, but that is not enough. Even though there were many different days and incidents of physical assault this is considered a one-time offense? A short talk and a phone call home is the consequences of a death threat and physical assault? Where is the importance of bullying would not be tolerated? Where is the importance of ensuring the victim's safety? This is why this whole system fail to tackle on the issue of bullying. The limit of what the school can do is unjust. How is that resolved? The victim and their family would still feel unsafe, fear, and paranoia.