is the name given to popular, unscientific concepts, consultants and practices used in some courts to defend and justify actions and decisions that might be hard to justify otherwise.
Commonly there is no form of testing to prove or disprove an idea or recommendation that a Guardian ad litem or Family Court is promoting.
Junk science by its ungrounded, unscientific foundation potentially corrupts the judicial process, and it is the source of much human pain and disillusionment, when it is used. It significantly undermines public confidence in the intelligence and fairness of the judiciary and the courts.
When Guardians ad litem and lawyers make far reaching pronouncements about a child or a party with whom they have had little interaction and offer speculative opinions for which they have no scientific basis, this is "junk science". When they project into the future (no one can foretell the future), this is pure junk science, when they label parties and/or their children with catchy syndromes that are unrecognized by leading national professional organizations in the field, this is junk science. When they recommend or prescribe trendy treatments or counseling that have no recognized scientific basis, this is prescribing "junk science". When some courts force unwanted treatment or demand the release of privileged, personal therapy records in non-criminal divorce cases- using the threat of contempt- this can only be labeled as practicing “junk science”. It is totalitarian and it is destructive of human worth, dignity and human rights. It ill becomes a democratic society. When some courts duplicate and/or override the findings of Children's Protective agencies or highly qualified professional consultants, this is junk practice.
Junk science is an area of court usage that needs careful, undefensive review, data collection and high level behavioral medicine consultation to develop the best standards if courts are to correct a bad practice
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