
Part 1: Why the Hard Cases Become Battlegrounds
This fall, two cases have taken over public argument. In Massachusetts, a jury could not agree whether Lindsay Clancy, who strangled her three young children while suffering what her defense called postpartum psychosis, should be held criminally responsible. Eleven jurors said no. One said yes. The judge declared a mistrial. At Cornell, an accusation against seven young men became a national story, and then a contested one, when the local prosecutor said the woman’s first sworn statement differed substantially from the version that spread online.
Neither case is settled, and I’m not going to argue about what happened in either. I want to ask a different question. Why do some cases become national battlegrounds, while others, often far worse, are reported and forgotten within a week?
Three ideas to start with
People live inside two moral systems, and each is right in its own place.
The Family Archetype is how a family thinks. It protects the vulnerable, gives according to need rather than merit, favors its own, and acts on care before proof. A mother doesn’t ask for evidence before comforting a crying child. In a family, that’s exactly right.
The Society Archetype is how public life among strangers has to work. It relies on fair procedures, evidence before judgment, and holding individuals responsible for what they actually did, not for the group they belong to. A court doesn’t comfort the accuser before establishing the facts. In public life, that’s exactly right.
Matrisensus is what happens when the family’s way of thinking takes over public life. It treats whole groups as victims or villains, rather than judging what particular people did. It keeps the people it sees as vulnerable innocent by placing the guilt elsewhere. It speaks the language of compassion, but it works like a verdict.
It isn’t outrage. It’s ambiguity.
The usual explanation for viral controversies is that outrage gets clicks. But that doesn’t fit the pattern. The clearest, most one-sided cases of wrongdoing rarely become lasting flashpoints. Everyone agrees what happened, and the story fades. The cases that never go away are the ones whose meaning stays open.
Sometimes that’s because the facts are disputed. But often the facts are agreed, and what’s disputed is what they mean. A case with one obvious reading gets absorbed. A case with two live readings can be argued forever.
Psychologists showed why in a classic 1979 study. Charles Lord, Lee Ross and Mark Lepper gave people on opposite sides of an issue the same mixed evidence. Neither side moved toward the other. Both became more certain they were right, because evidence that doesn’t settle its own meaning leaves room for everyone to read it their way.
So the real fight in these cases isn’t usually about the people involved. It’s about a rule. Matrisensus says: believe the designated victim, condemn the designated villain. The question is whether that rule is absolute, or only a starting assumption that has to give way when the evidence goes the other way. A clear case never tests that question, because both moral systems reach the same answer. An ambiguous case is the only place it can be fought out in public. That’s why both sides mobilize so completely. If the rule bends here, it was never absolute. If evidence doesn’t govern here, it doesn’t govern anywhere.
This is an old fight
Social media didn’t start this. It just made it faster.
In 1991, Anita Hill accused Clarence Thomas of sexual harassment during his Supreme Court confirmation hearings. No witness could settle what happened. But even certainty about the facts wouldn’t have settled the deeper question: should an uncorroborated accusation block a confirmation, or does fairness require more? The Senate confirmed him 52 to 48, the closest margin in over a century. Hill is still asked to relitigate it more than thirty years later. Clear cases don’t do that to their witnesses.
In 1998, the facts of Bill Clinton’s affair with Monica Lewinsky were agreed almost immediately. The two-year fight that followed, including an impeachment, was entirely about meaning: was this an abuse of power over a young subordinate, or a private matter? And the sides lined up largely by political loyalty, which shows how often people choose their principle based on the outcome they want.
The pattern ran on through the Duke lacrosse case, the Rolling Stone story about the University of Virginia, the Kavanaugh hearings, and the Covington Catholic incident.
The two current cases
Clancy’s own defense never denied that she killed her children. Her case rested on insanity. Investigators had ruled out her husband, Patrick, with surveillance footage and phone records. Even so, a loud online group insisted that Patrick was the real killer, contradicting the evidence and her own lawyers. That goes beyond arguing about meaning. It refuses to accept facts that are settled, because the only acceptable conclusion is her total innocence. Most of her supporters didn’t go that far; the real legal question, whether her mental state removed criminal responsibility, was genuinely hard. But the fringe shows where the rule leads when it’s held as absolute. It ignores not only uncertain facts, but certain ones.
The Cornell case is different: there, a real factual dispute remains open.
A culture that had settled which moral system governs public judgment wouldn’t need to fight this battle every few years. That we do, reliably, since at least 1991, tells us the question is still open.
One last idea
Underneath all of this is a simple principle about feeling. The feeling that something is wrong is real and valuable. It tells us where to look and what matters. But it is true testimony about the person who feels it, not proof about the world. “I feel harmed” is a fact. “So you harmed me” is a separate question. Feeling deserves the first word. It shouldn’t have the last.
Next: Part 2 asks whether juries can still do their job.
David Shackleton
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David Shackleton is a writer and cultural commentator whose work focuses on identity politics and gender. His books, Matrisensus, The Hand That Rocks the World: An Inquiry Into Truth, Power and Gender, and Daughters of Feminism: Women Supporting Men’s Equality, are available on Amazon. His website is genderhealing.com.





