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The Emergence Of Shaken Baby Syndrome (sbs) Presents An Object Lesson In The Dangers That Lie At The Intersection Of Science And Criminal Law. As Often Occurs In The Context Of Scientific Knowledge, Understandings Of Sbs Have Evolved. We Now Know That The Diagnostic Triad Alone Does Not Prove Beyond A Reasonable Doubt That An Infant Was Abused, Or That The Last Person With The Baby Was Responsible For The Baby's Condition. Nevertheless, Our Legal System Has Failed To Absorb This New Consensus. As A Result, Innocent Parents And Caregivers Remain Incarcerated And, Perhaps More Perplexingly, Triad-only Prosecutions Continue Even To This Day. Flawed Convictions: Shaken Baby Syndrome And The Inertia Of Injustice Is The First Book To Survey The Scientific, Cultural, And Legal History Of Shaken Baby Syndrome From Inception To Formal Dissolution. It Exposes Extraordinary Failings In The Criminal Justice System's Treatment Of What Is, In Essence, A Medical Diagnosis Of Murder. The Story Of Sbs Highlights Fundamental Inadequacies In The Legal Response To Science Dependent Prosecution. A Proposed Restructuring Of The Law Contends With The Uncertainty Of Scientific Knowledge.
This book investigates the systemic failure of the criminal justice system to adapt to evolving scientific consensus regarding Shaken Baby Syndrome (SBS). Deborah Tuerkheimer, a legal scholar, examines how outdated medical theories continue to drive wrongful convictions despite modern advancements in pediatric medicine. She argues that the legal system's reliance on the 'diagnostic triad' creates a dangerous inertia that prioritizes finality over factual accuracy, leading to the incarceration of innocent caregivers.
What You Will Find
Legal scholars and criminal justice experts identify this work as a critical examination of the intersection between forensic science and judicial procedure. Readers frequently note the author's ability to translate complex medical and legal concepts into a clear, urgent critique of current prosecutorial practices.
Page Count:
256
Publication Date:
2014-01-01
Publisher:
Oxford University Press
ISBN-10:
0199361843
ISBN-13:
9780199361847
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