
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) and the resulting wrongful convictions. Deborah Tuerkheimer, a law professor and expert in criminal law, utilizes a combination of legal analysis, medical history, and case studies to argue that the legal system's reliance on outdated diagnostic criteria creates a dangerous inertia that perpetuates injustice. She proposes a structural reform of legal procedures to better accommodate the inherent uncertainty of evolving scientific knowledge.
What You Will Find
Scope Limits
Legal scholars and criminal justice experts frequently cite this work as a critical examination of how the law struggles to integrate shifting scientific paradigms. Readers often note the academic rigor of the prose, which provides a sobering look at the intersection of medical diagnosis and courtroom procedure.
Page Count:
320
Publication Date:
2015-03-02
Publisher:
Oxford University Press
ISBN-10:
0190233613
ISBN-13:
9780190233617
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