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Flawed Convictions – "Shaken Baby Syndrome" and the Inertia of Injustice | Oxford Scholarship Online
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Flawed Convictions: "Shaken Baby Syndrome" and the Inertia of Injustice

Deborah Tuerkheimer

Abstract

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, tria ... More

Keywords: Shaken Baby Syndrome (SBS), criminal law, science, medicine, innocence, justice

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780199913633
Published to Oxford Scholarship Online: April 2014 DOI:10.1093/acprof:oso/9780199913633.001.0001

Authors

Affiliations are at time of print publication.

Deborah Tuerkheimer, author
DePaul University College of Law