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Flawed Convictions"Shaken Baby Syndrome" and the Inertia of Injustice$
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Deborah Tuerkheimer

Print publication date: 2014

Print ISBN-13: 9780199913633

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199913633.001.0001

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The Triad Endures

The Triad Endures

Chapter:
(p.31) 3 The Triad Endures
Source:
Flawed Convictions
Author(s):

Deborah Tuerkheimer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199913633.003.0003

Despite profound shifts in the scientific underpinnings of SBS, the diagnosis continues to operate in familiar ways. Most notably, the SBS that convicts defendants in criminal court remains unambiguous and fully certain, even though the medical establishment has made formal concessions both to ambiguity and uncertainty. This chapter examines the close resemblance of today’s SBS to its predecessor and suggests a number of reasons for the staying power of the old model. The chapter considers the dynamics of child abuse specialization, including the creation of a mandatory reporting regime; the growth of multidisciplinary teams; and the advent of organizations like the National Center on Shaken Baby Syndrome. The chapter also discusses the phenomenon of prosecutorial certainty regarding the triad’s diagnostic significance.

Keywords:   child abuse specialization, mandatory reporting, National Center on Shaken Baby Syndrome, multidisciplinary team, prosecutorial certainty

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