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Flawed Convictions

Flawed Convictions

"Shaken Baby Syndrome" and the Inertia of Injustice

by Deborah Tuerkheimer
Hardback
Publication Date: 15/05/2014

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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.
ISBN:
9780199913633
9780199913633
Category:
Family law
Format:
Hardback
Publication Date:
15-05-2014
Language:
English
Publisher:
Oxford University Press Inc
Country of origin:
United States
Pages:
320
Dimensions (mm):
157x236x23mm
Weight:
0.57kg

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