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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 babys 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 systems 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.
In this landmark book, a former prosecutor, legal expert, and leading authority on sexual violence examines why we are primed to disbelieve allegations of sexual abuse-and how we can transform a culture and a legal system structured to dismiss accusers Sexual misconduct accusations spark competing claims: her word against his. How do we decide who is telling the truth? The answer comes down to credibility. But as this eye-opening book reveals, invisible forces warp the credibility judgments of even the well- intentioned among us. We are all shaped by a set of false assumptions and hidden biases embedded in our culture, our legal system, and our psyches. In Credible, Deborah Tuerkheimer provides a much-needed framework to explain how we perceive credibility, why our perceptions are distorted, and why these distortions harm survivors. Social hierarchies and inequalities foster doubt that is commonplace and predictable, resulting in what Tuerkheimer calls the "credibility discount"-our dismissal of claims by certain kinds of speakers-primarily women, and especially those who are more marginalized. The #MeToo movement has exposed how victims have been badly served by a system that is designed not to protect them, but instead to protect the status quo. Credibility lies at the heart of this system. Drawing on case studies, moving first-hand accounts, science, and the law, Tuerkheimer identifies widespread patterns and their causes, analyzes the role of power, and examines the close, reciprocal relationship between culture and law-guiding us toward accurate credibility judgments and equitable treatment of those whose suffering has long been disregarded. #MeToo has touched off a massive reckoning. To achieve lasting progress, we must shift our approach to belief. Credible helps us forge a path forward to ensuring justice for the countless individuals affected by sexual misconduct.
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.
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