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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 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.
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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