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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.
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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