Shaken Baby Syndrome, Wrongful Convictions, and the Dangers of Aversion to Changing Science in Criminal Law

42 Pages Posted: 22 Aug 2014

See all articles by Cassandra Jenecke

Cassandra Jenecke

University of San Francisco - School of Law

Date Written: 2014

Abstract

Shaken Baby Syndrome prosecutions are vulnerable to wrongful convictions because of the erosion of the science behind the diagnosis of SBS and because of the inflammatory nature of the charges. This paper evaluates the science behind the medical and legal diagnosis of SBS. It also explores international reforms related to the same developments in science and finds the American response lacking. The author concludes that without recognition of and reform related to the evolution of our scientific understanding of SBS, actors within the American criminal justice system will continue to contribute to the almost certain wrongful conviction of innocent caregivers and parents.

Keywords: wrongful convictions, shaken baby syndrome, SBS, evidence-based medicine

Suggested Citation

Jenecke, Cassandra, Shaken Baby Syndrome, Wrongful Convictions, and the Dangers of Aversion to Changing Science in Criminal Law (2014). University of San Francisco Law Review, Vol. 48, p. 147, 2014. Available at SSRN: https://ssrn.com/abstract=2483551

Cassandra Jenecke (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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