The Science and Law Underlying Post-Conviction Challenges to Shaken Baby Syndrome Convictions: A Response to Professor Imwinkelried

20 Pages Posted: 8 May 2018  

Keith A. Findley

University of Wisconsin Law School

D. Michael Risinger

Seton Hall University School of Law

Date Written: May 7, 2018

Abstract

We take the opportunity presented by a new article by Professor Edward Imwinkelried to respond to his use of shaken baby syndrome/abusive head trauma (SBS/AHT) cases as an example for his discussion of the appropriate standards for seeking new trials based on shifting scientific evidence. We explain how Professor Iwinkelried’s analysis overlooks the true nature of the medical-scientific debates in SBS/AHT cases; the import of the expert evidence in such cases; the various legal issues that can arise related to the expert testimony in such cases; and ultimately, therefore, the significance of newly recognized controversies in the medico-legal hypotheses underlying expert testimony in such cases.

Keywords: Postconviction review, SBS/AHT, shaken baby syndrome, abusive head trauma, newly discovered evidence, shifted science, flawed forensic science

Suggested Citation

Findley, Keith A. and Risinger, D. Michael, The Science and Law Underlying Post-Conviction Challenges to Shaken Baby Syndrome Convictions: A Response to Professor Imwinkelried (May 7, 2018). Seton Hall Law Review (2018 Forthcoming); Univ. of Wisconsin Legal Studies Research Paper No. 1442; Seton Hall Public Law Research Paper. Available at SSRN: https://ssrn.com/abstract=3174924

Keith A. Findley (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States
608-262-4763 (Phone)
608-263-3380 (Fax)

HOME PAGE: http://www.law.wisc.edu/facstaff/biog.php?iID=269

D. Michael Risinger

Seton Hall University School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States
(973) 642-8834 (Phone)

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