Fr. 90.00

Flawed Convictions - 'Shaken Baby Syndrome' and the Inertia of Injustice

English · Hardback

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Zusatztext Law professor Deborah Tuerkheimer's new book, Flawed Convictions: "Shaken Baby Syndrome" and the Inertia of Injustice, comprehensively and neatly describes the evolution of the SBS medical hypothesis-how it emerged, became entrenched in both the medical and legal communities, then unraveled under the scrutiny of evidenced-based medicine, shifted in form but still persists-and the problematic ways it is used in criminal cases. The book takes a hard and honest look at the issues that increasingly divided doctors and challenge the legal system's ability to adapt to the changing medical and scientific evidence upon which the legal system is increasingly dependent. Informationen zum Autor Deborah Tuerkheimer is a Professor of Law at Northwestern University School of Law. From 2009 to 2014 she was Professor of Law at DePaul University College of Law. She earned her undergraduate degree from Harvard College and her law degree from Yale. After clerking for the Alaska Supreme Court, Professor Tuerkheimer served for five years as an Assistant District Attorney in the New York County District Attorney's Office, where she specialized in domestic violence and child abuse prosecution. Klappentext 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. Zusammenfassung 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. In this book, Deborah Tuerkheimer exposes extraordinary failings in the criminal justice system's treatment of what is, in essence, a medical diagnosis of murder. Inhaltsverzeichnis Acknowledgments Introduction Chapter One: A Medical Diagnosis of Crime The Prosecution Paradigm The Lure of Blame Chapter Two: Complications Scrutiny The New SBS Doubtful Convictions Chapter Three: The Triad Endures Today's SBS Child Abuse Specialization Prosecutorial Certainty Staying Power Chapter Four: Trials Deciding Guilt Case on Trial Chapter Five: Missed Diagnosis Diagnostic Error A Legal Perspective on Differential Diagnosis Anatomy of a Missed Diagnosis Chapter Six: Confessions Non-Confession Confessions Unreliable Confessions Inside the Interrogation Room Chapter Seven: Fluky Justice Acquittals Dismissals No-Arrest Cases Chapter Eight: Guilty Pleas A System in Flux When Innocents Plead Guilty The Meaning of Lopsided Pleas Chapter Nine: The Limits of Judicial Review Sufficiency Challenges Collateral Attack Chapter Ten: Reform Improving Medical Outcomes Upstream Innocence Protection Downstream Innocence Protection INDEX ...

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