Please Read This:
http://lawreview.wustl.edu/inprint/87/1/dtuerkheimer.pdf
"Every year in this country, hundreds of people are convicted of having
shaken a baby, most often to death. In a prosecution paradigm without
precedent, expert medical testimony is used to establish that a crime
occurred, that the defendant caused the infant’s death by shaking, and that
the shaking was sufficiently forceful to constitute depraved indifference to
human life. Shaken Baby Syndrome (SBS) is, in essence, a medical
diagnosis of murder, one based solely on the presence of a diagnostic
triad: retinal bleeding, bleeding in the protective layer of the brain, and
brain swelling.
New scientific research has cast doubt on the forensic significance of
this triad, thereby undermining the foundations of thousands of SBS
convictions. Outside the United States, this scientific evolution has
prompted systemic reevaluations of the prosecutorial paradigm. In
contrast, our criminal justice system has failed to absorb the latest
scientific knowledge. This is beginning to change, yet the response has
been halting and inconsistent. To this day, triad-based convictions
continue to be affirmed, and new prosecutions commenced, as a matter of
course."
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