BN.com Gift Guide

Flawed Convictions: "Shaken Baby Syndrome" and the Inertia of Injustice

Overview


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, ...
See more details below
Hardcover
$35.20
BN.com price
(Save 11%)$39.95 List Price

Pick Up In Store

Reserve and pick up in 60 minutes at your local store

Other sellers (Hardcover)
  • All (6) from $35.19   
  • New (5) from $35.19   
  • Used (1) from $37.74   
Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice

Available on NOOK devices and apps  
  • NOOK Devices
  • Samsung Galaxy Tab 4 NOOK 7.0
  • Samsung Galaxy Tab 4 NOOK 10.1
  • NOOK HD Tablet
  • NOOK HD+ Tablet
  • NOOK eReaders
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$32.99
BN.com price
(Save 15%)$38.99 List Price

Overview


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.

Read More Show Less

Editorial Reviews

From the Publisher

"Deborah Tuerkheimer's Flawed Convictions is a brilliant and timely book that meticulously presents a clear, comprehensive, and thoughtful analysis of the evolution of "shaken baby syndrome" homicide prosecutions, their impact on innocent caregivers, and the failure of the American legal system to self-correct in the face of staggering evidence of its biases and errors. It is a shocking indictment of how one form of junk science has led to scores of wrongful convictions and destroyed hundreds, if not thousands, of innocent lives and families. Tuerkheimer provides important historical context, a framework for understanding the roots of the problem as well as its persistence, and a roadmap out of the current quagmire. Flawed Convictions is an invaluable book that, well-heeded, will help prevent future miscarriages of justice." -Richard A. Leo, Dean's Circle Research Scholar and Professor, University of San Francisco School of Law

"Flawed Convictions is a brave and eye-opening exposé of the wrongful convictions of innocent caregivers in the death of a child based on 'shaken baby syndrome' (SBS). With meticulous research and gripping excerpts from police interrogations and criminal trials, Deborah Tuerkheimer traces the disturbing progression of SBS, from the scientific origins of the diagnosis to its role as a prosecution paradigm in child homicide cases. She uncovers major flaws in the criminal justice system, and offers a variety of reforms that have the potential to end the misuse of SBS, while reminding us of the reluctance of prosecutors to admit they were wrong. Flawed Convictions is essential reading for anyone interested in understanding how grave errors occur in the criminal justice system and what it will take to correct them." -Dorothy Roberts, George A. Weiss University Professor of Law & Sociology, and Sadie & Raymond Pace Alexander Professor of Civil Rights, University of Pennsylvania

Read More Show Less

Product Details

  • ISBN-13: 9780199913633
  • Publisher: Oxford University Press, USA
  • Publication date: 4/2/2014
  • Pages: 320
  • Sales rank: 642,755
  • Product dimensions: 6.20 (w) x 9.30 (h) x 0.90 (d)

Meet the Author

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.

Read More Show Less

Table of Contents

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

AFTERWORD

INDEX

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)