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Complications

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 5528 words.

In the mid-1990s, a methodological turn to evidence-based medicine revealed that the research underlying SBS was fundamentally flawed. Greater scrutiny of the claims made on behalf of the...

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Confessions

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 11751 words.

Using confessions to establish the validity of a medical diagnosis raises serious concerns. First, statements framed by doctors and prosecutors as confessions may not actually be...

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Flawed Convictions

Deborah Tuerkheimer.

April 2014; p ublished online April 2014 .

Book. Subjects: Criminal Law; Medical and Healthcare Law. 312 pages.

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...

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Fluky Justice

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 12729 words.

As understandings of the triad have evolved, so too has the criminal justice system’s response to SBS begun to shift. Greater skepticism can be discerned in the charging decisions of...

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Guilty Pleas

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 5483 words.

When defendants in SBS cases plead guilty or no-contest, there are increasingly large disparities between the agreed-upon sentence and the defendant’s likely sentence after trial....

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Introduction

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 1447 words.

Shaken Baby Syndrome (SBS) is a prosecution paradigm that allows doctors to provide the testimony necessary to convict a caregiver or parent of abusing an infant, often to death. Audrey...

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The Limits of Judicial Review

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 8468 words.

Once a defendant is found guilty of shaking a baby, it is unlikely that the judgment will be undone. While there are legitimate reasons for the presumptive finality of criminal convictions,...

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A Medical Diagnosis of Crime

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 6289 words.

The origins of SBS can be traced to a 1971 paper by A. Norman Guthkelch, a British pediatric neurosurgeon. In time, a “triad” of neurological symptoms came to be viewed as certain proof...

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Missed Diagnosis

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 11995 words.

Like everyone else, physicians take shortcuts when processing complex information. Unfortunately, mistakes in diagnosis often result. This chapter applies what we know about cognitive...

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Reform

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 9481 words.

Widespread problems of criminal justice manifest themselves in the SBS realm. This chapter concentrates on a subset of problems with particular salience for SBS prosecutions and, more...

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The Triad Endures

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 5509 words.

Despite profound shifts in the scientific underpinnings of SBS, the diagnosis continues to operate in familiar ways. Most notably, the SBS that convicts defendants in criminal court remains...

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Trials

Deborah Tuerkheimer.

in Flawed Convictions

April 2014; p ublished online April 2014 .

Chapter. Subjects: Criminal Law; Medical and Healthcare Law. 8989 words.

As a medical diagnosis of crime, SBS falls squarely within the domain of forensic medicine, a branch of forensic science. This helps to explain not only the appeal of SBS (regardless of the...

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