New Scholarship Spotlight: Shaken Baby Syndrome, Wrongful Convictions, and the Dangers of Aversion to Changing Science in Criminal Law

Cassandra Ann Jenecke has posted the above-titled article on SSRN.  Download here.  The abstract states:

Shaken Baby Syndrome prosecutions are vulnerable to wrongful convictions because of the erosion of the science behind the diagnosis of SBS and because of the inflammatory nature of the charges. This paper evaluates the science behind the medical and legal diagnosis of SBS. It also explores international reforms related to the same developments in science and finds the American response lacking. The author concludes that without recognition of and reform related to the evolution of our scientific understanding of SBS, actors within the American criminal justice system will continue to contribute to the almost certain wrongful conviction of innocent caregivers and parents.