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February 6, 2011
"Has a Flawed Diagnosis Put Innocent People in Prison?"
The title of this post is the question posed by the front cover of today's New York Times Magazine. This lengthy article by Emily Bazelon takes a close look at shaken-baby syndrome, and includes lots of terrific discussion and analysis of the scientific evidence and legal cases concerning the deaths of young children in recent years.
February 6, 2011 at 01:18 PM | Permalink
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Comments
Funny. A prominent, academic pediatrician once told me at dinner, he quieted babies by shaking them, so his examination could proceed without waiting an hour for the baby to calm down.
This article illustrates a generality that should be included in any future amendment to all Rules of Evidence.
By definition, any case with opposing expert testimony in good faith has a scientific controversy. It should be dismissed per se, because the controversy is scientific and not just legal. True in the criminal law, and true in torts. The jury knows nothing about the subject. They will take the side of the more likable expert, not necessarily, the correct expert. If bad faith testimony can be proven, the expert should pay all legal costs of both sides, and be banned from future testimony. To deter.
The court has no ability to settle a scientific dispute. Only additional, outside data can settle a scientific dispute. Because of the origin of this controversy in the 1980's, one must suspect, the left wing, biased American Academy of Pediatrics had a touch of infection by the vile feminist lawyer. This official professional society has no credibility because of its left wing control. European equivalents are likely far worse. Until proven otherwise, all policy utterances of the American Academy of Pediatrics should be deemed left wing trash.
All people released after serving prison time for shaken baby syndrome should sue the prosecutor, the judge, the prosecution expert, seeking to pierce their unfair, self-dealt immunities. To deter. The Supreme Court will uphold this self-dealt immunity, and should be impeached for its self-dealing. Amendments should end these unfair, unconstitutional immunities. They come from the idea that the Sovereign speaks with the voice of God. Cuckoo, cuckoo, cuckoo.
Posted by: Supremacy Claus | Feb 7, 2011 3:28:08 AM
Sorry. The court should dismiss a case with opposing experts, testifying in good faith, for lack of subject matter jurisdiction, not per se, as mistakenly stated above.
Posted by: Supremacy Claus | Feb 7, 2011 5:26:07 AM
I believe that each case of an infant or child with a Shaken Baby Syndrome diagnosis needs to be looked at carefully. For example, a few small retinal hemorrhages in the eyes of a child does not a diagnosis of abuse make. These can occur in accidents. But...the typical signs of SBS (brain hemorrhage, retinal hemorrhage, brain swelling) should not be explained away by minimal force factors (i.e. bed fall, etc.).
Babies, though fragile to some degree, are very resilient to potential injuries in falls. It is exceedingly rare that infants are hurt in any way in falls less than 6 feet. In fact, with infants who have fallen several stories, most live and some are even unharmed.
Unfortunately, defense attorneys like to find "expert" witnesses to build a smokescreen and confuse jurors in SBS cases. The condition really isn't difficult to diagnose though. It is real and happens every day.
For more information, see our website www.childabuseconsulting.com and even attend the Shaken Baby Syndrome webinar scheduled for 2/15/11 @ 3:00 (EST) - anyone is welcome.
Thanks for looking at this important issue.
James Peinkofer, LCSW
Peinkofer Associates
www.childabuseconsulting.com
Posted by: James Peinkofer, LCSW | Feb 8, 2011 8:48:57 AM
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