For the Defense - Vol. 7, Issue 2 - 6
" Junk Science " : Reconsidering
the Admissibility of Opinions on
Shaken Baby Syndrome in Criminal
Prosecutions
E
ach year, hundreds of people across the United
States are convicted of child abuse offenses
involving Shaken Baby Syndrome (SBS),1
a
medical diagnosis that refers to a series of " brain
injury symptoms consistent with vigorously shaking
an infant or small child. " 2
SBS, which pediatricians
now diagnose as " Abusive Head Trauma " (AHT), is
often considered " the most dangerous and deadly
form of child abuse. " 3
As a result, whenever a
pediatrician makes an AHT diagnosis, the last person
with the child before the injuries manifested-almost
always one of the child's parents or caregivers4
-
immediately becomes the target of a criminal
investigation.5
The vast majority of defendants in
AHT cases are convicted,6 and their cases often hinge
on expert testimony related to AHT.7
However, the scientific basis of AHT has deteriorated
over the last two decades as experts, including
6 For The Defense l Vol. 7, Issue 2
Ryan Aloysius Smith
members of the U.S. President's Council of Advisors
on Science and Technology and Norman Guthkelch,
the British neurosurgeon credited with " discovering "
the diagnosis,8
have questioned the scientific validity
of forensic evidence used to diagnose AHT in criminal
prosecutions.9
Indeed, Dr. Guthkelch and many
other experts have opined that it is impossible to
infer criminal intent from the mere presence of the
" classic triad, " the three symptoms associated with
AHT-subdural hematoma, retinal hemorrhage,
and cerebral edema.10
court recently held in State v. Nieves11
In fact, a New Jersey trial
that expert
testimony about AHT is inadmissible under the Frye
test12
because " there is no scientific technique or
procedure to confirm AHT a reliable diagnosis. " 13
Yet, although Pennsylvania and New Jersey both
apply the Frye test, Pennsylvania state prosecutors
are free to present pseudoscientific expert testimony
on AHT at criminal trials for alleged child abuse.14
For the Defense - Vol. 7, Issue 2
Table of Contents for the Digital Edition of For the Defense - Vol. 7, Issue 2
Contents
For the Defense - Vol. 7, Issue 2 - 1
For the Defense - Vol. 7, Issue 2 - 2
For the Defense - Vol. 7, Issue 2 - Contents
For the Defense - Vol. 7, Issue 2 - 4
For the Defense - Vol. 7, Issue 2 - 5
For the Defense - Vol. 7, Issue 2 - 6
For the Defense - Vol. 7, Issue 2 - 7
For the Defense - Vol. 7, Issue 2 - 8
For the Defense - Vol. 7, Issue 2 - 9
For the Defense - Vol. 7, Issue 2 - 10
For the Defense - Vol. 7, Issue 2 - 11
For the Defense - Vol. 7, Issue 2 - 12
For the Defense - Vol. 7, Issue 2 - 13
For the Defense - Vol. 7, Issue 2 - 14
For the Defense - Vol. 7, Issue 2 - 15
For the Defense - Vol. 7, Issue 2 - 16
For the Defense - Vol. 7, Issue 2 - 17
For the Defense - Vol. 7, Issue 2 - 18
For the Defense - Vol. 7, Issue 2 - 19
For the Defense - Vol. 7, Issue 2 - 20
For the Defense - Vol. 7, Issue 2 - 21
For the Defense - Vol. 7, Issue 2 - 22
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For the Defense - Vol. 7, Issue 2 - 24
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For the Defense - Vol. 7, Issue 2 - 26
For the Defense - Vol. 7, Issue 2 - 27
For the Defense - Vol. 7, Issue 2 - 28
For the Defense - Vol. 7, Issue 2 - 29
For the Defense - Vol. 7, Issue 2 - 30
For the Defense - Vol. 7, Issue 2 - 31
For the Defense - Vol. 7, Issue 2 - 32
For the Defense - Vol. 7, Issue 2 - 33
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For the Defense - Vol. 7, Issue 2 - 35
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For the Defense - Vol. 7, Issue 2 - 39
For the Defense - Vol. 7, Issue 2 - 40
For the Defense - Vol. 7, Issue 2 - 41
For the Defense - Vol. 7, Issue 2 - 42
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