Shaken Baby Syndrome and Wrongful Convictions

Alejandra de la Fuente — March 30, 2015 @ 4:47 PM — Comments (1)

A quick Internet search for “Shaken Baby Syndrome” reveals countless numbers of caretakers being accused of being responsible for the death of an infant. In an article describing one of these recent cases, Queens District Attorney Richard Brown is quoted as saying:

“Shaken Baby Syndrome is the leading cause of child abuse deaths each year…The victims are innocent, helpless children and are too often harmed by those entrusted to care and protect them.”

Recently, however, convictions based on these kinds of accusations are facing serious reconsideration.

In the past, Shaken Baby Syndrome, or SBS, was widely believed to be based on scientific fact, but it’s come to light that this science is likely to be flawed. According to a recent article in the Washington Post,“Testing has been unable to show whether violent shaking can produce the bleeding and swelling long attributed to the diagnosis, and doctors have found that accidents and diseases can trigger identical conditions in babies.” This means that those caretakers that have been accused, convicted, incarcerated, and portrayed as abusive monsters are in many cases actually without any fault in the child’s death.

However, despite a lack of good science proving the existence of Shaken Baby Syndrome, it is an understandably emotional issue that is deeply entrenched in society, and the discrediting of the diagnosis has sparked some debate. A letter to the editor was written in response to the aforementioned Washington Post article, arguing for the existence of Shaken Baby Syndrome. Seth Miller, the Innocence Project of Florida’s Executive Director and President of the Innocence Network , and Barry Scheck, a founder and co-director of The Innocence Project, replied to this letter succinctly summing up the issue—

“No one condones child abuse, and no one wants innocent parents and caregivers to be hauled off to prison or separated from their children… We need an open-minded inquiry and dispassionate debate about the troubled science so the criminal justice system can get it right. The time is long overdue to fund basic and applied research in the area of pediatric head injuries. It is a public health issue of enormous importance.”


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Comments and Pings on “Shaken Baby Syndrome and Wrongful Convictions”

  1. Don’t know if you remember me…I did 12 years on a 15 year sentence on manslaughter after initially being charged with killing a little boy I could never harm. My life really sucks as a convicted felon. It would be great to have my conviction overturned; but, it’s Florida, I am not holding my breath.

     Brian Herlihy — March 30, 2015 @ 10:54 pm

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