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Chapter 25 - Shaken Baby Syndrome in Australia

from Section 5 - International

Published online by Cambridge University Press:  07 June 2023

By
Chris Brook  and
Michael Nott
Edited by
Keith A. Findley ,
Cyrille Rossant ,
Kana Sasakura ,
Leila Schneps ,
Waney Squier  and
Knut Wester
Keith A. Findley
Affiliation:
University of Wisconsin, Madison
Cyrille Rossant
Affiliation:
University College London
Kana Sasakura
Affiliation:
Konan University, Japan
Leila Schneps
Affiliation:
Sorbonne Université, Paris
Waney Squier
Affiliation:
John Radcliffe Hospital, Oxford
Knut Wester
Affiliation:
Universitetet i Bergen, Norway
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Summary

The orthodox view of shaken baby syndrome (SBS) has been predominant amongst the medical and forensic communities for decades, over which time scores of accusations of child abuse have been made based on standard diagnostic methods, which have been scientifically verified. Convictions for murder, manslaughter and child homicide have resulted in jail sentences of up to 35 years, whilst actions taken through family courts have resulted in removal of children. We discuss how belief in SBS has been systematically incorporated into Australian medical, forensic, judicial, policing, and social service institutions. We also highlight some important challenges that have been made to the orthodox views in Australia, despite the ongoing general adoption of the orthodoxy.

Keywords

Australiajudgmentsadmissibilityspecialised knowledgereliability testsevidence-based medicine
Type
Chapter
Information
Shaken Baby Syndrome
Investigating the Abusive Head Trauma Controversy
 , pp. 374 - 382
Publisher: Cambridge University Press
Print publication year: 2023

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References

Donohoe, M. Evidence-based medicine and shaken baby syndrome part I: Literature review, 1966–1998. American Journal of Forensic and Medical Pathology. 2003;24:239–41.Google Scholar
Narang, S. A Daubert analysis of abusive head trauma/shaken baby syndrome. 11 Houston Journal of Health Law and Policy. 2011;11:505–7, 539–60.Google Scholar
Cordner, S. R v Klamo: An example of miscommunication and misunderstanding of expert evidence where the conviction was overturned. Australian Journal of Forensic Sciences. 2012;44(4):323–31.CrossRefGoogle Scholar
Maxwell, C. R v Klamo: An example of miscommunication and misunderstanding of expert evidence where the conviction was later overturned. Australian Journal of Forensic Sciences. 2014;46(1):4–7. https://doi.org/10.1080/00450618.2013.784359.Google Scholar
Edmond, G, Cole, S, Cunliffe, E, Roberts, A. Admissibility compared: The reception of incriminating expert evidence (i.e. forensic science) in four adversarial jurisdictions. University of Denver Criminal Law Review. 2013;3(1):31–109.Google Scholar
Edmond, G. Regulating forensic science and medicine evidence at trial: It’s time for a wall, a gate and some gatekeeping. Australian Law Journal. 2020;94:427–43.Google Scholar

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