Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-27T07:58:46.016Z Has data issue: false hasContentIssue false

Chapter 12 - Can Confession Substitute for Science in Shaken Baby Syndrome/Abusive Head Trauma?

from Section 3 - Science

Published online by Cambridge University Press:  07 June 2023

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
Get access

Summary

Shaken baby syndrome/abusive head trauma struggles to find a solid scientific foundation, largely because of a circularity confound, the same diagnostic features under study serve as the basis for categorising cases for research purposes. In an attempt to overcome this circularity, researchers have turned to confessions as a sorting criterion in the research, under the belief that confessions are independent of the diagnostic features and hence not subject to circularity. However, none of the research examines the nature and reliability of the confessions, or the interrogations that produce them; they simply accept the confessions as true, reliable, and independent. Research on interrogations and false confessions, however, along with extensive and wholly consistent anecdotal evidence, strongly suggest that SBS/AHT confessions are largely if not entirely produced by interrogator reliance on the diagnostic findings. That reliance undermines both the independence of the confessions, and hence their ability to break free from circularity, and the reliability of these confessions as a group. On the current state of knowledge, confessions cannot be relied upon to substitute for science to support the SBS/AHT hypothesis.

Type
Chapter
Information
Shaken Baby Syndrome
Investigating the Abusive Head Trauma Controversy
, pp. 189 - 204
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Findley, KA, Barnes, PD, Moran, DA, Squier, W. Shaken baby syndrome, abusive head trauma, and actual innocence: Getting it right. Houston Journal of Health Law and Policy. 2012;12:209312.Google Scholar
Choudhary, AK, Servaes, S, Slovis, TL et al. Consensus statement on abusive head trauma in infants and young children. Pediatric Radiology. 2018;48(8):1048–65.Google Scholar
Findley, KA, Risinger, DM, Barnes, PD et al. Feigned consensus: Usurping the law in shaken baby syndrome/abusive head trauma prosecutions. Wisconsin Law Review. 2019:1211–67.Google Scholar
Hymel, KP et al. for the Pediatric Brain Injury Research Network. Derivation of a clinical prediction rule for pediatric abusive head trauma. Pediatric Critical Care Medicine. 2013;14:210–20.Google Scholar
Narang, SA. A Daubert analysis of abusive head trauma/shaken baby syndrome. Houston Journal of Health Law and Policy. 2011;11:505633.Google Scholar
Vinchon, M, de Foort-Dhellemmes, S, Desurmont, M, Delestret, I. Confessed abuse versus witnessed accidents in infants: Comparison of clinical, radiological, and ophthalmological data in corroborated cases. Child’s Nervous System. 2010;26: 637–45.Google Scholar
Maguire, SA, Kemp, AM, Lumb, RC, Farewell, DM. Estimating the probability of abusive head trauma: A pooled analysis. Pediatrics.2011;128:e550e564.Google Scholar
Piteau, SJ, Ward, MGK, Barrowman, MJ, Plint, AC. Clinical and radiographic characteristics associated with abusive and nonabusive head trauma: A systematic review. Pediatrics. 2012;130:19.Google Scholar
Swedish Agency for Health Technology Assessment and Assessment of Social Services. Traumatic shaking: The role of the triad in medical investigations of suspected traumatic shaking. A systematic review. 2016. https://bit.ly/3DGrvaC.Google Scholar
Matschke, J, Voss, J, Obi, N et al. Nonaccidental head injury is the most common cause of subdural bleeding in infants < year of age. Pediatrics. 2009;124:1587–94.Google Scholar
Starling, SP, Patel, S, Burke, BL et al. Analysis of perpetrator admissions to inflicted traumatic brain injury in children. Archives of Pediatric and Adolescent Medicine. 2004;158:454–8.Google Scholar
Biron, D, Shelton, D. Perpetrator accounts in infant abusive head trauma brought about by a shaking event. Child Abuse and Neglect. 2005;29:1347–58.Google Scholar
Starling, SP, Holden, JR, Jenny, C. Abusive head trauma: The relationship of perpetrators to their victims. Pediatrics. 1995;95:259–62.Google Scholar
Dias, MS. The case for shaking. In Child abuse and neglect: Diagnosis, treatment, and evidence. Jenny, C, ed. Elsevier Saunders, 2010, pp. 362–70.Google Scholar
Minns, RA. Shaken baby syndrome: Theoretical and evidential controversies. Journal of the Royal College of Physicians of Edinburgh. 2005;35:515.Google Scholar
Vinchon, M, Noulé, N, Karnoub, MA. The legal challenges to the diagnosis of shaken baby syndrome or how to counter 12 common fake news. Child’s Nervous System. 2022;38(1):133–45. https://doi.org/10.1007/s00381-021-05357-8.Google Scholar
Edwards, GA, Maguire, SA, Gaither, JR, Leventhal, JM. What do confessions reveal about abusive head trauma? A systematic review. Child Abuse Review. 2020;29:253–68.Google Scholar
Adamsbaum, C, Grabar, S, Mejean, N, Rey-Salmon, C. Abusive head trauma: Judicial admissions highlight violent and repetitive shaking. Pediatrics. 2010;126:546–55.Google Scholar
Leestma, JE. Case analysis of brain-injured admittedly shaken infants: 54 cases, 1969–2001. American Journal of Forensic Medicine and Pathology. 2005;26:114.Google Scholar
Leestma, JEShaken baby syndrome’: Do confessions by alleged perpetrators validate the concept? Journal of American Physicians and Surgeons. 2006;11:1416.Google Scholar
Bell, E, Shouldice, M, Levin, A. Abusive head trauma: A perpetrator confesses. Child Abuse and Neglect. 2011;35:74–7.Google Scholar
Garrett, BL. The substance of false confessions. Stanford Law Review. 2010;62:10511119.Google Scholar
Innocence Project. The causes of wrongful conviction. https://innocenceproject.org/causes-wrongful-conviction.Google Scholar
Leo, RA. Inside the interrogation room. Journal of Criminal Law and Criminology. 1996;86:266303.Google Scholar
Kassin, SM, Kiechel, KL. The social psychology of false confessions: Compliance, internalization, and confabulation. Psychological Science. 1996;7(3):125–8.Google Scholar
Ofshe, RJ, Leo, RA. The social psychology of police interrogation: The theory and classification of true and false confessions. Studies in Law, Politics, and Society. 1997;16:189251.Google Scholar
Ofshe, RJ, Leo, RA. The decision to confess falsely: Rational choice and irrational action. Denver University Law Review. 1997;74:9791122.Google Scholar
Davis, D, Leo, RA. The problem of interrogation-induced false confession: Sources of failure in prevention and detection. In Handbook of forensic sociology and psychology. Morewitz, SJ, Goldstein, ML, eds. Springer Science + Business Media, 2014, pp. 4775.Google Scholar
Drizin, SA, Leo, RA. The problem of false confessions in the post-DNA world. North Carolina Law Review. 2004;82:8911004.Google Scholar
Kassin, SM. The social psychology of false confessions. Social Issues and Policy Review. 2015;9:2551.Google Scholar
Kassin, SM, Drizin, SA, Grisso, T et al. Police-induced confessions: Risk factors and recommendations. Law and Human Behavior. 2010;34(1):338.Google Scholar
Inbau, FE, Reid, JE, Buckley, JP, Jayne, BC. Criminal interrogation and confessions. 5th ed. Jones & Bartlett Learning, 2013.Google Scholar
Leo, RA, Drizin, SA. The three errors: Pathways to false confession and wrongful conviction. In Police interrogations and false confessions: Current research, practice, and policy recommendations. Lassiter, GD, Meissner, CA, eds. American Psychological Association, 2010, pp. 930.Google Scholar
People v Thomas, 8 N.E.3d 308 (N.Y. 2014).Google Scholar
Cabut, S. Shaken babies: Doubts about the reliability of self-incriminations. Le Monde. 15 November 2021. https://bit.ly/3UvJZ4m.Google Scholar
Högberg, U, Eriksson, G, Högberg, G, Wahlberg, A. Parents’ experiences of seeking health care and encountering allegations of shaken baby syndrome: A qualitative study. PLoS One. 2020;15(2):e0228911. https://doi.org/10.1371/journal.pone.0228911.Google Scholar
Vinchon, M, Karnoub, MA, Noulé, N et al. Confessed versus denied inflicted head injuries in infants: similarities and differences. Child’s Nervous System. 2021;38(1):147–52. https://doi.org/10.1007/s00381-021-05381-8.Google Scholar
Rossant, C. Personal communication. 2021.Google Scholar
Kassin, S. On the psychology of confessions: Does innocence put innocents at risk? American Psychologist. 2005;60:215–28.Google Scholar
Tuerkheimer, D. Flawed convictions: Shaken baby syndrome and the inertia of injustice. Oxford University Press, 2014.Google Scholar
Aleman v Village of Hanover Park, 662 F. 3d 897 (7th Cir. 2011).Google Scholar
National Registry of Exonerations, Clarence Jones III. https://bit.ly/3UjlWWu.Google Scholar
State v Paul, Superior Court for Alaska, First Jud. Dist. at Juneau, Case No. 1JU-11-00823CR. Interviews of David Paul, 2010.Google Scholar
Medline Plus. CPR-Infant. https://bit.ly/3UoD11P.Google Scholar
Caffey, J. On the theory and practice of shaking infants: Its potential residual effects of permanent brain damage and mental retardation. American Journal of Diseases of Children. 1972;124:161–9.Google Scholar
Imwinkelried, EJ. Shaken baby syndrome: A genuine battle of the scientific (and non-scientific) expert. Criminal Law Bulletin. 2010;46:144.Google Scholar
Ibrahim, N, Margulies, S. Biomechanics of toddler head during low-height falls: An anthropomorphic dummy analysis. Journal of Neurosurgery and Pediatrics. 2010;6:5768.Google Scholar
Vinchon, M. Response to Lynøe: Questions about isolated trauma shaking and confessions. Child’s Nervous System. 2017;33(9):1423–4.Google Scholar
Thiblin, J, Andersson, K, Wester, J et al. Medical findings and symptoms in infants exposed to witnessed or admitted abusive shaking: A nationwide registry study. PLoS One. 2020;15(10):e0240182. https://doi.org/10.1371/journal.pone.0240182.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×