accidental injury mechanism
"Mechanism of injury (MOI) specifically refers to the method by which trauma and its associated forces directly or indirectly impact the human body, implying a specific transfer of energy from one source (i.e., the environment) to another (i.e., the human body"
There are several limitations to our data. First, the database utilized for case-ascertainment, Westlaw, is not exhaustive.
Very true, Westlaw cites many cases but not ALL
Our data challenges the claims of the Innocence Network and public media that wrongful convictions due to unreliable science approximate “hundreds” of cases
This source is valuable for counterargument to my topic
only
only? this is almost half...
The defendants in medical evidence-related overturned AHT/SBS convictions were male in 80% (n = 16) and female in 20% (n = 4) of cases.
Interesting...
Cases that were solely overturned for a legal reason unrelated to medical or scientific information, i.e., official misconduct, improper jury instruction, or other procedural reasons, were classified as other legal reason cases.
I wonder if false confessions fell under this as well.
making it a suitable choice for medico-legal research
I probably could find valuable primary and secondary sources on Westlaw
Legal cases were included if the following three criteria were met: i) the initial trial resulted in a criminal conviction for which the case had an appellate ruling between January 2008 and December 2018, and, ii) the child's injuries were described as AHT/SBS or met the criteria for AHT as defined by the Centers for Disease Control, and, iii) the case was entered in the Westlaw legal database. Cases were excluded if they involved civil or administrative proceedings.
Criteria for the cases that fell into the study
1) the prevalence and characteristics of overturned AHT/SBS convictions in the U.S. appeals system, 2) the legal basis for those overturned convictions, and 3) characteristics of medical evidence-related arguments in those cases.
Topics this study will cover
The Innocence Network and the National Registry of Exonerations p
"The Innocence Network is an informal coalition of independent innocence organizations dedicated to combating wrongful convictions worldwide and reforming the criminal legal system."
"The National Registry of Exonerations provides comprehensive information on exonerations of innocent criminal defendants in order to prevent future false convictions by learning from past errors."
Westlaw.
Im interested to see if I can find any relevant information in Westlaw myself, since im enrolled in paralegal studies I can potentially do some research
drian was falsely informed (21times) that medical doctors needed details of the “assault” to treat the infant,that he would not be arrested (14 times), and he could go home after givingthe statement (eight times).
Wow, talk about coercion.
0 Minutes expos
Ill have to look into this, seems like it could provide valuable context
Lacresha was persuaded to sign an incriminating statement that she acciden-tally dropped and kicked the child. Lacresha became the youngest person inTexas history to be charged with capital murder (
11 years old and wrongfully convicted...
They may besimultaneously traumatized by the injuries or death of the child, confusedabout the cause, overwhelmed by questioning from medical, police, and childprotective sources, and often also concerned about the immediate protectionof their other children.
This is something that I can completely understand. After losing someone everything can feel very numb and overwhelming.
Findley et al. (2012) comment, “ ... the strong emotions that accompanyallegations of child abuse can increase the likelihood of false convictions”
Emotions are high in times like these
seven defen-dants reportedly confessed.3 That is, some incriminating admissions wereused against the defendants at trial, suggesting suspects were persuaded,deceived, or coerced to provide some type of incriminating statement.
Valuable statistic to my topic
alse/misleading forensic evidence (F/MFE),specifically medical evidence, apparent in 20 of the 22 cases
high percentage
Exonerated Defendants
Not to make any gender assumptions- but the table doesn't tell me gender, I would have to research each case to find a definitive answer. But just a guess there seems to be about 12 women here.
As noted, seven of the defendantsreportedly “confessed” to the abuse.
Very important to my topic. False confessions in a time of high stress and just losing your child.
Nodoubt there are also innocent defendants not counted in the NRE total who lackthe evidence or resources to establish their innocence
A huge and extremely unfortunate issue in our justice system.
documented 18 accidental, short falls with resultant fatality,many with retinal bleeding and some with periods of lucidity prior to death
Great statistic here.
“Boston Nanny Trial”
Ive never heard of this, I just looked into it. This is referring to Louise Woodward, a nanny who was sentenced to 15 years for second degree murder. They later brought the charges down to manslaughter due to her defense showing that it was from a prior injury.
US neurosurgeon Duhaime,collaborating with bioengineers, reported traumatic shaking was not suffi-cient to produce the triad of injuries found in SBS
another compelling finding
National Registry of Exonerations (NRE) lists 22 defendants who werecriminally convicted, and subsequently exonerated
WOW, Id like to find out how many were mothers.
Shaken Baby Syndrome/Abusive Head Trauma;wrongful conviction;psychological testimony;mis-information effects;forensic confirmation bias
Great Keyword Ideas to place in the natural search bar on databases.