NJ Bans 'Shaken Baby Syndrome' Evidence in Nationwide First

[WhiskeyGrinder]

news.bloomberglaw.com/litigation/nj-bans-shaken-baby-syndrome-diagnosis-in-nationwide-first

Criminal prosecutors can’t build murder cases on medical diagnoses that the mere shaking of a baby, without further evidence of trauma, resulted in a child’s death, the New Jersey Supreme Court ruled Thursday.

The landmark ruling made New Jersey the first state in the country to block a “shaken baby syndrome” theory when investigations into child deaths don’t show other injury, such as bruising or neck damage. It’s the first high court to openly question this diagnosis, which has come under intense scrutiny in recent years as scientists and lawyers have pushed back against what they say is medical guesswork and has resulted in countless convictions.

“Regardless of the severity or viciousness of a crime, however, the bedrock foundations and protections embedded within our system of criminal justice must prevail,” Justice Fabiana Pierre-Louis wrote for the court’s majority. “Under one of those core principles, only evidence that is sufficiently reliable and has probative value not outweighed by the evidence’s prejudicial effect may be presented to the jurors to inform their consideration of the charges against the accused.”

Justice Rachel Wainer Apter’s solo dissent said the court was discarding the majority opinion of the country’s medical establishment.

[obamanut2012]

1. Good --it's usually very much junk science

[WhiskeyGrinder]

2. exactly