Ruling Alters Legal Landscape in NY Shaken-baby CasesFor the first time, a New York appellate court has ruled that evidence once used to convict people in shaken-baby cases may no longer be scientifically valid. The ruling, which came in the case of René Bailey, a Greece woman convicted of causing the death of a child in 2001, has implications for a number of other people in state prisons for shaken-baby offenses. In this area alone, several dozen people have been convicted of murder or assault in such cases. The appeals court decision, released Thursday, changes the legal landscape in New York for alleged shaken baby cases, said Brian Shiffrin, a local appellate lawyer who was not involved in the case. “It makes it both easier for defense attorneys to argue the science and it puts the burden back on prosecutors to show there is evidence to support the theory of shaken baby syndrome,” said Shiffrin, who has handled appeals of shaken-baby convictions.
Ruling Alters Legal Landscape in NY Shaken-baby Cases
This is just so ... well I can't even find the words ... I mean how long has shaken baby syndrome been a legal definition of child murder and how many people have been incarcerated for such a crime and I mean , where not just talking incarceration here ... I'm saying the mental abuse one must suffer if this in fact is an incorrect diagnosis ... the suffering at the hands of others ... loss of whanau ... loss of friends ... loss of the quality of life one was accustomed to, not to mention the dark cloud that will encircle one's life, regardless of the sudden change in legal circumstance...from perpetrator to now victim ... I can't fathom the horrific suffering undertaken by individuals already, and now to possibly be innocent...because of this 'new ruling'...the injustice just keeps getting so much more unjust...