(801) 355-1888
contact@rminnocence.org

Shaken Baby Syndrome

Three Strikes Law

 

What is 3 Strikes Law?

In many states, such as Utah, 3 strikes law increases the penalties enforced on an individual for a third time offense in certain cases. Three Strikes Law is meant to deter individuals who have been convicted of a crime from reoffending. 

 

Criticisms of 3 Strikes Law

There is little evidence that 3 strikes law is effective deterrent and instead has been linked to the growing prison populations. For individuals who have commited repeated offenses in charges relating to DUIs, theft, domestic violence, violent felonies, the penalties for their third crime can be more severe. For example, under Utah law, a person who commits a petty theft can be charged with a 3rd degree felony if in the last 10 years an individual has twice been convicted of theft: a sentence of up to 5 years in prison and a fine of up to 5,000 dollars. 

 

Read more

Shaken Baby Syndrome

What is shaken baby syndrome?

Shaken baby syndrome (SBS) is a critical brain injury that occurs when an infant or toddler is shaken very roughly by a caregiver. This often occurs as a result of a caregiver’s frustration with the child. Babies and toddlers are at risk for this injury because their neck muscles have not developed the strength to support heavy heads. If the infant is shaken, it is not able to stabilize their head and their fragile brain moves within their skull. The shaking can cause the brain to bleed, swell, and bruise, which can cause irreversible brain damage. 

 

Diagnosis of Shaken Baby Syndrome 

The 3 ‘tell-tale’ signs, or triad, of shaken baby syndrome are said to be; subdural hematoma, brain swelling, and bleeding behind the eyes. 

 

Wrongful Convictions due to Misdiagnosis of SBS

At the moment, many medical practitioners believe SBS can be diagnosed with the triad of symptoms. Norman Guthkelch was the first to hypothesize that whiplash causes the 3 indicator symptoms of SBS. The mistake made by lawmakers was conflating his Guthkelch’s hypothesis as categorical evidence for SBS when there had not been sufficient nor conclusive evidence that the triad is associated with SBS. The Swedish Agency for Health Technology Assessment and Assessment of Social Services has reviewed SBS literature and found insufficient evidence to use the triad to diagnose SBS. Specialists in the field are now saying that there are other factors which can cause these symptoms to appear. Accidental falls, previous injuries, infections, perinatal problems, and birth trauma can be misdiagnosed as SBS due to the brain damage they can cause. The lack of reliability of the triad for diagnosing shaken baby syndrome emphasizes the need to combine medical evidence with other evidence that proves abuse occurred. 






Read more