NCJ Number
248462
Date Published
September 2012
Length
48 pages
Annotation
This paper identifies frequent claims in defense expert testimony in cases involving alleged Abusive Head Trauma (AHT) of a child perpetrated by a defendant.
Abstract
AHT cases present a number of challenges for prosecutors, including testimony on complex medical issues by defense experts, typically physicians who testify frequently for the defense in such cases. In order to conduct effective cross-examination of such defense experts, it is essential for prosecutors to have a basic understanding of the medical issues likely to be addressed by defense experts in AHT cases. This paper identifies 35 claims likely to be made by the defense through its expert witnesses. Associated case law for the admissibility of each of these claims as evidence in AHT cases is reviewed, with attention to how prosecutors can challenge the admissibility of some of the defense claims. Medical claims by defense experts that are not generally accepted by the medical community regarding the causes and features of AHT in children are also noted for each defense claim. The article notes in its conclusion that this overvew presents some, but not all, of the issues likely to be raised by defense experts in AHT cases. The primary source recommended for further information is the National District Attorneys Association.