NCJ Number
195984
Date Published
2001
Length
65 pages
Annotation
This paper discusses many of the significant legal, investigative, and medical issues encountered when shaken baby syndrome (SBS) cases are prosecuted in court.
Abstract
The discussion assumes that most SBS cases, like most criminal cases in general, will not result in a trial; however, the severity of the charges, usually involving homicide or serious felony allegations, and the difficulty of proving SBS cases at trial may result in more SBS cases being litigated than other types of criminal offenses. The suggestions offered in this paper should guide prosecutors and other professionals regardless of whether the case results in a plea or a trial. Emphasis is given to trial considerations, however, because of the scant literature on this topic; however, charging considerations and pretrial preparation of the case are equally important for successful prosecution. The author first discusses the coordination of the investigation, followed by guidelines for the background investigation; charging the suspect; multiple perpetrators, nonprotective caretakers, and uncooperative caretakers; and the development of a theme in the presentation of evidence and witnesses at trial. Other sections of the paper focus on evidence of motive, pretrial motions, the management of lay witnesses, expert testimony, in-court demonstrations by an expert, and challenging deceptive defenses and cross-examining defense experts. Remaining sections of the paper address demonstrative aids, opening statements and closing arguments, and sentencing. 190 references