The Misuse of Abuse: Restricting Evidence of Battered Child Syndrome
Date
2012
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Law and Contemporary Problems,
Abstract
In the medical field, battered child syndrome has left several questions unanswered. Does the syndrome include mere neglect? Is emotional abuse sufficient to diagnose BCS? How many injuries are required for a child to be “battered”? How does BCS relate to other mental diseases and defects? For physicians, the distinction between one injury and two might not make much of a difference. For a criminal defendant, that distinction may mean the difference between prison and freedom. Thus, evidence of BCS needs to be judicially restricted in a different way from how it is restricted in the medical context. To the extent that BCS evidence is about the perpetrator rather than the victim, it is improper. Still, “the refusal to face evil serves to perpetuate it.” Society should certainly not ignore the prevalence of child abuse. Hopefully, continued scientific research into BCS will create a more expansive and more comprehensive explanation of the syndrome. (Author Text)
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Keywords
child abuse, physical abuse, diagnosis, court, law
Citation
Nelson, K. (2012). Misuse of Abuse: Restricting Evidence of Battered Child Syndrome. Law and Contemporary Problems, 75,(1), 187-210.