The purpose of this essay is to establish applicable law regarding the questions outlined in the paper about medical evidence in cases of child abuse in the form of shaken baby syndrome. In order to answer the essay's research questions about this, the essay has applied a legal-judicial method based on a hierarchical order of legislation, legislative history, case law, and doctrine. In the analysis, the conclusions are that medical expertise is generally valued highly by the courts while at the same it is being considered with caution in the individual case. Mostly, by the diagnosis of shaken baby syndrome, is considered resting on an uncertain scientific basis, the legal assessment of the question of liability has been affected so that the evidentiary requirement "beyond reasonable doubt" is not to be considered met in recent case law. The essay also addresses the discussion on an international scientific level regarding the diagnosis of shaken baby syndrome.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:lnu-78782 |
| Date | January 2018 |
| Creators | Nouri, Divina |
| Publisher | Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO) |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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