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[return to "Texas death row inmate at mercy of supreme court, and junk science"]
1. Samoye+Eg[view] [source] 2023-09-24 13:55:32
>>YeGobl+(OP)
The way death row inmates are treated is arguably a reason to be against death row. There was also a case where a person on death row couldn’t present exculpatory evidence to prove his innocence because his last appeals lawyer didn’t do it. The Supreme Court literally decided you can prove you have evidence that proves your innocence, that you were done dirty by an incompetent lawyer, it doesn’t matter, you should still be killed.

https://en.m.wikipedia.org/wiki/Shinn_v._Ramirez

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2. boombo+8j[view] [source] 2023-09-24 14:12:55
>>Samoye+Eg
One of the other death row inmates mentioned in the article as having failed the junk science law, Kosoul Chanthakoummane, was partly convicted for hypnosis induced testimony. The appeal response on calling it junk science was, paraphrased, "hypnosis induced testimony was known to be bogus in ~2005, when your trial was. You should have argued it then."

That alone is terrible. But to make that bullshit even worse, Texas continued to use hypnosis induced testimony until 2021.

It makes me wonder when the last death penalty sentence for "shaken baby syndrome" was in Texas.

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3. lisper+cE[view] [source] 2023-09-24 16:36:16
>>boombo+8j
Why? Shaken Baby Syndrome is a real thing.

https://www.mayoclinic.org/diseases-conditions/shaken-baby-s...

[UPDATE] To those of you downvoting me, would you kindly explain why? It seems like a reasonable question to me.

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4. beeran+7K[view] [source] 2023-09-24 17:10:00
>>lisper+cE
It is, but those claiming psedoscience aren't even claiming that the set of symptoms aren't "real", just that they don't deserve their own label because of the implication.

"We can't explain this trio of internal head/brain/eye trauma with lack of corresponding external trauma, but don't you dare make the reasonable claim that shaking a baby can/does nominally cause the symptoms we see when a baby is, in fact, shaken."

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5. Yoric+iX[view] [source] 2023-09-24 18:28:23
>>beeran+7K
My understanding is that you got it backwards.

As far as I understand, the claim is that internal head/brain/eye trauma can have many causes, so these symptoms do not automatically mean that the baby was necessarily shaken. Sadly, this combination of symptoms have been named "Shaken Baby Syndrome", which means that people naturally assume that the baby has been shaken, which is apparently a crime in Texas.

Had this same syndrome been named "Guthkelch Syndrome", or anything else, the man currently on death row might have been deemed innocent.

I, for one, find this scary. Just as (in a very different domain) the "movie piracy == slavery" equation I've seen float in Blockbusters many years ago. When people who don't know better start believing in names/PR/..., this can have very real (in this case, deadly) consequences.

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6. beeran+na1[view] [source] 2023-09-24 19:59:50
>>Yoric+iX
>internal head/brain/eye trauma can have many causes

But almost all have corresponding external trauma.

The cases that don't have matching external trauma narrow it down considerably.

Restrained in a car seat in a rollover wreck? Maybe.

Rolled out of her bed? Not really plausible. But might seem like a good excuse for someone looking to cover up abuse.

Sort of agree with it being scary that a diagnosis implies a crime, but this is a case where the girl died from bad parenting, whether you call it SBS or not.

Hell, even his excuses are giving a 2-year old too many opiates and letting her sleep somewhere she could fall from while sick. Plus lying about the pneumonia, which wasn't present on autopsy.

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7. YeGobl+GO2[view] [source] 2023-09-25 12:53:30
>>beeran+na1
>> But might seem like a good excuse for someone looking to cover up abuse.

You have absolutely no way to place any certainty on this "might" at all.

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