NCJ Number
116856
Journal
Missouri Law Review Volume: 53 Issue: 2 Dated: (Spring 1988) Pages: 189-225
Date Published
1988
Length
37 pages
Annotation
This article discusses the legal and evidentiary problems associated with proving child abuse.
Abstract
The clinical manifestations of battered child syndrome are discussed along with other evidence establishing that a child's injuries were not accidental. Many injuries can be linked to the perpetrator by expert testimony, provided that the proper foundation is laid. The article discusses laying the foundation for expert testimony and the role and basis of the expert's opinion. Linking the defendant perpetrator's uncharged misconduct to the child's nonaccidental injury is also explored, with emphasis on the doctrine of chances. Additionally, the identity of the perpetrator can be established by the eyewitness testimony of children, by the court permitting an expert witness to allege that a child's injuries were caused by individual 'caring' for the child, by the parents' admission, by establishing that the defendant had exclusive custody of the child when the nonaccidental injury occurred, or by the legal doctrine of res ipsa loquitur. 177 footnotes.