§ 1.  Generally.
§ 2.  Prosecution Use of Expert Testimony.
§ 3.  Defense Use of Expert Testimony.
Bibliography.

See also: BATTERED WOMAN SYNDROME; BATTERING PARENT SYNDROME; CHILD SEXUAL ABUSE ACCOMODATION SYNDROME; EXPERTS; POST-TRAUMATIC STRESS DISORDER; RAPE TRAUMA SYNDROME
SCIENTIFIC EVIDENCE.

1.  Generally

Battered child syndrome (BCS) describes certain characteristic physical and emotional symptoms of children who have been subjected to physical or mental abuse.  The phyisical manifestations of the syndrome have been described as follows by one appellate court:

(1) the child is usually under three years of age; (2) there is evidence of bone injury at different times; (3) there are subdural hematomas with or without skull fractures; (4) there is a seriously injured child who does not have a history given that fits the injuries; (5) there is evidence of soft tissue injury; (6) there is evidence of neglect.{footnote}People v. Jackson, 18 Cal. App. 3d 504, 506, 95 Cal. Rptr. 919, 921 (1971).{/footnote}

The psychological manifestations of the syndrome have been described as “hypervigilance” and “learned helplessness.”{footnote}State v. Janes, 850 P.2d 495 (Wash. 1993).{/footnote}  BCS is essentially an extension of the concepts underlying the battered woman syndrome to children.{footnote}State v. Janes, 850 P.2d 495 (Wash. 1993).
Accord Diana J. Ensign, Note, Links Between the Battered Woman Syndrome and the Battered Child Syndrome: An Argument for Consistent Standards in the Admissibility of Expert Testimony in Family Abuse Cases, 36 Wayne L. Rev. 1619 (1990); Steven R. Hicks, Comment, Admissibility of Expert Testimony on the Psychology of the Battered Child, 11 L. & Psychol. Rev. 103, 106, 126 (1987).{/footnote}

2.  Prosecution Use of Expert Testimony

The United States Supreme Court has affirmed the introduction of expert testimony as to BCS as relevant to establish that a deceased child with multiple injuries indicative of a history of abuse is liekly to have been killed intentionally:{footnote}Estelle v. McGuire, 502 U.S. 62, 68-69 (1991).{/footnote}

The demonstration of battered child syndrome "simply indicates that a child found with [serious, repeated injuries] has not suffered those injuries by accidental means." Thus, evidence demonstrating battered child syndrome helps to prove that the child died at the hands of another and not by falling off a couch, for example; it also tends to establish that the "other," whoever it may be, inflicted the injuries intentionally. When offered to show that certain injuries are a product of child abuse, rather than accident, evidence of prior injuries is relevant even though it does not purport to prove the identity of the person who might have inflicted those injuries.{footnote}502 U.S. at 68 (quoting People v. Jackson, 18 Cal. App. 3d 504, 507, 95 Cal. Rptr. at 921 (1971)(citations omitted).{/footnote}

The Court held that this evidence was admissible even though the defendant did not claim at trial that the child’s death was accidental, since the prosecution was required to prove each element of the crime, including that the killing of the child was intentional.{footnote}502 U.S. at 69.{/footnote}  Other courts have likewise upheld the admissibility of expert testimony as to BCS offered by the prosecution to establish that the injuries to or death of a child-victim were not accidental.{footnote}U.S. v. Bowers, 660 F.2d 527 (5th Cir.1981).
State v. Moyers, 727 P.2d 31 (Ariz. App. 1986); People v. Bledsoe, 36 Cal. 3d 236, 249, 681 P.2d 291, 299, 203 Cal. Rptr. 450 (1984); Landeros v. Flood, 17 Cal. 3d 399, 409, 551 P.2d 389, 393, 131 Cal. Rptr. 69 (1976); People v. Jackson, 18 Cal. App. 3d 504, 506‑508, 95 Cal. Rptr. 919, 921‑922 (1971); State v. Hilleshiem, 305 N.W.2d 710, 715 (Iowa 1981) (not using term "battered child syndrome"); State v. McGowen, 447 N.W.2d 546 (Iowa App. 1989); People v. Barnard, 286 N.W.2d 870, 871 (Mich. App. 1979); Schlerert v. State, 311 N.W.2d 843 (Minn. 1981); People v. Henson, 33 N.Y.2d 63, 349 N.Y.S.2d 657, 304 N.E.2d 358 (N.Y. 1973); State v. Wilkerson, 247 S.E.2d 905 (N.C. 1978); Commonwealth v. Rodgers, 528 A.2d 610, 614 (Pa. Super. 1987); State v. Holland, 346 N.W.2d 302 (S.D. 1984); State v. Tanner, 675 P.2d 539, 543 (Utah 1983); State v. Toennis, 758 P.2d 539 (Wash. App.), review denied, 111 Wn.2d 1026 (1988); State v. Mulder, 629 P.2d 462 (Wash. App. 1981).{/footnote}

The prosecution expert may not testify that the injuries were in fact caused by any particular person or class of persons, nor may the expert express an opinion as to the defendant’s guilt or innocence.{footnote}State v. McGowen, 447 N.W.2d 546 (Iowa App. 1989); State v. Wilkerson, 247 S.E.2d 905 (N. C. 1978).{/footnote}

3.  Defense Use of Expert Testimony to Show Self-Defense

Expert testimony as to BCS has been held admissible on behalf of a defendant claiming that he or she acted in self defense.{footnote}State v. Janes, 850 P.2d 495 (Wash. 1993).
Contra Jahnke v. State, 682 P.2d 991 (Wyo. 1984).{/footnote}  The prosecution may of course rebut this testimony with expert testimony of its own on BCS.{footnote}State v Young (1991, Ohio App Huron Co) CA No. H-89-7.{/footnote}

Bibliography

Paul A. Mones, When A Child Kills: Abused Children Who Kill Their Parents 9‑10 (1991).
Charles P. Ewing, Kids Who Kill (1990).
Ensign, Note, Links Between the Battered Woman Syndrome and the Battered Child Syndrome: An Argument for Consistent Standards in the Admissibility of Expert Testimony in Family Abuse Cases, 36 Wayne L. Rev. 1619 (1990).
Goldman, Note, Nonconfrontational Killings and the Appropriate Use of Battered Child Syndrome Testimony: The Hazards of Subjective Self-Defense and the Merits of Partial Excuse, 45 Case W. Res. 185 (1994).
Hicks, Comment, Admissibility of Expert Testimony on the Psychology of the Battered Child, 11 L. & Psychol. Rev. 103 (1987)
Moreno, Comment, Killing Daddy: Developing a Self‑Defense Strategy for the Abused Child, 137 U. Pa. L. Rev. 1281 (1989)
Sacks, Comment, A New Age of Understanding: Allowing Self‑Defense Claims for Battered Children Who Kill Their Abusers, 10 J. Contemp. Health L. & Policy 349 (1994).
Smith, Comment, Abused Children Who Kill Abusive Parents: Moving Toward an Appropriate Legal Response, 42 Cath. U. L. Rev. 141 (1992).
Van Sambeek, Parricide as Self‑Defense, 7 Law & Ineq. J. 87 (1988).

Annotation, Admissibility Of Evidence Of Battered Child Syndrome On Issue Of Self-Defense, 22 A.L.R.5th 787