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Spiritual Healing "Defense" in Criminal Prosecutions for Crimes Against Children

NCJ Number
132409
Journal
Child Welfare Volume: 70 Issue: 5 Dated: (September/October 1991) Pages: 541-555
Author(s)
R K Bullis
Date Published
1991
Length
15 pages
Annotation
The State must balance the constitutional rights of religious adherents and the welfare of children in deciding cases of parents' rejection of medical treatment of their ill children in favor of religious and spiritual methods.
Abstract
Almost all 50 States impose qualifications upon those entitled to practice spiritual healing. State courts make decisions of this nature on a case-by-case basis. In a well-publicized case in July 1990, Christian Science believers David and Ginger Twitchell were sentenced to ten years of probation for the death of their two-and-one-half-year-old son from a surgically correctable bowel obstruction. In another case involving Christian Scientists, the parents were acquitted because their child had shown periodic signs of improvement, thus raising doubts that the exclusive use of prayer could be considered grossly negligent. State prosecutors are likely to continue to bring criminal charges against parents who do not seek conventional medical treatment. The trend is towards more legislative limitations imposed on the spiritual healing defense. Figure and 27 references (Author abstract modified)