Commonwealth v. Twitchell
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''Commonwealth v. Twitchell'', 416 Mass. 114, 617 N.E.2d 609 (1993), was the most prominent of a series of criminal cases, in the late 1980s and early 1990s, in which parents who were members of the
Christian Science church The Church of Christ, Scientist was founded in 1879 in Boston, Massachusetts, by Mary Baker Eddy, author of '' Science and Health with Key to the Scriptures,'' and founder of Christian Science. The church was founded "to commemorate the word a ...
were prosecuted for the deaths of children whose medical conditions had been treated only by Christian Science prayer. In 1988,
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
prosecutors charged David and Ginger Twitchell with manslaughter in the 1986 death of their two-year-old son Robyn. Robyn Twitchell died of a
peritonitis Peritonitis is inflammation of the localized or generalized peritoneum, the lining of the inner wall of the abdomen and cover of the abdominal organs. Symptoms may include severe pain, swelling of the abdomen, fever, or weight loss. One part o ...
caused by a bowel obstruction that medical professionals declared would have been easily correctable. The Twitchells' defense contended that the couple were within their
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
rights to treat their son's illness with prayer and that Massachusetts had recognized this right in an exemption to the statute outlawing child neglect. The Twitchells were convicted of
involuntary manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
. They were sentenced to ten years
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
and required to bring their remaining children to regular visits to a pediatrician. The conviction was overturned in 1993 by the Massachusetts Supreme Judicial Court on a legal technicality. Robert Gittens, speaking for the prosecutors' office commented, "the law is now clear: parents cannot sacrifice the lives of their children in the name of religious freedom."


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* {{DEFAULTSORT:Commonwealth V. Twitchell Massachusetts state case law U.S. state criminal case law 1988 in United States case law Christian Science in Massachusetts History of Christianity in the United States 1993 in Massachusetts 1993 controversies Supernatural healing