''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 were prosecuted for the deaths of children whose medical conditions had been treated only by Christian Science prayer.
In 1988,
Massachusetts prosecutors charged David and Ginger Twitchell with
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 ...
in the 1986 death of their two-year-old son Robyn. Robyn Twitchell died of a
peritonitis 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 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
A form of child abuse, child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physica ...
.
The Twitchells were convicted of
involuntary manslaughter. They were sentenced to ten years
probation and required to bring their remaining children to regular visits to a
pediatrician
Pediatrics ( also spelled ''paediatrics'' or ''pædiatrics'') is the branch of medicine that involves the medical care of infants, children, adolescents, and young adults. In the United Kingdom, paediatrics covers many of their youth until the ...
. The conviction was overturned in 1993 by the
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the di ...
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."]
References
External links
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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