Twitchell Case
Encyclopedia
Commonwealth v. Twitchell, 416 Mass. 114 (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 treatment.
In 1988, Massachusetts
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
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
.
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. The conviction was overturned in 1993 by the Massachusetts Supreme Judicial Court
.
The Twitchell case, and others like it, have become rallying points for both people who criticize religious exemptions to child neglect laws, and those who believe that the government oversteps its bounds when it prosecutes people who believe that prayer is a legitimate alternative to medical treatment.
Church of Christ, Scientist
The Church of Christ, Scientist was founded in 1879 in Boston, Massachusetts, USA, by Mary Baker Eddy. She was the author of the book Science and Health with Key to the Scriptures. Christian Science teaches that the "allness" of God denies the reality of sin, sickness, death, and the material world...
were prosecuted for the deaths of children whose medical conditions had been treated only by Christian Science treatment.
In 1988, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
prosecutors charged David and Ginger Twitchell with manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
in the 1986 death of their two-year-old son Robyn.
Robyn Twitchell died of a peritonitis
Peritonitis
Peritonitis is an inflammation of the peritoneum, the serous membrane that lines part of the abdominal cavity and viscera. Peritonitis may be localised or generalised, and may result from infection or from a non-infectious process.-Abdominal pain and tenderness:The main manifestations of...
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 Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
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
Child neglect
Child neglect is defined as:# "the failure of a person responsible for a child’s care and upbringing to safeguard the child’s emotional and physical health and general well-being"...
.
The Twitchells were convicted of involuntary manslaughter. They were sentenced to ten years probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
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
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
.
The Twitchell case, and others like it, have become rallying points for both people who criticize religious exemptions to child neglect laws, and those who believe that the government oversteps its bounds when it prosecutes people who believe that prayer is a legitimate alternative to medical treatment.