CHILD ABUSE - AN ILLNESS OR A CRIME?

• NCJ Number: 57700
• Journal: Child Welfare Volume: 58 Issue: 4 Dated: (APRIL 4, 1979) Pages: 237-244
• Author(s): C J SCHRIER
• Date Published: 1979
• Length: 8 pages
• Corporate Author: Welfare League of America (CWLA)
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: PRESENTED AT THE SUPPORTIVE CHILD ADULT NETWORK FORUM AT CHILDREN'S HOSPITAL, PHILADELPHIA, 1978

Annotation

IT IS ARGUED THAT THE STRUCTURE AND GOALS OF THE CRIMINAL JUSTICE SYSTEM HINDER ITS EFFECTIVENESS IN HANDLING CHILD ABUSE AS A PSYCHOLOGICAL AND SOCIOLOGICAL PROBLEM.

Abstract

THE PREVENTION AND TREATMENT OF CHILD ABUSE AND NEGLECT HAS BEEN THE FOCUS OF THE CRIMINAL JUSTICE SYSTEM AS WELL AS CIVIL INTERVENTION BY PUBLIC AND PRIVATE SOCIAL SERVICES AGENCIES. CHILD ABUSE IS BEST PREVENTED AND TREATED THROUGH CIVIL PROCEEDINGS, RATHER THAN THROUGH CRIMINAL ACTION. THE JUSTIFICATION FOR THIS POSITION IS FOUND THROUGH EXAMINATION OF THE FIVE KEY ELEMENTS OF CRIMINAL LAW. FIRST, CRIMINAL LAW HAS FIVE MAIN PURPOSES: RETRIBUTION, PREVENTION, RESTRAINT, DETERRENCE, AND REHABILITATION; THE FIRST FOUR GOALS CALL FOR THE CHILD ABUSER TO SUFFER IMPRISONMENT, OFTEN PRECLUDING ANY HOPE OF REHABILITATION. SECOND, THE CRIMINAL JUSTICE SYSTEM IS ACCUSATORY, ITS TARGET BEING THE IDENTIFICATION OF THE PERPETRATOR; IGNORING THE VICTIM, PREVENTIVE MEASURE ARE OFTEN NOT TAKEN. IN CONTRAST, CIVIL PROCEEDINGS FOCUS ON THE VICTIM, AND COMPENSATION IS THE KEY. THIRD, THE RANGE OF REMEDIES AVAILABLE UNDER THE CRIMINAL SYSTEM TO REHABILITATE THE ABUSER IS LIMITED. BY FOCUSING ON THE DEFENDANT, THE SYSTEM IGNORES THE POSSIBILITY THAT ALTHOUGH ONE PARENT MAY BE THE ACTIVE ABUSER, THE OTHER IS OFTEN A SILENT SUPPORTER. IN ADDITION, IMPRISONMENT RARELY RESULTS IN REHABILITATION OF THE ABUSER; IT SERVES TO FURTHER ISOLATE THE PARENTS FROM DESPERATELY NEEDED REHABILITATIVE SERVICES WITHIN THE COMMUNITY. FINALLY, FOCUS ON THE DEFENDANT RESULTS IN FAILURE TO DEAL WITH THE PROBLEMS OF THE VICTIM. THEREFORE, THE CIVIL SYSTEM, IN WHICH DECISIONS ARE BASED UPON ACCOMMODATION OF CONFLICTING INTERESTS, OFFERS A BETTER, MORE EFFICIENT ALTERNATIVE. IN ADDITION, CIVIL COURTS REQUIRE LOWER STANDARDS OF PROOF OF ABUSE OR NEGLECT, AND FEWER PROCEDURAL REQUIREMENTS OF DUE PROCESS WHICH TEND TO DISCOURAGE INTERVENTION BY THIRD PARTIES WHO SUSPECT EXISTENCE OF THE CHILD ABUSE PROBLEM. REFERENCES ARE INCLUDED. (LWM)