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Child Abuse: Victim's Race and Prosecution, Is There a Correlation?

NCJ Number
217288
Journal
Hamline Journal of Public Law & Policy Volume: 28 Issue: 1 Dated: Fall 2006 Pages: 131-140
Author(s)
Tomiko D. Mackey
Date Published
2006
Length
10 pages
Annotation
This paper reviews research on the criminal justice system's processing of child abuse and neglect cases, with attention to the victim's race and the broader issue of how neglect cases are handled.
Abstract
Although this study's initial purpose was to examine whether the victim's race influenced prosecution (apparently it did not), it found that type of abuse was the determining factor in prosecution. Even though incidents of neglect are reported and substantiated at higher rates than physical and sexual abuse, there is little research literature on the outcome or disposition of neglect cases. Child fatalities are more likely to be due to neglect and physical abuse than sexual abuse, yet there are fewer people in prison for the crimes of neglect and physical abuse. The author recommends that multidisciplinary teams be assigned to investigate neglect allegations and make decisions about child safety and criminal prosecution. A change in priorities is needed regarding how resources are used for the investigation of various types of child abuse and neglect. Although substantiated cases of child abuse have declined, African-American children continue to be overrepresented. They compose only 15 percent of the U.S. child population but represent nearly 26 percent of substantiated cases of child abuse and neglect; however, White men are more likely to be incarcerated for child abuse and neglect than Black men, because they are more likely than Black men to commit sex crimes against children. An examination of substantiated cases of child abuse revealed that most cases referred by law enforcement and child protection service for prosecution involved sexual abuse allegations, not physical abuse or neglect. More cases of sexual abuse are substantiated for White children. 39 notes