NCJ Number
123386
Journal
Juvenile and Family Court Journal Volume: 41 Issue: 1 Dated: (1990) Pages: 39-45
Date Published
1990
Length
7 pages
Annotation
In wake of the sharp increase in child abuse cases in the 1980's, this article focuses primarily on the problems that arise when two or more court systems are simultaneously involved in the same case.
Abstract
Child abuse cases often involve all three court systems: juvenile, family, and criminal -- each having been assigned to a different aspect of the problem. The family court is designed to resolve family realignment issues; the juvenile court serves to protect children from parental abuse and neglect; and the criminal court prosecutes alleged child abusers. Each court system differs in its rules for admission of evidence and power of enforcement, but these rules are not always clear. Often what occurs is an unnecessary duplication of efforts, conflicting orders, and great trauma to the victims. A 1988 report from the California Attorney General's Office recommended that the functions of the family and juvenile courts be consolidated in a new Superior Court, while criminal prosecution remain a matter for the criminal court. Other recommendations include video-taped testimony from child victims and abolishment of the practice of each court conducting its own medical and psychological examinations. The emphasis should always be on serving the best interests of the child victim and reducing the trauma caused by court proceedings. 14 references.