NCJ Number
48572
Journal
Prosecutor Volume: 13 Issue: 5 Dated: (MAY/JUNE 1978) Pages: 345-348
Date Published
1978
Length
4 pages
Annotation
RECOGNIZING THE CHILD ABUSE HOMICIDE, ASSESSING RESPONSIBILITY FOR THE CRIME, HOMICIDE BY OMISSION, PROVING THE CASE, AND ACCEPTANCE OF THE BATTERED SYNDROME ARE THE SUBJECTS CONSIDERED.
Abstract
IN DETERMINING A CHILD ABUSE DEATH, THE MEDICAL INVESTIGATION MUST ELIMINATE ALL POSSIBILITIES OF ACCIDENTAL OR NATURAL DEATH. THE CHILD'S BODY SHOULD BE THOROUGHLY X-RAYED TO DETERMINE FRACTURES AND THE NATURE OF THE FORCE APPLIED TO CAUSE THEM. THE PROSECUTORIAL DECISION IN ASSESSING CRIMINAL RESPONSIBILITY IN A CHILD ABUSE DEATH IS COMPLICATED BY THE RULES OF EVIDENCE DESIGNED TO PROTECT THE FAMILY UNIT. A SPOUSE MAY WISH TO EXERCISE A MARITAL PRIVILEGE BY NOT TESTIFYING AGAINST THE DEFENDANT SPOUSE, AND THE DEFENDANT MAY BENEFIT BY A DISQUALIFICATION REGARDING PRIVATE COMMUNICATIONS WITH A SPOUSE. PROSECUTORS SHOULD CONSIDER PREPARING LEGISLATION TO MAKE THESE EVIDENTIARY RULES INAPPLICABLE IN THE PROSECUTION OF INTRAFAMILY CHILD ABUSE CASES. THE ASSESSMENT OF CRIMINAL RESPONSIBILITY BETWEEN TWO MEMBERS OF A FAMILY UNIT IS PROBLEMATIC, PARTICULARLY WHERE ONE PARTY HAS NOT BEEN DIRECTLY INVOLVED IN THE CHILD'S DEATH. IN MOBLEY V. STATE, HOWEVER, IT WAS RULED THAT MERE PRESENCE OF AN ACCUSED AT THE CRIME IS INSUFFICIENT TO PROVE GUILT; GUILT OF THE ACCUSED MAY BE INFERRED IF THE FACTS INDICATE THE DEFENDANT'S PRESENCE AND CONDUCT ENCOURAGED SOMEONE ELSE TO COMMIT THE CRIME. THE PRESENTATION OF THE CRIME AS A JOINT ENTERPRISE BETWEEN THE ADULT CUSTODIANS IS A REALISTIC SOLUTION TO THE PROBLEM OF ASSESSING CRIMINAL RESPONSIBILITY. THIS IS POSSIBLE DUE TO THE LEGAL CONCEPT OF HOMICIDE BY OMISSION WHICH IS DISCUSSED. THE DEGREE OF RESPONSIBILITY IS THE SAME AS FOR ANY OTHER MURDER. IN ORDER TO DISTINGUISH CHILD ABUSE HOMICIDES FROM OTHER HOMICIDES, THE PROSECUTOR MUST RECOGNIZE AND DEVELOP EVIDENCE CONSIDERED INADMISSIBLE OR INCONSEQUENTIAL IN OTHER HOMICIDE CASES. THE AGE OF THE CHILD AND THE NATURE OF THE INJURIES CAN INFER CAUSATION BY CUSTODIAL CONTROL, PARTICULARLY IF THE PARENTS' EXPLANATION OF CAUSE OF DEATH IS PROVEN FALSE BY MEDICAL EVIDENCE. THE USE OF TESTIMONY CONCERNING PRIOR INCIDENTS OF INJURY OR VIOLENCE TO A CHILD BY A DEFENDANT SHOULD BE CONSIDERED BY THE PROSECUTION. THE LEGAL ISSUES OF BATTERED CHILD SYNDROME AND THE EVIDENCE OF BATTERING PARENT SYNDROME ARE EXAMINED. REFERENCES ARE PROVIDED. (RCB)