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1.
OBJECTIVE: This is an exploratory study that describes the process and outcomes of a Midwestern US community's approach to case management of child sexual abuse. METHOD: Data were abstracted from 323 criminal court files. Specific information gathered included child and suspect demographic data, law enforcement and CPS involvement, child disclosure patterns and caretaker responses, offender confession, offender plea, trial and child testimony information, and sentences received by offenders. Both case process and outcome variables were examined. RESULTS: In this community, criminal court records reflect a sex offense confession rate of 64% and a sex offense plea rate of 70%. Only 15 cases went to trial and in six the offender was convicted. CONCLUSION: Communities can achieve successful outcomes when criminal prosecution of sexual abuse is sought, but the child's testimony is not necessarily the centerpiece of a successful case. In this study, desired outcomes were a consequence of the collaborative efforts of law enforcement, CPS, and the prosecutor's office, which resulted in a high confession and plea rate. 相似文献
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OBJECTIVE: To collect and compare the results of medical, child protective, and law enforcement evaluation of a sample of Maine children who were victims of abusive head trauma (AHT) in order to describe the clinical and evaluative characteristics as they relate to victims, families and perpetrators of such trauma and to improve the professional response to AHT in Maine.METHOD: Retrospective chart review of medical, child protective, and law enforcement records of all AHT victims admitted to two tertiary care hospitals in Maine or seen by the state medical examiner from 1991 to 1994.RESULTS: Nineteen children (age range 2 weeks to 17 months) were identified as victims of AHT (out of a total of 94 head trauma admissions) accounting for 20 hospitalizations during the study period. There was a history of prior injury in 30%, history of prior medical evaluations for possibly abuse related problems in 65%, while, on presentation, 75% had evidence or history of prior injury. The hospitals notified child protective services (CPS) in all 20 cases and correctly identified abuse in 18 (90%). Parental risk factors for abuse identified in CPS records included substance abuse (53%), domestic violence (42%), criminal history (32%), unrealistic expectations (42%), and attachment problems (32%). However, risk factors were inadequately assessed in 53% of homes. Law enforcement identified a likely perpetrator in 79% of cases and in the majority the identified suspect was the father. In the 15 cases where a perpetrator was identified by law enforcement, that person was alone with the child at symptom onset in 14 (93%).CONCLUSIONS: The medical response, at least at the inpatient level, was generally well done with regard to suspicion and reporting. Cases are possibly being missed at the outpatient level. Child protective risk assessment was limited overall yet in a third of the homes where AHT occurred, few if any risk factors were present to aid in identification and prevention. Law enforcement results suggest that a primary suspect for AHT is the caretaker alone with the child at the time of symptom onset. 相似文献
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OBJECTIVE: The present study concerns types of attorney representation for maltreated children involved in juvenile court actions in the state of California. The aims of the research were to document the different types of representation used in dependency cases in 2000 (e.g., public defender, District Attorney, private firms) and to evaluate these types of representation with respect to children's experiences in foster care. METHODS: Every county in California was surveyed about the predominant type of legal representation used in their dependency court system. In addition, data on children's experiences in foster care were obtained from the Child Welfare System/Child Management System (CWS/CMS). RESULTS: Findings indicate that, in the majority of counties in California, children were represented by the public defender's office or by a panel of court-appointed attorneys. Approximately equal numbers of counties employed county-affiliated (i.e., District Attorney, public defender, county counsel) and independent (i.e., private firm, panel of court-appointed attorneys) types of representation (47% and 52%, respectively). Further analyses suggested that children in counties employing independent types of representation tended to experience fewer foster-care placements than did children in counties employing county-affiliated types of representation. This relation remained significant when potentially confounding variables were statistically controlled. CONCLUSION: Results indicated that some types of representation, specifically, private firms and court-appointed attorneys, were associated with one better outcome for children. 相似文献
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Using information extracted from child protective services and criminal court records, this research examines the extent and nature of dependency and criminal filings in 833 substantiated intrafamilial child abuse and neglect cases reported in Denver (CO), Los Angeles (CA), and Newcastle (DE) Counties in 1985-1986. Techniques of chi-square and discriminant analyses were used to identify factors associated with dependency and criminal filings. Results indicate that legal intervention is rare: Dependency filings and prosecutions occur in just 21% and 4% of the sample, respectively, although treatment plan development and out-of-home placement of the child occur in approximately 75% and 50% of the sample, respectively. Eighty percent of cases with criminal filings proceed to trial or plea bargaining, with 92% resulting in conviction. Bivariate analyses indicate cases involving abandonment, sexual abuse, frequent maltreatment, and severe maltreatment are most likely to result in an initial dependency filing, while cases involving sexual abuse, severe maltreatment, a nonparent perpetrator, an ethnic minority perpetrator, a female victim, and a victim aged 7-12 years are most likely to result in a criminal filing. The multivariate analyses show the primary predictor of both dependency and criminal filings is whether the case involved sexual abuse. This finding reflects the widespread public and professional attention child sexual abuse has received in recent years. 相似文献
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BackgroundDespite reporting legislation, healthcare providers (HCPs) do not always report and collaborate in cases of suspected child abuse. Recognizing this leaves children at risk, the Wisconsin Child Abuse Network (WI CAN) sought to understand barriers to mandated reporting and collaboration with child abuse investigators.ObjectiveThe purpose of the study was to investigate barriers for professionals in providing and obtaining high-quality medical information in child abuse investigations.Participants and settingParticipants included five discipline-specific focus groups: HCPs, child protective services (CPS), law enforcement, lawyers, and judges. All professionals had been directly involved in Wisconsin child abuse cases.MethodsThis qualitative study consisted of discipline-specific focus groups, directed by open-ended interview questions. Data analysis was completed through the narrative inquiry methodology.ResultsBarriers to providing and obtaining high-quality medical information in child abuse investigations were both discipline-specific and universal amongst all groups. Discipline-specific barriers included: HCPs’ discomfort with uncertainty; CPS’ perception of disrespect and mistrust by HCPs; law enforcement’s concerns with HCPs’ overstepping professional boundaries; lawyers’ concern of HCPs’ discomfort with court proceedings; and judges’ perception of a lack of understanding between all disciplines. Universal barriers included: value of high-quality medical information in child abuse investigations, burden of time and money; unequal resources between counties; a need for protocols, and a need for interdisciplinary collaboration.ConclusionFindings from this study suggest several ways to address identified barriers. Possible interventions include equalizing resources between urban and rural counties (specifically financial resources and access to child abuse experts); protocolizing reporting and investigations; and, increasing interprofessional education. 相似文献
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Re-referral to child protective services: the influence of child, family, and case characteristics on risk status 总被引：2，自引：0，他引：2
INTRODUCTION: This study examines child, family, and case characteristics that impact rates of re-referral to Child Protective Services (CPS) using data on all closed CPS investigations for the state of Rhode Island between 2001 and 2004. METHOD: A longitudinal dataset of all referrals to CPS was created using state submissions to the National Child Abuse and Neglect Data System (NCANDS). After excluding children whose initial CPS investigation resulted in removal from the home, a Cox proportional hazards model was tested to examine factors impacting the likelihood of re-referral. RESULTS: Consistent with other research in this area, the initial 6-month period following case disposition is the period of greatest risk of re-referral. Approximately 13% of cases experienced a recurrent allegation during the first 6-month period; an additional 14% experienced a re-referral over the following 12-month period; 7% during the next 12-month period. Family poverty was the strongest predictor of re-referral, though a number of child and case characteristics were significantly related to recurrence. Cases that were substantiated at index were significantly less likely to result in a new allegation, though substantiated cases of physical abuse or those receiving post-investigation services were at higher risk. CONCLUSIONS: Children from families facing multiple stressors (e.g., low SES, parental substance abuse child disability) are at highest risk of re-referral to CPS and may benefit from the development of preventive services targeted immediately following case closings within CPS. 相似文献
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杨玉豪 《五邑大学学报(社会科学版)》2005,7(1):21-25
在司法实践中经常发生潜规则侵入法律运作过程的情形，其主要原由在于司法体制的行政化运作和法律主体追求利益最大化。只有建构外部独立于立法权和行政权、内部独立于上级法院和法院行政长官的司法体制，使法律在封闭的环境下运作，堵住潜规则的入侵，才能消除其对法律运作的影响。 相似文献
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Craig Hemmens 《Journal of Criminal Justice Education》2016,27(4):497-508
The law plays an important role in society generally and the criminal justice system in particular. Without the law there would be nothing for the police to enforce and no need for courts to adjudicate offenders and impose criminal sanctions. But while the significance of the law and, by implication the courts wherein the law is enforced, is great, the academic discipline of criminal justice has not given law and courts the attention they deserve, either in the classroom or research. In this essay I lay out the case for why the teaching and study of law and courts is so important to academic criminal justice, and how the discipline has failed its students and the public in the way it deals with the law and courts. 相似文献
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The extent, nature, and validity of sexual abuse allegations in custody/visitation disputes 总被引：1，自引：0，他引：1
Using information from mail and telephone surveys and personal interviews with legal and mental health professionals who deal with child abuse cases, and empirical data from 12 domestic relations courts throughout the United States, the study concludes that only a small proportion of contested custody and visitation cases involve sexual abuse allegations. Records maintained by family court workers place the figure at less than 2%. A sample of 169 cases for which data were gathered from court counselors, family court, and CPS agency files also found that accusations were brought by mothers (67%) and fathers (28%) and third parties (11%). Fathers were accused in 51% of all cases, but allegations were also made against mothers, mothers' new partners, and extended family members. In the 129 cases for which a determination of the validity of the allegation was available, 50% were found to involve abuse, 33% were found to involve no abuse, and 17% resulted in an indeterminate ruling. Four factors were significantly associated with the perceived validity of the abuse report: age of the victim, frequency of the alleged abuse, prior abuse/neglect reports, and the amount of time elapsing between filing for divorce and the emergence of the allegation. 相似文献
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OBJECTIVE: Child abuse in the context of legal and de facto marital breakdown has received little attention internationally. Many believe it does not exist in this context and regard it as just a "gambit in the divorce wars." Recently, however, family courts in a number of countries have become concerned over the management of child abuse allegations in custody and access cases, known more commonly now as residence and contact cases. This article presents a unique research study, which investigated how the Family Court of Australia dealt with such cases. The study, covering all forms of child abuse, sought to discover who were the families bringing these problems to family courts, what precisely the abuse was and how the courts dealt with it. METHOD: The study reviewed court records of some 200 families where child abuse allegations had been made in custody and access disputes in jurisdictions in two states, observed court proceedings and interviewed court and related services' staff. RESULTS: The findings showed that these cases had become a core component of the court's workload without any public or professional awareness of this change, that the abuse was real, that it was severe and serious, and that the courts and child protection services did not provide appropriate services to the families. CONCLUSION: A new specialized intervention system was developed based on the research and it is now being trialed and evaluated. The new intervention system contains features derived from the research findings that may be suitable internationally for implementation. 相似文献
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OBJECTIVE: The purpose of this study was to determine which factors were significantly associated with court outcomes for drug exposed infants in dependency court. METHOD: A longitudinal study of 118 drug exposed infant social services and juvenile court files of petitioned cases through all court hearings, using chi-squares and logistic regressions data analysis. RESULTS: There was an overrepresentation of minority mothers who were poor, unemployed, undereducated, and single, with prior referrals to the dependency system and criminal records. The chi-square analysis suggested that variables such as ethnicity, past referrals, and criminal record were significantly associated with court outcomes for all hearings, with minority cases less likely to receive family maintenance orders, and more likely to have their children placed out of home. The regression analysis however showed a different pattern. Ethnicity and prior referrals disappeared as significant risk factors altogether. Only at the initial dispositional hearing did a criminal record significantly influence court decisions. In subsequent hearings, mothers' compliance with court orders and attending court hearings became the significant factors associated with court outcomes. CONCLUSIONS: Mothers' behavior was more important for court outcomes than ethnicity, past referrals, and criminal record. It is therefore imperative that mothers are motivated to successfully comply with court orders by offering culturally appropriate services and facilitating attendance at court hearings. 相似文献
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ObjectivesTo characterize the changes regarding the diagnosis of physical abuse provided to Child Protective Services (CPS) when CPS asks a Child Abuse Pediatrics (CAP) specialty group for a second opinion and works in concert with that CAP group.MethodsSubjects were reported to CPS for suspected physical abuse and were first evaluated by a physician without specialized training in Child Abuse Pediatrics (non-CAP physician). Subjects were then referred to the area's only Child Abuse Pediatrics (CAP physician) group, located in a large metropolitan pediatrics center in the United States, for further evaluation. The diagnoses regarding abuse provided by CAP physicians working in concert with CPS were compared to those provided to CPS by other physicians.ResultsTwo hundred consecutive patients were included in the study. In 85 (42.5%) cases, non-CAP physicians did not provide a diagnosis regarding abuse, despite initiating the abuse report to CPS or being asked by CPS to evaluate the child for physical abuse. Of the remaining 115 cases, the diagnosis regarding abuse differed between non-CAP physicians and CAP physicians working in concert with CPS in 49 cases (42.6%; κ = .14; 95% CI, ?.02, .29). In 40 of the 49 cases (81.6%), CAP assessments indicated less concern for abuse when compared to non-CAP assessments. Differences in diagnosis were three times more likely in children from a nonurban location (OR 3.24; 95% CI, 1.01, 11.36).ConclusionsIn many cases of possible child physical abuse, non-CAP providers do not provide CPS with a diagnosis regarding abuse despite initiating the abuse investigation or being consulted by CPS for an abuse evaluation. CPS consultation with a CAP specialty group as a second opinion, along with continued information exchange and team collaboration, frequently results in a different diagnosis regarding abuse. Non-CAP providers may not have time, resources, or expertise to provide CPS with appropriate abuse evaluations in all cases.Practice implicationsThough non-CAP providers may appropriately evaluate many cases of physical abuse, the diagnosis regarding abuse provided to CPS may be changed in some cases when CAP physicians are consulted and actively collaborate with CPS investigators. Availability of Child Abuse Pediatrics subspecialty services to investigators is warranted. 相似文献
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马擎宇 《南阳师范学院学报》2011,10(7):8-13
外国法的内容是否得以查明,是我国大陆地区法院在涉外民商事案件审理中是否能够正确适用外国法的前提。当法院受理案件之后,如果按照冲突规范的指引,在排除反致,公共秩序保留,法律规避等制度阻却的前提下,仍然确定应当适用某一外国法作为处理案件争议的准据法时,法院如何认定外国法的性质,又应采用何种途径查明该外国法,在查明外国法后在具体案件中应当如何正确适用等问题,都是我国涉外民事关系法律适用制度中的极为重要的问题。笔者通过对我国大陆地区一些法院涉外民商事案件审判工作的实地调研,运用实证研究的方法,对这些问题做出了分析与探讨,并指出应从有利于司法审判实践的角度对我国的外国法查明制度进行更为深入的完善。 相似文献
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刑事诉讼证人不出庭作证已成为困扰司法的一大因素,证人在审前所做的陈述在法庭上被大量使用,使得控辩式诉讼流于形式。刑事证人出庭率低,除了司法人员的执法水平和证人的观念因素外,最主要的还是法律制度本身不健全,立法上义务与制裁失衡,缺乏对出庭证人的权益保障措施。应当通过提高公民对作证义务的认识,完善对证人的经济补偿和人身保护制度,确立证人特权和豁免规则等来改变刑事证人出庭难的状况。 相似文献
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李妍 《辽宁师范大学学报(社会科学版)》2009,32(4):26-30
目前,我国人民法院内部审判庭分为民事审判庭、刑事审判庭和行政审判庭。税务纠纷案件根据性质不同,分别由上述不同的法庭负责,没有设立专门的税务法院。在十届全国人大的五年立法议事日程中,有关设立税务法院的提议被列入《税收基本法》的起草工作,成为学界关注的焦点。通过对国外税务法院制度的介绍,综合国内主张设立税务法院的理论依据,对是否设立税务法院问题做一探讨。 相似文献
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BackgroundIn sexual assault cases, little research has examined differences in forensic medical findings and law enforcement response by victim age across the entire age range.ObjectiveThis study addressed this gap by comparing four victim age groups: adults, adolescents over the age of consent, adolescents under the age of consent, and children under 12.Participants and settingCases were randomly sampled from a statewide database of medical reports on sexual assault examinations conducted in hospital emergency departments, including only cases reported to law enforcement (N = 563).MethodsData were combined from a medical report database, from coding of medical documentation and crime laboratory reports, and from case data provided by law enforcement.ResultsRates for both younger and older adolescent victims and adult victims were comparable, with no statistically significant differences on most variables: penetration, perpetrator use of force, non-genital and genital injuries, presence of biological evidence, generating assailant DNA profiles, DNA match to suspect, hits in the FBI’s DNA database, and law enforcement unfounding (i.e., determining allegations to be false or baseless). Child victims were significantly less likely to have a non-genital injury, and their cases were significantly more likely to be founded by law enforcement. Arrests were significantly more likely when victims were under the age of consent.ConclusionsDespite significant differences by victim age, similarity between adolescent and adult cases was substantial. Both younger and older adolescents may be at higher risk of physical violence during sexual assault than previously recognized, and need greater attention in response systems. 相似文献
18.
OBJECTIVE: Data from two independent studies is presented, representing the investigators' ongoing work with faculty from a state criminal justice academy to analyze existing knowledge and skill levels among veteran law enforcement officers and recruits, as well as to enhance future training. METHOD: Through an anonymous questionnaire, the first of these studies examined officers' perceptions of maltreatment, including those factors that do and do not influence a determination of whether a particular act constitutes child maltreatment and assessments of whether particular acts constitute abuse or neglect. The second study also utilized an anonymous questionnaire to examine officers' knowledge of the developmental strengths and limitations of children relative to their ability to provide accurate information in suspected cases of child maltreatment. RESULTS: As hypothesized, several gaps both in law enforcement officers' knowledge of certain characteristics that can serve to denote a case of maltreatment and their knowledge of fundamental developmental issues and interview techniques that could assist them in the performance of their professional duties are identified. CONCLUSIONS: Suggestions for enhanced law enforcement training programs are presented and discussed. 相似文献
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周旭璐 《山西大学师范学院学报》2010,(6):31-34
在世界各国现有的宪法审查制度中,抽象审查占据重要的地位。宪法抽象审查的源头可以追溯至奥地利1920年宪法,首创了宪法法院负责实施法律之合宪性审查,但直到二战后宪法抽象审查才在欧洲大陆国家被继承开来,德国现行宪法确立了联邦和州两级宪法法院专门审查法律法规的合宪性的模式,法国确立了由宪法委员会进行的宪法审查模式,并且在审查机制上呈现出一种与具体案件裁决无涉的独有特色的抽象审查程序。 相似文献
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BackgroundTo provide effective tailor made case management in Child Protection Services (CPS) a insight is needed into the specific characteristics of the target group. Using the ecological perspective of maltreatment, this study explored poorly known characteristics of the CPS population.ObjectiveTo distinguish CPS subgroups based on risk and protective factors enables tailor made case management that fits the specific needs of these subgroups.Participants and settingWe studied 250 Dutch CPS cases of family supervision by court order that had completed the LIRIK and Action Plan checklists in August 2014–March 2015.MethodsThis quantitative study analyzed risk and protective factors for children and parents reported in client files. Subgroups were identified by two-step cluster analyses. Chi-square analyses identified relations between parental risk subgroups and other groups.ResultsBuilding on the interplay between risk and protective factors on the levels of child, parent and environment, we found five distinct subgroups in the CPS population. The most vulnerable is parents with multiple problems (31%) or socio-economic problems (13%). Parts of both subgroup have limited protective factors. Parents with major life events (16%) or poor parenting (13%) are characterized by single-level problems. One subgroup (28%), the unaccepted, has no parental risk factors registered.ConclusionsStudying client files can lead to a better understanding of the healthcare needs of the CPS population. To develop and implement more effective case management requires constant dialogue between science, policy, and the experiences of both clients and professional. 相似文献