Over the past 20 years there has been a steady decriminalization of child abuse and neglect. Social services have been expanded and substituted for criminal prosecution as society's primary response to child abuse and neglect. Nationwide, fewer than 5 percent of a 11 substantiated cases of child maltreatment result in criminal prosecutions. Although social services have helped many maltreated children, their inability to protect many others has led some to argue that the criminal justice system should play a larger role. However, others argue that more prosecutions are not possible because in most cases of child maltreatment a number of factors militate against arrest and criminal prosecution. Two policy questions emerge: What factors explain why only 5 percent of all cases are prosecuted? And, are the right 5 percent being prosecuted? This article describes the criminal justice system's important role in protecting maltreated children through case finding and reporting, assisting child protective agencies, investigating cases, placing children in protective custody, arresting perpetrators, and prosecuting offenders. It also describes the factors that police and prosecutors should consider in taking these discretionary actions. Particular attention is paid to the factors that determine when the police pursue a child abuse case and how they do so. 232 footnotes and appended supplementary data. (Author abstract modified)