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Parental Kidnapping, Domestic Violence and Child Abuse: Changing Legal Responses to Related Violence

NCJ Number
161800
Author(s)
E J Klain
Date Published
1995
Length
55 pages
Annotation
This booklet provides guidance for the formulation of a legal response to domestic violence and child abuse and their effects on the incidence of parental kidnapping.
Abstract
The author advises that the criminal justice system must address the relationship among domestic violence, child abuse, and parental kidnapping. Specialized prosecution units should be established to handle these interconnected crimes. The provision of regular training to specialized personnel will increase sensitivity and provide improved victim advocacy and support. Steps to empower the abused parent to protect herself and her children from abuse can be invaluable at the same time the prosecutor is consistently applying criminal statutes. This may include guidance in the institution of civil proceedings. Prosecutor and law enforcement officers should not limit themselves to after-the-fact investigations. Criminal parental kidnapping cases by their very nature involve family issues. Prosecutors can advocate communitywide responses to family violence, prevention strategies, increased resources for support services, custody law reform, and uniformity in criminal statutes. Parental kidnapping cases should be pursued regardless of allegations of other family violence; but in those cases when life on the run is better than the life a child can expect at home, or when a child is used to manipulate the other parent, the criminal justice system should develop appropriate responses that take into account individual circumstances as well as the seriousness of the crime of parental kidnapping. 73 references and appended listings of State-by-State related statute numbers

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