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Justice System for Juvenile Victims: A Comprehensive Model of Case Flow

NCJ Number
209384
Journal
Trauma, Violence, & Abuse Volume: 6 Issue: 2 Dated: April 2005 Pages: 83-102
Author(s)
David Finkelhor; Theodore P. Cross; Elise N. Cantor
Date Published
April 2005
Length
20 pages
Annotation
After proposing a de facto justice system for juvenile victims, this article quantifies the case flow through its various components and identifies the system activities most likely to affect victims.
Abstract
In addition to the system that processes young offenders who have committed crimes or status offenses, there is a parallel de facto system that responds to young victims of crime and violence; this might be called the "juvenile victim justice system." This system is a complex set of agencies that encompasses two distinct subsystems: the criminal justice system and child protection system (CPS). Although these subsystems focus on crime and child maltreatment, respectively, their domains overlap, particularly when the offenses involve physical and sexual abuse. This article reviews each step in the case flow process for the child protection and criminal justice components. At each step, the authors review the research evidence for the proportion of cases that follow a path. The implications of this case flow are discussed regarding understanding and improving the response to child victims. For the child protection system, the steps discussed are screening, the child maltreatment investigation, CPS referral to police and prosecutors, the medical examination, substantiation of child maltreatment, court hearing, out-of-home placement, reunification, and termination of parental rights. Stages of the criminal justice system are the investigation, arrest, victim compensation, decision to prosecute, plea negotiations, and sentencing. The authors argue that more professionals must become involved in a study of the system in its entirety, so they can guide victims, families, and other professionals through its complexities. More integration and rationalization of the system is also needed. 1 table, 1 figure, and 63 references