U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

MEDICALIZATION AND LEGISLATION OF CHILD ABUSE

NCJ Number
51441
Journal
American Journal of Orthopsychiatry Volume: 48 Issue: 4 Dated: (OCTOBER 1978) Pages: 593-607
Author(s)
E H NEWBERGER; R BOURNE
Date Published
1978
Length
15 pages
Annotation
THE CONFUSION AND INADEQUACY SURROUNDING MEDICAL AND LEGAL ATTEMPTS TO DEAL WITH CHILD ABUSE ARE ATTRIBUTED TO SOCIAL POLICY CONFLICTS. THESE ARE EXAMINED AND A SERIES OF RECOMMENDATIONS ARE MADE.
Abstract
ALTHOUGH ABUSE OF CHILDREN IS AN ANCIENT PHENOMENON, ONLY RECENTLY HAVE DOCTORS AND LAWYERS RECOGNIZED IT AS A PROBLEM TO BE DIAGNOSED, REPORTED, TREATED AND ADJUDICATED. THIS AWARENESS OF THE PROBLEM IS TRACED AND ITS EFFECT ON TRADITIONALLY TRAINED DOCTORS AND LAWYERS IS EXAMINED. THE MAJOR FACTORS CONTRIBUTING TO UNCERTAIN, DISJOINTED HANDLING OF CHILD ABUSE CASES ARE SAID TO BE OUTGROWTHS OF THE CONFLICT BETWEEN THE COMMON LAW CONCEPT OF FAMILY AUTONOMY AND THE CONCEPT OF COERCIVE INTERVENTION AND THE CONFLICT BETWEEN COMPASSION AND CONTROL. THE PROBLEM OF DEFINING WHICH ACTIONS ARE ACTUALLY ABUSE IS ALSO DISCUSSED. A TABLE PRESENTS POSSIBLE INTERVENTION TECHNIQUES CONSISTENT WITH VARIOUS 'AUTONOMY' VERSUS 'INTERVENTION' AND 'COMPASSION' VERSUS 'CONTROL' POLICIES. CONFLICTS BETWEEN THE MEDICAL AND THE LEGAL PERSPECTIVE ARE EXAMINED. THE SOCIAL FACTORS BEHIND THE CONCENTRATION OF PROSECUTED ABUSE CASES AMONG POOR FAMILIES ARE THEN DISCUSSED AND THE EFFECTS OF LABELING ON THE FAMILY ARE CONSIDERED. SEVERAL GUIDELINES TO IMPROVE THE HANDLING OF CHILD ABUSE CASES ARE SUGGESTED. THESE INCLUDE GREATER SOCIAL SCIENCES TRAINING FOR DOCTORS AND LAWYERS, MORE PRESTIGE AND GREATER INVOLVEMENT IN POLICYMAKING FOR NURSES AND SOCIAL WORKERS WHO DEAL DIRECTLY WITH ABUSE CASES, GREATER ACCESS TO SOCIAL SERVICES FOR POOR FAMILIES, AND GREATER REPRESENTATION OF POOR AND ETHNIC GROUPS IN DECISIONMAKING FORUMS. REFERENCES ARE APPENDED. (GLR)

Downloads

No download available

Availability