NCJ Number: 49045
Title: DISTRICT ATTORNEY (FROM HELPING THE BATTERED CHILD AND HIS FAMILY, 1972, BY C HENRY KEMPE AND RAY E HELFER - SEE NCJ-15310)
Author(s): R ALLOTT
Corporate Author: J B Lippincott
Date Published: 1972
Page Count: 12
Sponsoring Agency: J B Lippincott
Format: Document
Language: English
Country: United States of America
Annotation: THE EL PASO COUNTY, COLO., DISTRICT ATTORNEY'S OFFICE PROCEDURES FOR HANDLING CHILD ABUSE CASES ARE DISCUSSED, AND THE FACTS AND RULINGS IN MAJOR CHILD ABUSE CASES ARE SUMMARIZED.
Abstract: IN CHILD ABUSE CASES, THE DISTRICT ATTORNEY OFTEN IS CAUGHT BETWEEN PUBLIC DEMANDS FOR PROSECUTION OF THE ABUSER AND THE KNOWLEDGE THAT FULL PROSECUTION MAY NEITHER PROTECT THE CHILD FROM FURTHER ABUSE NOR REHABILITATE THE ABUSER. WHEN A CHILD HAS DIED OR THERE IS EVIDENCE OF REPEATED ABUSE OVER A PROLONGED PERIOD OF TIME, THE DISTRICT ATTORNEY MAY FIND IT NECESSARY TO PROCEED WITH A COMPLETE CRIMINAL TRIAL. IN OTHER CASES, THERE ARE ALTERNATIVES FOR PROTECTING THE CHILD AND FOR ATTEMPTING TO REHABILITATE THE ABUSER. THE EL PASO COUNTY DISTRICT ATTORNEY'S OFFICE ASSIGNS TOP PRIORITY TO THE PROTECTION OF THE ABUSED CHILD AND MAKES THIS PRIORITY WELL KNOWN TO THE WELFARE DEPARTMENT, SHERIFF, POLICE, PHYSICIANS, HOSPITALS, AND JUVENILE COURTS. THE DISTRICT ATTORNEY'S OFFICE ATTEMPTS TO COORDINATE THE ACTIVITIES OF THE MANY AGENCIES INVOLVED IN EACH CASE, DIRECTING PARTICULAR ATTENTION TO REDUCING THE TENDENCY OF POLICE AND WELFARE AGENCIES TO WORK IN OPPOSITE DIRECTIONS. EMPHASIS IS PLACED ON THOROUGH, IMPARTIAL INVESTIGATIONS OF ALL CHILD ABUSE CASES, AND THE DISTRICT ATTORNEY'S OFFICE INSISTS ON PROMPT REPORTS FROM THE WELFARE DEPARTMENT, HOSPITALS, AND PHYSICIANS. ONCE A CASE HAS BEEN INVESTIGATED AND TEMPORARY MEASURES HAVE BEEN TAKEN TO PROTECT THE CHILD, A DECISION IS REACHED ON HOW TO PROCEED TOWARD FINAL DISPOSITION. USUALLY THE DECISION IS MADE IN CONJUNCTION WITH THE CHILD WELFARE AGENCY, WHICH HAS THE ULTIMATE RESPONSIBILITY FOR PROTECTING THE CHILD. CONSIDERATIONS INCLUDE THE AVAILABILITY OF FACILITIES AND FINANCIAL RESOURCES FOR TREATMENT OF THE ABUSER, THE ABUSER'S ATTITUDE, THE NATURE OF THE BEATING, PREVIOUS TREATMENT OF THE ABUSER, WHETHER THE CHILD CAN BE PROTECTED AND CARED FOR WHILE THE ABUSER IS BEING TREATED, AND THE POSSIBILITY OF IMPOSING COURT SUPERVISION. AT TIMES THE FILING OR POTENTIAL FILING OF CRIMINAL CHARGES IS USED TO ENCOURAGE ABUSIVE PARENTS TO UNDERGO TREATMENT. WHEN THERE IS A DECISION TO PROSECUTE A CASE, CERTAIN LEGAL DIFFICULTIES MUST BE OVERCOME. FOR EXAMPLE, IN MOST CHILD ABUSE CASES THE CORPUS DELICTI PRESENTS A MAJOR PROBLEM FOR THE PROSECUTION BECAUSE DEFENDANTS GENERALLY CLAIM THAT THE INJURIES TO THE CHILD HAPPENED ACCIDENTALLY. COURT CASES OF INTEREST TO DISTRICT ATTORNEYS IN THE PROSECUTION OF CHILD ABUSE CASES ARE CITED. BRIEFS OF MAJOR CASES ARE PROVIDED. (LKM)
Index Term(s): Child abuse; Colorado; District attorneys; Judicial decisions; Prosecution
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