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NCJ Number: 50258 Find in a Library
Title: BATTERING PARENT, THE COMMUNITY, AND THE LAW
Journal: APPLIED SOCIAL STUDIES  Volume:3  Issue:2  Dated:(1971)  Pages:65-80
Author(s): C LOW
Corporate Author: Wynn Williams Ltd
United Kingdom
Date Published: 1971
Page Count: 16
Sponsoring Agency: Wynn Williams Ltd
England
Format: Article
Language: English
Country: United Kingdom
Annotation: LEGAL ISSUES ASSOCIATED WITH THE PROBLEM OF BATTERED BABIES IN ENGLAND ARE ADDRESSED, PARTICULARLY THE ARRAY OF CHARGES THE PROSECUTION MAY HAVE AT ITS DISPOSAL AND STRATEGIES AVAILABLE TO THE DEFENSE.
Abstract: SEVEN COURSES THAT MAY BE AVAILABLE TO THE PROSECUTION ARE DETAILED: MURDER, ATTEMPTED MURDER, INFANTICIDE, MANSLAUGHTER, VARIOUS OFFENSES UNDER SECTION 18 AND SECTION 20 OF THE OFFENCES AGAINST THE PERSON ACT OF 1861 IN ENGLAND, ASSAULT OCCASIONING ACTUAL BODILY HARM, AND STATUTORY OFFENSES OF CRUELTY AND NEGLECT. THREE OPTIONS OPEN TO THE DEFENSE ARE DESCRIBED: DIMINISHED RESPONSIBILITY, PROVOCATION, AND ACCIDENT. THE SENTENCE A COURT IS LIKELY TO IMPOSE DEPENDS ON INSTITUTIONAL FACTORS SUCH AS THE TYPE OF COURT TRYING THE CASE AND THE OFFENSE FOR WHICH THE ACCUSED IS CONVICTED AND ON CIRCUMSTANCES RELATING TO THE PARTICULAR CASE SUCH AS THE GRAVITY OF THE OFFENSE, THE OFFENDER'S HISTORY, AND THE OFFENDER'S AGE. IN VIEW OF THE HIGH INCIDENCE OF REBATTERING, IT IS CONCLUDED THAT COURTS, WHETHER EXERCISING CRIMINAL OR CIVIL JURISDICTION, MUST SERIOUSLY CONSIDER THE ISSUE OF SEPARATING PARENTS AND CHILDREN. DOCTORS, BESET BY CONFLICTING PRESSURES OF LOYALITY TO THE PATIENT, CONFIDENTIALITY AND PROFESSIONAL ETHICS ON THE ONE HAND AND A DUTY TO THE CHILD AND SOCIETY ON THE OTHER NEED A FIRM RULING CONCERNING THEIR OBLIGATION TO REPORT NONACCIDENTAL INJURIES. THE SOCIAL ASPECTS OF REPORTING CASES OF CHILD ABUSE ARE DISCUSSED. REFERENCES ARE INCLUDED. (DEP)
Index Term(s): Child abuse; Defense preparation; England; Prosecution; Sentencing/Sanctions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50258

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