skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 51441 Find in a Library
Title: MEDICALIZATION AND LEGISLATION OF CHILD ABUSE
Journal: AMERICAN JOURNAL OF ORTHOPSYCHIATRY  Volume:48  Issue:4  Dated:(OCTOBER 1978)  Pages:593-607
Author(s): E H NEWBERGER; R BOURNE
Corporate Author: American Orthopsychiatric Assoc, Inc
United States of America
Date Published: 1978
Page Count: 15
Sponsoring Agency: American Orthopsychiatric Assoc, Inc
New York, NY 10011
Childrens Hospital Medical Ctr
Boston, MA 02115
Grant Number: OCD-CB-141
Sale Source: Childrens Hospital Medical Ctr
Director, Family Development Study
300 Longwood Avenue
Boston, MA 02115
United States of America
Language: English
Country: United States of America
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)
Index Term(s): Attorney client relations; Attorneys; Child abuse; Critiques; Involuntary treatment; Juvenile dependency and neglect; Medicolegal considerations; Treatment
Note: PRESENTED, IN PART, AT THE SECOND WORLD CONFERENCE OF THE INTERNATIONAL SOCIETY ON FAMILY LAW, JUNE 1977, IN MONTREAL
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51441

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.