Essay, Research Paper
CHILD TESTIMONY IN A CHILD ABUSE CASE
Child abuse is a serious crime; this is a known fact. However, are children always a reliable source of information? Some experts do not think so. The criminal process of a child abuse case is a critical issue, and in some cases, the testimony of a child should be doubted.
Child abuse generally refers to the mistreatment of a child by a parent or other adult. It includes life threatening physical violence, including severe beatings, burns, and strangulation. It also may involve sexual abuse, emotional abuse, and neglect. The number one cause of child abuse is the parents stress. Many who hurt children may only intend to correct them, but do not realize how easily they can be injured.
Everyone must report suspected child abuse because failure to make a report is a misdemeanor and punishable by up to six months in prison and a five hundred dollar fine. However, in most cases, there is little or no evidence of the abuse or the identity of the abuser other than the child s statements. It must be recognized that false accusations of child abuse are harmful to the child because the accused parent is taken out of their life.
The accusatory process of an abuse parent requires critical examination. It begins with a written statement called an information, filed by the prosecutor. It basically states the charges against the accused individual. In response, the court issues an arrest warrant, takes the accused into custody, and fixes bail, which may be $300-$500.
The first court proceeding brings the accused before the court, and they receive notice of charge and their rights. Between the original court appearance and the time of trial, the defendant may agree to plea bargain and reduce the charge. However, if the defendant elects to deny the charge, they go to trial. The defendant is not required to testify. It has been seen that the criminal process and solution to child abuse can be totally ineffective. It may have some effect on the parent being capable of controlling his/her conduct, but its chief value lies in satisfying the community with the fact that justice has been served.
A lawyer s dilemma involves sticking to his own principles, while not exposing the child to further injury. In most cases, however, it is necessary for the child to be interviewed and possibly testify. A child goes through several stages of interviews. First, someone may interview them close to them, such as a family member, teacher, or friend. Then, a doctor or nurse, then a social worker, then a detective, and finally therapists, court investigators, and lawyers may question them.
It has been discovered that children may be led to make false accusations of abuse. They may not give accurate information unless they are asked specific, leading questions. However, some suggestive leading questions can manipulate young children into believing the interviewer s point of view of the events. Even preschoolers are capable of giving accurate testimony, but they are vulnerable to having their testimony and memories distorted to the point where the truth may never be known.
Several factors affect child testimony. The interviewer, for example, automatically assumes what happens and tries to get the child to confirm it. Also, young children are more likely to change answers to the same yes or no question if it is repeated in an interview. In addition, reports can be influenced by stereotypes suggested by the interviewer. When children are asked to think real hard about events they do not remember, they can come to remember, and then describe an event that never occurred. Also, an interviewer may tell a child that another child told about an event and reported that they were there too. Children may also adopt into their own memory ideas that their peers told them. Finally, children generally see adults as all knowing and trustworthy, and this can influence their response to questioning by adults.
Investigators should be required to videotape the interviews of children who may be victims of child abuse. Because all stories, whether they are true or not, tend to change over time, it is necessary to have an interview recorded at the earliest time possible. However, many argue that recording an interview may interfere by guaranteeing unwanted publicity or suggesting distrust. Also, recordings can be flawed, and any event can be affected by the practices of the interviewer. This can include ignoring what the child says that does not agree with the interviewer s assumptions about the events, and encouraging what the child says that does agree. They can also manipulate the child s mind by asking misleading or suggestive questions.
In the McMartin Preschool Case, seven defendants who ran the McMartin Preschool were arrested on suspicion of child abuse. Among these defendants were Peggy McMartin Buckey and her son, Raymond Buckey. They were tried on 52 felony charges after the children at their preschool in Los Angeles made claims of abuse. Fourteen child witnesses testified against them. Some of their most unlikely claims were that the children:
were forced to act in pornographic movies.
saw the mutilation and killing of animals for satanic rituals.
were forced into a coffin and buried.
were forced to watch while Ray Buckey killed a sea turtle by stabbing its shell. (Turtle shells are too tough to be stabbed.)
were taken to Palm Springs in an airplane or hot air balloon, abused, and returned.
were flushed down toilets, traveled through sewers to a place where adults sexually abused them, cleaned them up, then returned.
were taken through trapdoors in the floor of the preschool, through tunnels where they were abused. No tunnels were ever found.
In 1990, seven years after the case began, Mrs. Buckey was acquitted, and the charges against her son were dropped. Juries at two trials had acquitted him on some accounts and deadlocked on others. The New Jersey Supreme Court harshly criticized investigators for using coercive and highly suggestive methods of interviewing the children.
In recent studies, children made errors in reporting details of what they had seen in the studies. The errors were caused by suggestive questioning by an interviewer. The studies indicate that children can be led by a persistent interviewer to change descriptions of events. All of these studies address what has been and will continue to be a critical issue in the investigations of child abuse.
Другие работы по теме:
Child Abuse 6 Essay Research Paper Child
Child Abuse 6 Essay, Research Paper Child Abuse Every day another innoncent American youth is abused by a mother, father, or abusive relative. The figures themselves are startling and can in no way be compromised with any reasoning for them. It seems that Americas parents are amoungst the least qualified to be having chilredn than anyone else in the entire world.
Abortion Abusive Parents Essay Research Paper Abortion
Abortion: Abusive Parents Essay, Research Paper Abortion: Abusive Parents Everyday there are pregnant mothers who abuse drugs and alcohol totally ignoring the living, growing person inside them. Then, when these children are
Abusive Parents Essay Research Paper Abusive ParentsChild
Abusive Parents Essay, Research Paper Abusive Parents Child abuse is a relatively common problem in our society, and it falls into many different forms. It can include physical abuse (broken bones, brain injury, bites, and burns), sexual abuse, psychological abuse, and, most commonly, neglect. It is estimated that 4 million children a year are abused in some manner in the U.S., although probably less than half of all cases that are reported.
Po Essay Research Paper The article Child
Po Essay, Research Paper The article ?Child abuse ?rewires? brain, produces adult problems?, Marilyn Elias, talks about how child abuse and neglect cause brain damage, that may last throughout your adult life. Elias brings up Martin Teicher?s report, published in the journal Cerebrum, which states that the brain changes due to impact of a trauma.
Protecting Our Children Essay Research Paper Protecting
Protecting Our Children Essay, Research Paper Protecting Our Children The overlap between domestic violence and child abuse has been well documented; where one form of family violence exists, there is a likelihood the other
Child Abuse Essay Research Paper Some say
Child Abuse Essay, Research Paper Some say that we must take a look at how child abuse has grown and become apart of society. If they just look into our society’s history maybe they would know that it has always been there, and it has been worse. In early Rome, the father of children had the power to kill, abandon, or even sell his child.
The Guardian Ad Litem Program Essay Research
Paper The Guardian Ad Litem Program represents children who appear in the state courts. These children have not committed any crime but are victims of abuse, neglect or abandonment. The program is comprised of volunteers who represent children in the courts, making sure they do not become victims of “the system”.
Sexual Abuse Essay Research Paper The clearinghouse
Sexual Abuse Essay, Research Paper The clearinghouse on child abuse and neglect information reports that ?One in four girls will be sexually abused before they turn 14 and one in three will be sexually abused before they turn 18.? Boys aren?t in the clear either. They also reported that ?One in seven boys will be sexually abused before they turn 18.? You ask ?How could this be happening?? This is happening because child molesters are being let off too easy! In this speech I am going to convince you that we need tougher penalties on child molesters!
Child Molestation In Corpus Christi Essay Research
Paper Child Molestation in Corpus Christi Child molestation is a problem that occurs to often in a smaller city like Corpus Christi, and can be caused by the abuser having an abusive childhood, a chemical imbalance, or drug related abuse as a child. Child molestation is the sexual or physical abuse of a child, and all of the factors above play a role in this form of mistreatment.
Jeremy By Pearl Jam Doesnt Just Sound
Good Essay, Research Paper “Daddy didn’t give affection and the boy was something that Mommy wouldn’t wear”. Child abuse is something that can be considerably harmful on a child and among these forms of child abuse comes the issue of child neglect, child neglect can cause children to become socially challenged, angry and even abusive themselves.
Child Abuse Essay Research Paper Physical abuse
Child Abuse Essay, Research Paper Physical abuse of children All across America, children are scared that their parents will physically abuse them. Researchers suggest parents who abuse their children do so for a variety of reasons. Whether their abusive acts are due to stress, abuse in their homes as a child or emotional instability there is no reasonable answer for parents to violently hit, punch, kick, shake smack or push a child.
Neglect In The Nation Essay Research Paper
Neglect in the Nation The neglect of children is a serious problem in California as well as in the nation and we the people, should not embrace what is happening in this state. Based on the information I have
Untitled Essay Research Paper The impact of
Untitled Essay, Research Paper The impact of sexual abuse reaches all levels of a childs emotions. These emotions and the effects are listed below: Confusion: ?ᄂ ??` ` ᄉ ?This is usually the initial reaction of the child. They will usually question, “What is going on?” and ” Is this right or wrong?”.
Abortion Right Or Wrong Essay Research Paper
Abortion: Right or Wrong? Last week my friend Debbie and I stumbled onto the topic of abortion. Deb happens to be all for it, whereas I am against it. She feels a woman has the right to decide whether or not she wants to have a child and if she is ready at that moment to have a child or not. If the woman does not feel she is ready, Deb says it is wrong to bring an unwanted child into the world.
Reality Of Emotional Abuse Essay Research Paper
Emotional abuse is the portion of the class that I found to be the most fascinating. This is mainly due to the uncertainty involved with this particular issue. Childhood emotional abuse is defined as the adverse parental behaviors in a sustained pattern of interaction, which impact a vulnerable child producing damage to a child s emotional and psychological function.
Child Pornography On The Internet Essay Research
Paper Child Pornography On The Internet The Internet has caused an increase in the production and distribution of child pornography. Child pornography arrests have increased 220%, with most cases involving the use of computers (Trebilcock 1). Most child pornography on the Internet has been taken from magazines produced in the seventies and early eighties, which encourages new images to be created.
Child Abuse Essay Research Paper The recent
Child Abuse Essay, Research Paper The recent investigations of child abuse in America have become a recent epidemic that have had surprising discoveries. A survey taken in 1999 regarding
Child Abuse A Growing Problem Essay Research
Paper Persuasive Essay Child Abuse Child abuse is a growing concern in America that must be dealt with. In recent years, the problem has seemed to increase drastically. Child abuse could decrease if comminutes worked together to find a solution.
Childabuse Essay Research Paper Child Abuse No
Childabuse Essay, Research Paper Child Abuse: No Laughing Matter Child abuse affects the lives of millions of children every year in this country. The children often suffer horrific injuries from the beatings. Some children, even tiny babies, may even die. Abuse often leads to future behavioral problems, ranging from mild to very serious.
Child Abuse Essay Research Paper Child AbuseChild
Child Abuse Essay, Research Paper Child Abuse Child Abuse is behavior by and adult that harms a child?s physical, mental, or emotional health and development. Some types of child abuse are neglect, and physical abuse. An example of neglect would be medical neglect. This is where the child does not get the proper medical attention needed.
Child Abuse Essay Research Paper Screaming violently
Child Abuse Essay, Research Paper Screaming violently and giving meaningless threats toward a child may make him/her feel uncomfortable; it is a form of abuse. How do we discipline a child? In our society, parents don t comprehend the difference between disciplinary and abusive actions. They are not aware of where to draw the line.
Media Essay Research Paper Media AwarenessThe case
Media Essay, Research Paper Media Awareness The case that I decided to focus on is an older abuse case, but it has recently been resolved in the courts. It is a child abuse case involving James and Bonnie Zeleski. They
Recent Trends In Child Abuse Essay Research
Paper RECENT TRENDS IN CHILD ABUSE There’s a great concern that happens around the world, which should never take place on any account. It s a frightening act that unfortunately plagues our nation. Child abuse has occurred since the beginning of time, and unless something is done about it it will continue to increase.
Child Abuse Essay Research Paper Child AbuseWhy
Child Abuse Essay, Research Paper Child Abuse Why do some people feel the need to commit child abuse? Child abuse is something that affects many children in the U.S. It is not something to be taken lightly or to be over looked. Those people who commit abuse against children are people who are mentally unstable and are dangerous to society.
A Child Called It Essay Research Paper
A Child Called ?It? A Child Called ?It? is the story of a young boy who, in order to survive, must triumph over the physical, emotional, and medical abuse created by his mother. The exploitation of alcohol plays an important role in the abuse by the mother and the neglect to see and the courage to intervene the problems by Dave?s father.
High School Dropouts Essay Research Paper High
High School Dropouts Essay, Research Paper High School Dropouts Student s dropping out of high school is a common everyday thing in today s society. The causes for these dropouts vary from case to case, but are usually closely related. The vast majority of students who drop out usually do so because they have a poor home life.
Child Abuse Essay Research Paper Smacking and
Child Abuse Essay, Research Paper Smacking and the Damage Done There has always been a fine line between discipline and child abuse. What a parent thinks is right may not always be what is healthy for a child. “The Broken Chain,” by M.F.K. fisher is an essay about a young girls history of child abuse. Though many people feel that disciplining a child physically is acceptable, abuse is abuse!
Impact Of Sexual Abuse Essay Research Paper
The impact of sexual abuse reaches all levels of a childs emotions. These emotions and the effects are listed below:Confusion:This is usually the initial reaction of the child. They will usually question, “What is going on?” and ” Is this right or wrong?”. For a young child these types of questions can be an emense burden on their physcological development.
Abuse 2 Essay Research Paper Impact of
Abuse 2 Essay, Research Paper Impact of Abuse The impact of sexual abuse reaches all levels of a childs emotions. These emotions and the effects are listed below:
The FatherChild Relationship Essay Research Paper The
The Father-Child Relationship Essay, Research Paper The Father-Child Relationship The father-child connection proves to be a very important component to a child?s psyche growing up. A child nurtured in a caring, loving and affectionate environment will most likely be provided with the physiological and emotional support needed to become a well-rounded individual.
Child Abuse Essay Research Paper Child AbuseIn
Child Abuse Essay, Research Paper Child Abuse In this country the problem of child abuse is very serious. Child abuse can happen to almost any child. The abuser and the child may seem
Impact Of Abuse Essay Research Paper Impact
Impact Of Abuse Essay, Research Paper Impact of Abuse – The impact of sexual abuse reaches all levels of a childsemotions. These emotions and the effects are listed below:Confusion: This is usually the initial reaction of the child. They will usuallyquestion, “What is going on?” and ” Is this right or wrong?”.