Failed Prosecution In Child Sexual Abuse Cases

Failed Prosecution In Child Sexual Abuse Cases

Author: Kylie Cabot

Publisher:

Published: 2024

Total Pages: 0

ISBN-13:

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The criminal justice system, in the United States, works diligently to keep the citizens of our country safe and to punish those who do not abide by the laws set forth by the government. However, before being punished, everyone in the United States has the right to a fair trial. Once a trial is complete, a judge or jury must decide on a verdict, guilty or not guilty. Therefore, prosecutors work and hope for a guilty verdict for the defendant they are prosecuting. A failed prosecution can be defined as a case that is charged by a prosecutor and results in a not guilty verdict. Unfortunately, there are certain cases that are much more difficult and complex to prosecute than others. One type of case that fits into this category is child sexual abuse. As a result of child sexual abuse cases in the United States displaying high rates of failed prosecution, it is important to understand why that is. Therefore, I conducted a three-phase study to identify the difficulties in child sexual abuse cases in hopes of increasing successful conviction rates. This study consisted of qualitative interviews with key professionals in the field, the thematic coding of a set of child sexual abuse cases, and the extraction of common themes amongst these cases.


Investigation and Prosecution of Child Abuse

Investigation and Prosecution of Child Abuse

Author: American Prosecutors Research Institute

Publisher: SAGE

Published: 2004

Total Pages: 540

ISBN-13: 9780761930907

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To assist investigators and prosecutors, APRI's National Center for Prosecution of Child Abuse—the nation's premiere trainer of child abuse prosecutors and investigators—presents the Investigation and Prosecution of Child Abuse, Third Edition. Readers of this manual will receive practical, common sense assistance in handling child abuse cases from the initial report to the closing argument at trial. Appendices on the enclosed CD-ROM include hundreds of sample motions and other legal documents that can be adapted to the jurisdiction of individual readers. Now in its Third Edition, the manual contains the latest in case law and research on nearly every facet of child sexual abuse, physical abuse and neglect. This is the only book on the market specifically geared to investigators and prosecutors called upon to handle abuse cases.


When the Victim Is a Child

When the Victim Is a Child

Author: Debra Whitcomb

Publisher: DIANE Publishing

Published: 1994-03

Total Pages: 191

ISBN-13: 0788105949

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Reviews new research on the consequences of child sexual abuse, the capabilities of children as witnesses, and the impact of the court process on child victims. Also analyzes pertinent statutes and case law. 16 charts and tables.


The Clergy Sex Abuse Crisis and the Legal Responses

The Clergy Sex Abuse Crisis and the Legal Responses

Author: James T. O'Reilly

Publisher: Oxford University Press

Published: 2014-09-09

Total Pages: 474

ISBN-13: 0199350124

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The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion. In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.


The Evaluation of Child Sexual Abuse Allegations

The Evaluation of Child Sexual Abuse Allegations

Author: Kathryn Kuehnle

Publisher: John Wiley & Sons

Published: 2008-12-23

Total Pages: 789

ISBN-13: 0470478691

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The editors of this collection are experienced practitioners and teachers of forensic psychology. They have collected chapters written by nationally and internationally respected experts in applied research and practice to provide others with their best advice and knowledge on conducting evaluations for and testifying in court.


The Hostage Child

The Hostage Child

Author: Leora N. Rosen

Publisher: Indiana University Press

Published: 1996-08-22

Total Pages: 252

ISBN-13: 9780253116062

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"This cogently-argued book is a timely contribution to the general literature on child sexual abuse." -- British Journal of Social Work "[The authors] have gathered information on 206 cases and focus on five representative examples that illustrate what they see as an increasing anti-mother bias in the courts. These five cases of the failure to safeguard children are... effective... Whatever may have happened in the past, the authors make a well-researched, convincing... case that the pendulum has now swung the other way. Now many lawyers, child advocates, psychologists and judges accept a 'crazy mother' or 'vindictive ex-' syndrome, thus allowing real perpetrators to continue abuse with no supervision.... In these cases, judges acquiesce to a paternalistic myth of the American family and in so doing, ignore the reality of American children." -- Publishers Weekly (starred review) "A needed assessment of a terrible problem." -- Booklist "... provocative... " -- Library Journal "Recommended." -- Choice "Without anger, or hysteria, Rosen and Etlin document the interlocking, complex ways in which our antiquated system fails incested children and those who struggle to protect them. Just as important, they propose an innovative solution. This is 'must' reading for anyone interested in the problem of child sexual abuse." -- Elizabeth Morgan, M.D., Ph.D. It is comfortable to believe that incest and child sexual abuse need not concern us because we have institutions set up to deal with these problems. This book disallows that comfort and shows that the system has failed, and worse -- that it has generated a dangerous atmosphere of denial and cover-up. While Rosen and Etlin expose a system whose breakdown is shocking and fundamental, at the same time they present a proposal for relief for the children who are now trapped -- like hostages -- in this social war.


True And False Allegations Of Child Sexual Abuse

True And False Allegations Of Child Sexual Abuse

Author: Tara Ney

Publisher: Routledge

Published: 2013-06-20

Total Pages: 384

ISBN-13: 1134862261

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It is important for society that the backlash does not result in the reburial of the problem of child sexual abuse. ‘True and False Allegations of Child Sexual Abuse’ represents an important contribution to that effort. This book is about conducting evaluations of allegations of child sexual abuse that take into account research knowledge and practice wisdom. It is not a cookbook about how to do evaluations. Rather, it provides a great deal of food for thought and is aimed at child abuse professionals who can critically read and test the material against their experiences in the field. It includes a wide spectrum of information, approaches, and opinions about child sexual abuse evaluation.