NCJ Number
50258
Journal
APPLIED SOCIAL STUDIES Volume: 3 Issue: 2 Dated: (1971) Pages: 65-80
Date Published
1971
Length
16 pages
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)