NCJ Number
56319
Date Published
1978
Length
15 pages
Annotation
THIS OUTLINE FROM THE ATTORNEYS' HANDBOOK ON CHILD ABUSE TRACES THE DEVELOPMENT OF SOCIETIES' ATTITUDES AND TREATMENT OF CHILDREN. STATUTES AND JUDICIAL DECISIONS WHICH REFLECT THOSE ATTITUDES ARE LISTED.
Abstract
INFANTICIDE, RITUAL SACRIFICE, AND CHILD ABANDONMENT LOGICALLY FOLLOW FROM THE INHUMANE ATTITUDES OF ANTIQUITY. THE ARISTOTELIAN PERCEPTION OF CHILDREN AS PROPERTY OF PARENTS, AND THE ROMAN LAW FORBIDDING THE RAISING OF DEFORMED CHILDREN MANIFESTED THEMSELVES IN THE SLAUGHTER AND SALE OF INFANTS. HEAD BINDING AND SWADDLING WERE COMMON PRACTICES. EVERY PERIOD IN WESTERN HISTORY SAW THE IMPROVEMENT IN CHILD DISCIPLINING, WITH THE EXTENT OF PHYSICAL PUNISHMENT IN DECLINE. THE PURITAN VIEW OF CHILDREN POSSESSING THE SAME DEPRAVITIES AS ADULTS JUSTIFIED THE INFLICTION OF ADULT PUNISHMENT UPON CHILDREN, BUT PROVIDED FOR EARLY FORMS OF DUE PROCESS AND MITIGATION. CHILD PROTECTIVE SERVICES BEGAN IN THE LATE 19TH CENTURY IN NEW YORK, BUT ONLY AFTER THE APPLICATION OF ANIMAL PROTECTION LAWS TO ABUSED CHILDREN. THE JUDICIAL CONCEPT OF THE STATE AS ACTING IN THE CAPACITY OF PARENT PERMITTED THE COURTS TO DO WHAT WAS IN THE CHILD'S BEST INTERESTS. THE DEVELOPMENT OF JUVENILE COURTS AND PROTECTIVE SERVICES ALSO PERMITTED THE EMERGENCE OF CONSTITUTIONAL GUARANTEES FOR THE RIGHTS OF CHILDREN AND PARENTS. THE RIGHT TO TREATMENT, RIGHT TO COUNSEL, AND RIGHT TO PROTECTION ARE TRACED IN THEIR DEVELOPMENT FROM CASE LAW. CASE CITATIONS ARE PROVIDED. (TWK)