NCJ Number
57655
Date Published
1977
Length
9 pages
Annotation
AN EXPLORATION OF THE POSSIBLE ALTERNATIVE WAYS IN WHICH SOCIETY (ESPECIALLY THE COURT SYSTEM) CAN RESPOND TO CHILD ABUSERS IS UNDERTAKEN IN THIS ARTICLE, WITH REHABILITATION THE ULTIMATE GOAL.
Abstract
BRITISH CHILD ABUSE LAWS REFLECT AN UNEASY BALANCING OF THE OFTEN CONFLICTING OBJECTIVES BEHIND THE THREE MAJOR SOCIETAL APPROACHES TO DEALING WITH OFFENDERS: PUNISHMENT, RETRIBUTION, AND REHABILITATION. IN FACT, THERE HAS BEEN CONSIDERABLE DEBATE AS TO WHETHER THE LEGAL SYSTEM IS THE BEST WAY SOCIETY CAN PREVENT INDIVIDUALS FROM HARMING OTHERS. IT IS ARGUED THAT WHEN ABUSERS ARE PUNISHED BY THE COURTS THIS OFTEN LEADS THE OFFENDERS TO REEXAMINE THEIR ACTIONS IN LIGHT OF SOCIETAL VALUES, BUT QUESTIONS REMAIN AS TO THE EFFECTIVENESS OF SUCH PUNISHMENT ON PEOPLE WHO HAVE ALREADY BEEN SEVERELY PUNISHED AS CHILDREN AND WHOSE LOW SELF-ESTEEM MIGHT BE FURTHER DAMAGED BY THE PROSPECT OF BEING PUNISHED. IN FACT, SUCH FEAR OF PUNISHMENT OFTEN DETERS ABUSERS FROM SEEKING HELP. THE SOCIAL WORK PROFESSION HAS PASSED THROUGH THREE PERIODS OF THOUGHT AS TO HOW TO DEAL WITH ABUSERS. PRIOR TO KEMPE'S STUDY (1972), SOCIAL WORKERS CONCENTRATED ON PROTECTING THE CHILD. THE POST-KEMPE PERIOD WAS MARKED BY A BELIEF THAT THE SOCIAL WORK PROFESSION COULD RESOLVE CHILD ABUSE PROBLEMS WITHOUT INVOLVING THE COURTS. THE THIRD PERIOD BEGAN WITH THE SENSE OF CHAOS RESULTING FROM THE WAY IN WHICH THE PARENTS IN A FAMOUS CHILD ABUSE CASE LEGALLY BLOCKED VISITS FROM SOCIAL WORKERS. THE PROFESSION NOW MUST FACE THE PROBLEM OF REHABILITATING ABUSIVE FAMILIES WHILE PROTECTING THE ABUSED CHILDREN. SOME REHABILITATION GUIDELINES ARE SUGGESTED. REFERENCES ARE INCLUDED. (KCP)