NCJ Number
55638
Journal
Public Welfare Volume: 36 Issue: 4 Dated: (FALL 1978) Pages: 26-30
Date Published
1978
Length
4 pages
Annotation
RESULTS ARE REPORTED FROM A SAMPLE OF 100 JUVENILE AND FAMILY COURT JUDGES SURVEYED TO DETERMINE THEIR JUDGMENTS ON HOW CHILD ABUSE AND NEGLECT SHOULD BE PROVED IN COURT.
Abstract
OF THE 100 QUESTIONNAIRES SENT TO JUVENILE AND FAMILY COURT JUDGES, 89 WERE COMPLETED AND RETURNED. SUBJECTS WERE SIMPLY ASKED TO RESPOND IN THEIR OWN WORDS TO THE QUESTION: 'HOW ARE CHILD ABUSE AND NEGLECT PROVED?' THE SUBSTANCE OF THE RESPONSES OF MORE THAN 80 PERCENT OF THE JUDICIAL RESPONDENTS CAN BE SUMMED UP IN FOUR STATEMENTS: (1) PROOF OF CHILD ABUSE AND NEGLECT MUST COME PRINCIPALLY OR TOTALLY FROM FACTS, NOT UNSUPPORTED CONCLUSIONS; (2) ALL EVIDENCE TOUCHING UPON CHILD ABUSE AND NEGLECT IN ALL ITS PHYSICAL AND NONPHYSICAL ASPECTS SHOULD BE PRESENTED TO THE COURT; (3) IN ORDER TO PROVE CHILD ABUSE AND NEGLECT, RELIANCE UPON CIRCUMSTANTIAL EVIDENCE IS FREQUENTLY NECESSARY; AND (4) CORROBORATIVE TESTIMONY IS IMPORTANT, BECAUSE IT ESTABLISHES THE CREDIBILITY OF WITNESSES. IN ADDITION TO COMMENTS SUPPORTING THE ABOVE STATEMENTS, 12 JUDGES REPORTED THAT PHOTOGRAPHIC EVIDENCE CAN HELP THE COURT, BECAUSE IT DEPICTS OBSERVABLE CONDITIONS MORE ACCURATELY AND VIVIDLY THAN ORAL TESTIMONY. FIFTY-EIGHT JUDGES COMMENTED ON THE NEED FOR BETTER COMMUNICATION, COORDINATION, AND COOPERATION AMONG AGENCIES THAT PERFORM FUNCTIONS RELATED TO CHILD ABUSE AND NEGLECT. THE JUDGES SAW THE NEED FOR IMPROVED CONTACT AMONG PROTECTIVE SERVICE AGENCIES, THEIR LEGAL COUNSEL, COURTS, AND POLICE. MORE THAN A THIRD OF THE RESPONDENTS SUGGESTED THE NEED FOR ONGOING TRAINING PROGRAMS FOR PROTECTIVE SERVICE PERSONNEL. (RCB)