Victimology Ch 11 Study Notes
Victimology Ch 11 Study Notes CCJ 3666
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This 9 page Class Notes was uploaded by Ryan Desjardins on Tuesday March 29, 2016. The Class Notes belongs to CCJ 3666 at Florida State University taught by Dr. William Doerner in Winter 2016. Since its upload, it has received 53 views. For similar materials see Victimology in Criminology and Criminal Justice at Florida State University.
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Chapter 11- Child Maltreatment 1. What does “patriae potestas” mean? An ancient Roman saying that the fathers had the right to sell, kill, or allow their progeny (kids) to continue to live. 2. Talk about historical practices in the way children were treated. Children were treated no differently from other property owned by the father of the family. Physically deformed newborns were killed off by ancient Greeks, especially Spartans. Those who were raised never experience "childhood," they became "little adults." 3. What does it mean to say that corporal punishment is a parental privilege? A parent is immune from simple battery charges when administering physical punishment in 'good taste.' 4. What contribution did John Caffey make to the field? He published a study in 1946 outlining bone damage of mysterious origin that he found in some of his young patients. This discovery prompted other physicians to conduct similar investigations, which led to the discovery that the parents of the children were responsible for the unspecified trauma. When parents gave outlandish explanations, he suspected parents as the perpetrators. Coined the term "unspecified trauma" in 1957. 5. Who coined the phrase “battered-child syndrome” and why? Coined by C. Henry Kempe. He coined it to describe "young children who have received serious physical abuse, generally from a parent." 6. What four obstacles impeded the discovery of child maltreatment? 1. Emergency room physicians did not realize the parents were beating the children, they were just focused on the task of healing the patient. 2. Physicians were unable to bring themselves to realize that parents would beat their children or inflict such severe wounds deliberately. 3. Confidential doctor-patient relationships 4. Testifying in court would place physicians in the awkward position of having to defend their medical expertise and diagnosis to laypersons. 7. Give four reasons why radiologists, and not pediatricians, were the ones who discovered child maltreatment? 1. Radiologists examine the x-rays and that means they can be more objective because they have no direct contact with the patient. 2. The goal of radiology is to discover new diagnostic categories, whereas direct care providers simply identify a condition and place it into a logical, already existing category. 3. The doctor-patient relationship confidentiality was not a stumbling block because the patient is the person who is being x-rayed, 4. Issue of professional control. 8. Explain what “abuse” means. The commission of an act upon the child. Generally refers to any non-accidental infliction of injury that seriously impairs a child's physical or mental health. 9. Explain what “neglect” means. The omission of a caretaker function. The withholding of life's essentials, the necessary ingredients including food, clothing, shelter, and medical treatment. 10. Why do people use the term “maltreatment?” It is a more encompassing term that both abuse and neglect fall under. Defines maltreatment in terms of three components... 1. The act or failure to take appropriate action must produce an unacceptable risk of serious physical or emotional harm, death, sexual abuse, or exploitation. 2. The target of this maltreatment is a child, usually a person under the age of 18. 3. The perpetrator is a parent or caretaker who bears responsibility for the child's welfare. 11. Explain the six major types of child maltreatment listed in Table 11–2 of your textbook. 1. Physical Abuse 2. Neglect 3. Sexual Abuse 4. Emotional Abuse 5. Abandonment 6. Substance Abuse 12. What is the “shaken baby syndrome?” A type of inflicted traumatic brain injury that happens when a baby is violently shaken. Shaking makes the child's fragile brain bounce back and forth inside the skull and causes bruising, swelling, and bleeding, which can lead to permanent, severe brain damage or death. 13. According to your textbook, what is a “privileged relationship?” Means there is an inviolable, nonintrudable bond between two parties. 14. How did the doctor-patient relationship initially affect the reporting of child maltreatment? The physician could not reveal any information gathered in that confidential capacity without first obtaining the patient's consent. Should a doctor break that trust, he or she could face a civil lawsuit and professional censure. 15. What does the standard “in good faith” have to do with the reporting of child maltreatment? If a person contacts the authorities out of genuine concern for the child's well being, he or she cannot be sued if the allegation turns out to be false. 16. What does legislative immunity mean with respect to reporting child maltreatment? That means they cannot be sued if the allegation turns out to be false. 17. What does “protective custody” mean? In this situation, the worker terminates parental custody for the time being, removes the child from the home, and places him or her in foster care for safekeeping pending judicial review at a later date. 18. What is the purpose behind the central register? The central register is a depository that store records of all allegations of child absue and neglect. The purpose behind this record keeping system is to help in the diagnosis by tracking relevant case histories. 19. Explain some of the problems that remain with identifying and detecting child maltreatment. Definitional aspects, not all states place the same degree of emphasis on child maltreatment, the level of proof required to involve social services, lack of reporting, and finally training that has not received sufficient attention. 20. What does it mean when a report of possible child maltreatment is screened out of the child welfare system? Once a report of child maltreatment is initiated, the child welfare system moves into action. Much like the criminal justice system, the child welfare system is a conglomeration of numerous public and private entities as opposed to a unified model. Some of the system's responsibilities include investigative duties, foster care, medical services, mental health treatment, substance abuse counseling, employment assistance, and welfare options. These activities are united by the same goal of protecting the best interests of the child. 21. What does it mean when a possible maltreatment case has been investigated and determined to be “unsubstantiated?” An unsubstantiated disposition means the allegation is unfounded and the case is closed. AKA, there's not enough evidence to support the claim that the child was maltreated or is at risk of being maltreated. 22. How extensive is child maltreatment? Child maltreatment statistics for 2011 in the US reveal that 3.7 million children were monitored and approximately one out of every five were substantiated as a maltreatment case. 23. What is the purpose of a child fatality review team? These groups combine the expertise of child protective services workers, law enforcement officers, coroners and medical examiners, health care workers, prosecutors, and others to investigate child deaths to determine whether maltreatment was involved. 24. What does the phrase “substantiated allegation” mean? Means that sufficient evidence existed to confirm the reporting person's suspicions 25. Using Figure 11–4 of your textbook, which types of child maltreatment are most prevalent? Neglect and physical maltreatment are most prevalent 26. Select three statistical observations from Table 11–5 of your textbook to illustrate the problem of child maltreatment in the United States. 1. More than 80% of the children who died due to child abuse and neglect were younger than 4 2. More than 75% of victims suffered neglect 3. Two fifths of the victims who received services were removed from their homes and received foster care services. 27. What are some of the estimated costs associated with child maltreatment victimization? One estimate puts the lifetime costs of child abuse and neglect cases that emerge each year at about $124 billion in 2010 dollars. Another estimate is that child maltreatment drains $220 million every day from the national economy. 28. How and why do clinical data and survey data influence child maltreatment research findings? Clinical data usually reveal that the very young are victims. Yet surveys show that child maltreatment spans all ages. Surveys tend to find a high proportion of nonwhite victims, whereas clinical studies do not. 29. What is “surveillance bias,” and how does it affect child maltreatment statistics? Surveillance bias refers to any increased, systematic outcome-related scrutiny that may exist for some individuals or groups but not others. With respect to families that have been flagged for child abuse or neglect, surveillance bias means that service participants may be more likely to be reported for maltreatment than comparable non-service participants because they are subject to greater scrutiny by virtue of interacting with service providers and service systems. 30. Does child maltreatment take place mainly in the lower class? If so, why? Yes, child maltreatment mainly takes place within the lower class. It is possible that lower class people resort to violence more often to resolve misunderstandings. Also, I believe the lower class goes through more stress involving money and trying to support their families, causing more built up tension. 31. Why are social service providers sometimes called “gatekeepers?” They are the systems personnel who have the power to confer the label of child maltreatment. 32. Present information about the “typical” child abuser relying upon the information contained in Table 11–6 of your textbook. The 'typical' child abuser is a young adult in his or her mid 20's, no high school diploma, living at or below the poverty level, depressed, and may have difficulty coping with stressful situations. 33. List ten popular coping strategies for dealing with child maltreatment. 1. Home Visitation 2. Education 3. Safe Haven Laws 4. Parents Anonymous 5. Counseling 6. Children's Advocacy Centers 7. Sex Offender Registration and Notification 8. Civil Commitment 9. Amber Alert 10.Legal Reform 34. Explain home visitation as a coping strategy and its limitations. Proponents suggest that public health workers should conduct routine home visits where there are young children and newborns. Criticisms include that it invites unwarranted governmental intrusion, causing false positive errors and false negative errors. 35. What is the difference between a false positive error and a false negative error in the detection of child maltreatment? A false positive error would occur when a worker misclassifies a nonabused child as a maltreatment case. A false negative error entails not diagnosing a child as abused when that child really is a maltreatment victim. 36. What does a “Healthy Families Program” attempt to accomplish? Is part of the Prevent Child Abuse America (PCA), is a nationally credentialed, statewide program that is proven to prevent child abuse and neglect before it ever starts. Healthy Families programs provide voluntary, community-based home visitation services focused on promoting child health and development and positive parent-child interaction. 37. How is education intended to be a coping strategy for child maltreatment? The education effort aims to demystify child rearing by providing parents with instruction in child development. It reinforces parent awareness through parenting courses offered in hospitals, schools, churches, and Social Service Agencies. 38. Explain what a “safe haven law” is. Safe Haven Laws represent an effort to deal with baby abandonment and infanticide. 39. Do “safe haven laws” work? No 40. What is “Parents Anonymous,” and how does it work? "Parents Anonymous" is a nonprofit national organization with local groups consisting of parents who feel they are currently maltreating, or are in danger of maltreating, their children. The national organization operates a 24 hour hotline that parents can call when they need to vent their frustrations. Modeled after Alcoholics Anonymous. 41. What does counseling offer as a coping strategy for child maltreatment? This response seeks to help both the victim and the offender, often involving the entire family. Most treatment interventions revolve around individual and group counseling. It offers therapeutic intervention and open communication. 42. What is a children’s advocacy center? An umbrella organization, independent of the criminal justice system, that brings together child protective services workers, law enforcement officers, the prosecutors office, educators, mental health counselors, and medical personnel in an effort to provide a coordinated response and seamless service delivery to maltreated children. 43. What services does a children’s advocacy center offer? It's designed to keep children from being shuttled from one agency to the next and to provide a variety of services under one roof. First CAC opened in Huntsville, Alabama in 1985 The goal of a CAC is to minimize the trauma child victims undergo and to provide a safe and comfortable atmosphere. A service CAC's provide is videotaped forensic interviews, reducing the number of future interviews, preserves testimony for later use, documents the tone of the session and the conditions under which the interview took place, and allows an assessment of the child's veracity (accuracy). 44. Explain “Megan’s Law” and its related provisions. "Megan's Law" core requirement calls for public notification whenever a sex offender is released from prison into the community. This gives local authorities the ability to track the whereabouts of sex offenders in the community. The usual requirement is that the state must notify the victim and local law enforcement agencies that the offender has been released and is back in the community. 45. What is a “sexually violent predator?” The most dangerous offered with the most proclivity for recidivism, the highest risk category. 46. What kinds of residency restrictions do sex offenders face? Florida prohibits sex offenders from living within 1,000 feet of a school, day care facility, park, or playground. 47. What is “The Adam Walsh Act?” George W. Bush signed the act in the summer of 2006. This act supersedes all previous federal legislation regarding SORN and introduces a new series of rules and regulations designed to standardize SORN practices and to create the National Sex Offender Registry. 48. What is the importance of the federal Supreme Court decision Smith v. Doe (2003)? Argued the ex post facto clause prohibited Internet posting because they were sentenced prior to passage of this statute. U.S. Supreme Court disagreed with the convicted, arguing that..... -Sex offender registry is a civil tool -Goal is to protect society, not punish offenders -Publicity is necessary for law to work -Registry does not restrict a person's movement -Registry is a regulation, not a new punishment 49. What is civil commitment and what is the importance of the federal Supreme Court decision Kansas v. Hendricks (1997)? Civil commitment is when an offender is sent involuntarily to the confinement of a mental institution for treatment after completion of the criminal sentence. Kansas v. Hendricks stated that post-sentence civil commitment was NOT a punishment, and the Supreme Court upheld the goal to protect society 50. How did Kansas v. Hendricks (1997) raise objections surrounding ex post facto laws, double jeopardy, and cruel and unusual punishment? Ex post facto: imposition of additional punishment after adjudication Double Jeopardy: Being punished twice for the same act Cruel and unusual punishment: prospect lifetime punishment 51. What is the significance of the U.S. Supreme Court case U.S. v. Comstock (2010)? This case raised the question of whether the federal government had the power to civilly commit a federal prisoner, considered to be dangerous, after completing a term of incarceration for a sex crime. It determined that the federal government enacting a civil commitment statute to detain an uncured sexual predator exceeds the powers contained in the Constitution. 52. What four conditions must exist in order to activate an Amber Alert? 1. Law enforcement officials must conduct an initial investigation and confirm that a child has been abducted 2. There must be some indication that the child is endangered 3. There must be sufficient information available to make a recovery plausible 4. The case must be entered into the National Crime Information Center, and the FBI computerized index of criminal justice information 53. When is it permissible for a judge to close his or her courtroom to the public? When a victim of a sex offense is testifying. All persons shall clear the room upon the request of the victim, except that parties to the cause and their immediate families. 54. What is the “hearsay rule” and what does it have to do with child maltreatment cases? The "hearsay rule" disallows statements made by a third party because the court cannot evaluate that person's credibility and, thus, the defense is unable to impeach that testimony. 55. What is an “in camera proceeding” in a child maltreatment case? An "in camera proceeding" in a child maltreatment case allows child victims to testify outside the courtroom in less formal, less threatening surroundings. 56. What three objections have critics raised over in camera proceedings in child maltreatment cases? 1. Some defendants have argued that such proceedings violate their constitutional right to confront and cross examine witnesses. 2. The right of the public to have access to the trial, in camera proceedings produce limited access of the public to observe judicial proceedings without jeopardizing the legal process. 3. The defendants right to a public trial