The Process of Attrition in Child Sexual Assault Cases: A Case Flow Analysis of Criminal Investigations and Prosecutions

2002 ◽  
Vol 35 (3) ◽  
pp. 347-362 ◽  
Author(s):  
Patrick N. Parkinson ◽  
Sandra Shrimpton ◽  
Heather Y. Swanston ◽  
Brian I. O'Toole ◽  
R. Kim Oates
Keyword(s):  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Flow Analysis ◽  
Criminal Investigation ◽  
Criminal Prosecution ◽  
Court Records ◽  
Child Sexual Assault ◽  
The Family ◽  
A Prospective Study

As part of a prospective study which tracked 183 child sexual abuse cases referred to two Child Protection Units in Sydney, NSW, a search of court records was conducted to obtain criminal justice outcomes. Of the 183 cases, there were 117 cases where the name of the offender was known. Forty-five cases reached trial. Thirty-two cases resulted in a conviction. A sub-cohort of 84 of the children and their families was interviewed in detail to determine reasons why many cases did not proceed down the track of criminal investigation and prosecution and why other cases dropped out of the criminal justice system. Among this sub-cohort of 84 children, there were 67 cases where the offender was identifiable and could have been charged. There were 25 convictions. Reasons for not proceeding to trial included: the offence was not reported to police; parents wished to protect children, the perpetrator or other family members; evidence was not strong enough to warrant proceeding; the child was too young; the offender threatened the family; or the child was too distressed. The implications for criminal prosecution as a child protection strategy are considered in the light of this evidence of attrition.

PENERAPAN DIVERSI TERHADAP ANAK SEBAGAI PELAKU TINDAKPIDANA PENCURIAN DENGAN KEKERASAN SECARA BERSAMA-SAMA (Studi Kasus Putusan Pengadilan Tinggi Medan Nomor : 6/PID.SUS-ANAK/2017/PT.MDN)

2021 ◽  
Vol 1 (2) ◽  
pp. 140-156
Author(s):  
Suardi Suardi ◽  
Yayan Surya
Keyword(s):  
Criminal Justice ◽  
Child Protection ◽  
Justice System ◽  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Child Victim ◽  
High Court ◽  
The Family ◽  
The Law

This study provides examples of cases of children who are in conflict with the law for committing the crime of theft with violence which is carried out together whose case has been decided by the Medan High Court with its decision Number: 6/PID.SUS-ANAK/2017/PT.MDN. The formulation of the problem in the research is how to regulate the diversion of children as perpetrators of the crime of theft with violence? and how is the application of diversion in making decisions against children as perpetrators of violent theft in the Medan High Court Decision Number: 6/PID.SUS-ANAK/2017/PT.MDN?. The research method used by the author is a normative juridical method, which is a research that puts the law as a norm. The system of norms in question is about principles, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Finally, based on the results of the study, the authors conclude that the application of diversion in making decisions against children as perpetrators of violent theft refers to Law Number 11 of 2012 concerning the Child Criminal Justice System and Law Number 35 of 2014 concerning Child Protection, especially those that regulate regarding the application of diversion to those who are in conflict with the law. In the Medan High Court Decision Number: 6/PID.SUS-ANAK/2017/PT.MDN, it turns out that the judge in his decision was guided by the law above so that the judge decided, even though the child (the defendant) was sentenced to prison for 10 (ten) months, does not need to be carried out by the Child, unless the Child has made peace in writing with the Child Victim or with the family of the Child Victim.

scholarly journals CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON

2018 ◽  
Vol 2 (2) ◽  
pp. 144
Author(s):  
Frans Simangunsong
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Policy ◽  
Electronic Media ◽  
Daily Press ◽  
Special Provision

Cases of narcotics abuse are increasing. This is evidenced by the almost<br />daily press reports from newspapers and electronic media about smuggling, illegal<br />trade, arrests and detention related to the problem of narcotics abuse. The purpose of<br />narcotics abuse is a deviant or accidental use of narcotics. So the act violates the law and<br />is threatened with criminality. Criminal policy in an effort to control children as<br />perpetrators of narcotics crimes. Threats of imprisonment that can be imposed on<br />children no later than 1/2 (one half) from the maximum threat of imprisonment for<br />adults. This means that the criminal threat for children who become narcotics couriers is<br />half of the criminal threats contained in the Narcotics Law. For children who become<br />couriers or narcotics brokers, they must be based on the mechanism stipulated in the<br />Child Protection Act and the Juvenile Justice System Law. Law enforcement for<br />perpetrators who are still under age, there is a special provision called diversion, namely<br />the transfer of settlement of child cases from criminal justice processes to processes<br />outside of criminal justice

The Child’s Guardian – Listening and Giving Weight to Children’s Views

2018 ◽  
Vol 26 (1) ◽  
pp. 117-135 ◽  
Author(s):  
Helen James ◽  
David Lane
Keyword(s):  
Child Protection ◽  
Justice System ◽  
Protection System ◽  
Review Panel ◽  
England And Wales ◽  
The Family ◽  
Research Findings ◽  
Children’S Views ◽  
Meaningful Relationships ◽  
Insight Into

Both the child protection and public child law systems assume a child-centred approach is at the heart of their work with children. That assumption is based on what are considered child-centred principles, which are enshrined in legislation in England and Wales in the Children Act 1989, mainly the principle of paramountcy of the child’s welfare in Section 1(1) and the principle of no delay in Section 1(2), in relation to the completion of proceedings ( hm Government, 1989). However, comprehensive reviews of both the child protection system (Munro, 2011) and the family justice system (Family Justice Review Panel, 2011), along with research findings (Cappleman et al., 2013) present a picture that challenges this assumption. Increasingly, the focus on the child’s life and welfare is hampered by a lack of time and resources available to professionals such as Guardians to enable them establish a meaningful and trusting relationship with the child in order to gain insight into and an understanding of the child’s world from the child’s perspective. The child appears to be very much on the periphery of a system that lacks real connectedness with the child and their view of their situation and circumstances. Such a level of connectedness can only be achieved by providing children with space and time to develop trust in and meaningful relationships with those whose duty it is to represent their true wishes and feelings and give due weight to the child’s perspective.

4. Domestic Violence

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Justice System ◽  
Family Law ◽  
Civil Law ◽  
Third Party ◽  
Human Rights Law ◽  
The Family ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.

DIVERSI CONCEPT IN COMPLETION OF CHILDREN'S CRIMINAL CASE

2019 ◽  
Vol 11 (1) ◽  
pp. 73-89
Author(s):  
Nisfawati Laili Jalilah
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Community Service ◽  
Child Protection ◽  
Justice System ◽  
Educational Institution ◽  
Negative Influence ◽  
District Courts ◽  
Criminal Cases ◽  
Judicial Process

Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop, and participate optimally by human dignity and dignity, and get protection from violence and discrimination. Related to this, in resolving child criminal cases, the Criminal Justice Act (UUPPA) emphasizes that the concept of Restorative Justice or Diversity must be used, namely the transfer or transfer of the judicial process to an alternative process of settlement of the case, namely through deliberation or mediation. The purpose of diversion is to prevent children from detention, avoiding labeling children as criminals, preventing the repetition of criminal acts committed by children, so that children are responsible for their actions, carrying out interventions needed for victims and children without having to go through a formal process. Avoiding children from following the justice system process, and keep children from the negative influence and implications of the justice process.Implementation of application of diversion in the juvenile criminal justice system is carried out at the level of investigation, prosecution, and case examination in district courts. The diversion process is carried out through deliberation by involving children and their parents/guardians, social counselors, and professional social workers based on a restorative justice approach. The results of the Diversion agreement can take the form of, inter alia; peace with or without compensation, restitution in the event of a victim, medical and psychosocial rehabilitation, participation in education or training at an educational institution or LPKS no later than 3 (three) months; or community service for a maximum of 3 (three) months.

Deferring felony prosecution: a process evaluation of an innovative Cook County State’s Attorney’s Office program

2017 ◽  
Vol 3 (4) ◽  
pp. 261-273 ◽  
Author(s):  
Jennifer Cossyleon ◽  
John Orwat ◽  
Christine George ◽  
Don Stemen ◽  
Whitney Key
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Cost Effective ◽  
Criminal Court ◽  
Cook County ◽  
Criminal Prosecution ◽  
Felony Conviction ◽  
Content Type ◽  
First Time

Purpose The Cook County State Attorneys’ Deferred Prosecution Program (DPP) is a pre-trial diversionary program that accepts first-time, non-violent defendants charged with a felony crime. The purpose of this paper is to document the development, implementation, and program patterns of the DPP to better understand the program’s scope and reach in diverting defendants from traditional criminal prosecution. Design/methodology/approach The approach to evaluating Cook County’s DPP is primarily qualitative. Through interviews with program administrators and current and former participants, the authors document the process of creating and implementing such DPP that aims to avoid a felony conviction altogether. The authors provide program participant patterns to shed light on the program’s scope and reach in diverting defendants from traditional felony prosecution. Findings Using data from staff, administrators, and program participants, the authors found that the DPP was developed and implemented through supportive leadership who instilled a culture of collaboration and buy-in. Expanding the program could include increasing the capacity of DPP to include additional participants or having a DPP incorporated into each branch court, instead of the centralized system under which it currently operates. Increasing the capacity and scope of the program could both further decrease criminal court caseloads and most importantly avoid a higher number of stigmatizing felony convictions for first-time non-violent defendants. Practical implications DPPs are cost effective and can be easily implemented within existing systems. Collaboration and buy-in from all stakeholders are crucial to the program’s success. DPP offers opportunities for expansion. Increasing the capacity and scope of the program could both further decrease criminal court caseloads and most importantly avoid a higher number of stigmatizing felony convictions for first-time non-violent felony defendants. Originality/value The main goals of DPP were two-fold. The first was to minimize the level of resources allocated for non-violent offenders in the criminal justice system by diverting such defendants out of the criminal justice system early in the process and reducing the recidivism rates of program participants. The second aimed to provide an option for eligible defendants to avoid a felony conviction, thereby avoiding the collateral consequences associating with a felony conviction.

Psychological Effects of Victimization: Implications for the Criminal Justice System

1987 ◽  
Vol 33 (4) ◽  
pp. 468-478 ◽  
Author(s):  
Patricia A. Resick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Psychological Effects ◽  
Criminal Prosecution ◽  
Rape Victims ◽  
Long Term Effects ◽  
Psychological Reactions ◽  
The Past

The purposes of this article are to review research on psychological reactions to criminal victimization, to consider how victims might be affected by participation in the criminal justice system, and to offer some recommendations for the treatment of victims and their families within the criminal justice system. Over the past ten years there have been a series of studies conducted to examine the long-term effects of rape victims. Recently a study was conducted to compare the reactions of robbery victims with rape victims and to compare female and male robbery victims. This article will review the findings from these longitudinal studies with particular attention to victim reactions that may affect or be affected by participation in criminal prosecution.

scholarly journals Disability and the criminal justice system in Zambia

2017 ◽  
Vol 8 (2) ◽  
pp. 59-69
Author(s):  
Jessica Jacobson ◽  
Phillip Sabuni ◽  
Jenny Talbot
Keyword(s):  
Health Care ◽  
Criminal Justice ◽  
Focus Group ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
The Self ◽  
Content Type ◽  
Research Activities ◽  
The Family

Purpose Drawing on multi-method research conducted in 2013-2014, the purpose of this paper is to consider the extent and nature of disadvantage experienced by individuals with psychosocial and intellectual disabilities (PID) who come into contact with the criminal justice system in Zambia. The research was conducted as part of a wider project aiming to bring about improvements in how people with PID are dealt with by the criminal justice services. Design/methodology/approach The research activities included interviews with 29 individuals with PID who had experienced the criminal justice system as suspects, defendants or prisoners (“self-advocates”). A focus group and interviews were also conducted with the family members of people with PID who had criminal justice experience. Findings People with PID in contact with the criminal justice services in Zambia are disadvantaged and discriminated against routinely and systematically. Like all detainees, they experience harsh and at times brutal conditions of detention. However, because of their disabilities, such experiences can be more keenly felt: their disabilities may be exacerbated by detention or by limited or non-existent health care; and they are likely to be less resourceful than other detainees and, therefore, less able to cope with the privations of detention. Originality/value In drawing on the self-advocate interviews, this paper presents direct, vivid accounts of what it means to be a suspect, defendant or prisoner with disabilities in Zambia. These are extremely marginalised and multiply disadvantaged individuals whose voices are rarely heard.

scholarly journals PERAN PENYIDIK DALAM PENERAPAN DIVERSI TERHADAP PERKARA TINDAK PIDANA ANAKDI WILAYAH KABUPATEN POHUWATO

2019 ◽  
Vol 2 (1) ◽  
pp. 35-46
Author(s):  
MUHAMMAD RIZAL LAMPATTA
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Research Libraries ◽  
Professional Worker

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore, it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in implementation Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source, i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act/mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional worker based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.

scholarly journals Model Penegakan Hukum Anak yang Berhadapan dengan Hukum dalam Proses Penyidikan

2015 ◽  
Vol 10 (2) ◽  
pp. 167
Author(s):  
Hamidah Abdurrachman ◽  
Fajar Ari Sudewo ◽  
Dyah Irma Permanasari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Child Protection ◽  
Justice System ◽  
Criminal Code ◽  
Criminal Court ◽  
Central Java ◽  
The Law ◽  
Pass Through

Upaya memberikan perlindungan terhadap Anak yang berhadapan dengan hukum dalam Sistem Peradilan Pidana Anak menunjukkan perkembangan yang sangat berarti. Selama ini terhadap anak yang berkonflik dengan hukum, ditangani secara umum seperti orang dewasa. Anak-anak tersebut melewati proses hukum tanpa ada pendampingan bahkan segera dilakukan upaya paksa berupa penangkapan dan penahanan sehingga anak mengalami putus sekolah. Undang-Undang No. 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak meletakkan fondasi perlindungan anak dengan pendekatan Keadilan Restoratif yaitu dalam penyelesaian perkara melibatkan pelaku, korban, keluarga pelaku/korban dan pihak lain yang terkait untuk bersama-sama mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula dan bukan pembalasan. Keadilan restoratif ini diwujudkan melalui Diversi yaitu pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses ke luar pengadilan pidana. Hasil penelitian ini menunjukkan bahwa di Jawa Tengah kasus anak yang berkonflik dengan hukum secara umum diselesaikan melalui jalur diversi dan sebagian lainnya diproses menggunakan berdasarkan KUHAP atau jalur pidana. Hal lainnya meskipun sudah menerapkan jalur diversi terhadap anak yang berkonflik dengan hukum namun belum ada keseragaman atau kesamaan model diversi sebagaimana yang diamanatkan di dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak.<br /><br /><br /><em>Efforts to provide protection against Children in conflict with the law in the Criminal Justice System Child shows a very significant development. During against children in conflict with the law, generally handled as an adult. These children pass through the legal process without immediate assistance even forceful measures in the form of arrest and detention so that children have dropped out of school. Law No. 11 Year 2012 on the Criminal Justice System Child laid the foundation of child protection approach Restorative Justice that in settling disputes involving offenders, victims, family offender/victim and other relevant parties to work together to find a fair settlement with the emphasis on restoring back to its original state and not retaliation. Restorative justice is realized through the transfer of settling disputes Diversion namely children from the criminal justice process to a process outside the criminal court. The results of this research showed that in Central Java case of children in conflict with the law are generally resolved through the diversion and some processed using by the Criminal Code or the criminal path. Another thing despite applying diversion path towards children in conflict with the law but there is no uniformity or sameness models of diversion as mandated in Law No. 11 Year 2012 on Child Criminal Justice System</em><br /><br />

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