The Criminal Justice System And Acts Of Prevention Social Work Essay

An effectual technique in reacting to force against kids and young person is to forestall it from happening in the first topographic point. The Criminal Justice System needs to aim the beginning of the job instead than waiting for a kid maltreatment instance to be reported so make up one’s minding to step in. The condemnable justness systems needs to work with and organize an confederation with members of the community, which include child public assistance workers, instructors, wellness attention forces, and societal workers. These persons would be the first to inform the governments if they witness or suspect that a kid is being maltreated. Due to the fact that jurisprudence enforcement is non ever present in communities, the members of these communities will be the footing of bring outing any ‘hidden ‘ signifiers of kid maltreatment. It is besides of import for jurisprudence functionaries to inform members of the community that they have the responsibility to describe any signifier of kid maltreatment, and if they fail to make so they excessively could be prosecuted. As stated in subdivision 72 of the Child and Family Services Act, it is perfectly compulsory that one time an person has sensible evidences to surmise that a kid is being abused he/she must do a study instantly whether it ‘s to the constabulary or the Children ‘s Aid Society ( Rock, 2005 ) . Unfortunately, non many people are incognizant of their compulsory duty to describe. Informing community members on their responsibility to describe is the first measure the condemnable justness system should transport out when covering with force against kids.

On the other manus, even though child maltreatment is illegal under the condemnable codification it does non vouch the protection of kids and young person. Children whom are still victimized with neglect to the jurisprudence require an instant effectual response from the condemnable justness system. Whatever is decided by the tribunals ( condemnable justness system ) should be in the best involvement of the kid. It is of import for the condemnable justness system non to trust merely on kid public assistance services to react to child ill-treatment but they should work aboard to prosecute maltreaters. Lindsey and Regehr ( 1993 ) have criticized the condemnable justness system for trusting excessively much on kid public assistance practises. There is excessively much duty put on kid public assistance systems to cover with terrible physical and sexual ill-treatment and by making this we deny kids their rights to protection from the constabulary which puts them in more endangerment ( Lindsey and Regehr, 1993 ) . By forbearing from naming the constabulary gives prosecuting officers the opportunity to get away prosecution charges, which merely allows them to reiterate their discourtesy whilst disregarding the effects ( Lindsey and Regehr, 1993 ) . Child public assistance workers use their single discretion when make up one’s minding what needs to be reported to the legal system. They might make up one’s mind that an issue is minor and decides that he/she can repair the issue, nevertheless the issue is serious and should be reported to the condemnable justness system. Linsey and Regehr ( 1993 ) besides argues that the condemnable justness system needs to do differentiations between kid maltreatment and disregard. Child maltreatment and disregard are fundamentally two different jobs and should be handled in different ways. Child maltreatment should be instantly alerted to the condemnable justness system, it is clearly a legal issue that needs to be handled by the justness system. Neglect, nevertheless, should be handled by kid public assistance workers because it involves issues of poorness ( Lindsey and Regehr, 1993 ) . Because terrible kid maltreatment is without a uncertainty a condemnable act it should be reported to governments and dealt with in the tribunals because “ it requires rigorous legal attempts to penalize the maltreater and supply protection to the abused kid ” ( Lindsey and Regehr, 1993, p. 512 ) . The condemnable justness system should n’t merely make up one’s mind to take a kid from a family because he/she is being neglected. Because kid disregard is influenced by poorness, parents might non needfully mean to pretermit their kid. However, due to a deficiency of money and a deficiency or resources might ensue in the damage of properly lovingness for a kid. The condemnable justness system should concentrate more on taking kids from violent opprobrious households/families that continue to jeopardize their lives ( Lindsey and Regehr, 1993 ) . The kid public assistance workers should concentrate on helping households who might expose marks of disregard by offering and learning them better rearing techniques ( Lindsey and Regehr, 1993 ) . However, if the job persists and the neglect intensifies so the public assistance workers will inform the justness system.

Similarly, Lindsey and Regehr ( 1993 ) emphasized that the condemnable justness system should guarantee condemnable charges are laid against opprobrious parents as an effectual agencies of supporting kid victims from maltreatment. Declaring condemnable charges against opprobrious parents is far more effectual than merely holding the kid invariably monitored by kid public assistance or taking the kid from his/her place ( Lindsey and Regehr, 1993 ) . Besides, by pressing charges reduces the opportunities that the parent/caregiver will reiterate their discourtesy. Abusers might believe twice before they decide to harm a kid now that they are cognizant that they are interrupting the jurisprudence ( Lindsey and Regehr, 1993 ) . Basically, the most effectual manner of battling condemnable kid maltreatment is by leting the constabulary and other justness governments to look into and prosecute kid maltreaters Lindsey and Regehr, 1993 ) . Child welfare workers on the other manus have the chief duty to supply safety and protection to the harmed kid.

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In malice of the many Torahs that prohibit force against kids there are still some ambiguities in the Criminal Code. Some may reason that subdivision 43 of the Criminal Code which specifies the rectification of kid by force is obscure and equivocal. Section 43 implies that any health professional ( parent, instructor, baby-sitter, etc ) is justified by utilizing force against a kid as a manner of rectification when the kid is under their attention, one time the force does non transcend what is sensible under the fortunes. However, sensible force is obscure and equivocal every bit good as what truly constitutes “ sensible under the fortunes ” . Due to its vagueness and wideness this jurisprudence really advocates for cruel penalties against kids. It does non foster the best involvement of the kid and it besides violates the Charter of Rights and Freedoms. This defect in the Criminal Code signifies the demand for condemnable jurisprudence reform and the sweetening in its efficiency. Fortunately, the Department of Justice Canada released a fact sheet on kid maltreatment in which they expressed their purposes to prosecute condemnable jurisprudence and policy reform. They are researching adding new specific discourtesies committed against kids in the Criminal codification. Besides, sing that the facets of the Criminal Code that outlines the age of consent are appropriate. Furthermore, raising the age of consent in respects to sexual activity and besides amending parts of the Criminal Code that contains condemning to foster the protection and best involvement of the kid ( Department of Justice Canada: fact sheet, 2001 ) . Probably the most of import characteristic of the jurisprudence is making better experiences for kid informants in tribunal and helping them with their testimonies in court/criminal proceedings ( Department of Justice Canada: fact sheet, 2001 ) . Even though kids are so immature and might non be non be able to show themselves decently their testimonies should non be under-estimated or taken less earnestly. Children should besides non be questioned in ways that are inappropriate for their age, they should non experience stressed when being cross-examined ( Department of Justice Canada: fact sheet, 2001 ) . It is important for a kid to hold support before, during and after any type of continuing. Recordings, video-tapped grounds and other testimonies done outside the courtroom should be permitted to give kids the opportunity to experience less force per unit area to open up ( Department of Justice Canada: fact sheet, 2001 ) . Overall, the condemnable jurisprudence needs some accommodation to further efficaciously protect and respond to abused kids.

Additionally, it is of import for the condemnable justness system to handle all maltreaters with every bit punishment and all kid victims with equal intervention and full protection. Sedlak, Doueck, Lyons, Wells, Schultz, & A ; Gragg ( 2005 ) conducted a survey in which they gathered information and made anticipations sing tribunal engagement in serious kid ill-treatment instances. The consequences indicated that incidents affecting female victims ( younger misss ) were more likely to be heard in condemnable tribunal while sexual maltreatment was most likely to ensue in condemnable prosecution ( Sedlak et al. , 2005 ) . It is besides of import to observe that one of the grounds that instances affecting female victims were more likely to me heard in condemnable tribunal is because the bulk of sexual assault victims are younger females. Another interesting determination is that male culprits were more likely to be reprehensively prosecuted than females every bit good as culprits who abused legion victims ( Sedlak et al. , 2005 ) . However, out of all these findings one stood out as slightly flooring: the judicial system seems to set frontward less attempt when reacting to mistreat instances affecting kids with damages ( Sedlak et al. , 2005 ) . One account for this might be the fact that these kids lack proper communicating accomplishments which impairs the quality of their informant testimonies ( Sedlak et al. , 2005 ) . However,


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