Child Maltreatment as Crime, Essay Example

The question of the necessary amount of violence or criminal negligence necessary for considering child maltreatment a crime has been perplexing the theorists and practitioners of the criminal justice system for many years. It is clear that killed or tortured children, those who died of malnutrition or thirst, or those who developed some chronic conditions because of parental neglect are the cases of criminal responsibility. However, stepping aside from horrifying cases of crimes against children, one should think of cases of moderate or mild child neglect such as too strict discipline, psychological discomfort, parental indifference and excessive concern with their careers, spending little time with a child for his or her emotional development, etc. Are they crimes punishable by law, and what punishment may a legal system presuppose for such people to make them understand that child neglect is a serious issue? These questions remain unanswered, which partly contributes to the ambiguity of the child maltreatment concept in the legal and community understanding.

Judging from the tiered approach to child maltreatment (primary, secondary, and tertiary interventions), one can advise the system for criminal punishment of child maltreatment as well. The primary prevention system treats all parents and children similarly, and provides education on the ways in which child maltreatment can be avoided. Hence, at this stage, parents who have problems with child-rearing or have questions regarding child care should be assisted in every possible way. The secondary prevention measures target parents with risk factors such as substance abuse, low SES, etc. – closer attention and home visiting programs should be developed for such at-risk families to prevent crimes. Here, the legal system should already be enacted – it should not only detect the crimes that have already taken place, but it should take proper care of avoiding them. Social services are helpful, but they do not play a deterrent role similar to law enforcement forces. Hence, at-risk families should be assigned to regular visits of social and law enforcement workers, they should be regularly screened for the presence of neglect, abuse, or violence in family, etc. The present stage does not presuppose a criminal responsibility for certain mild neglect issues; however, if such a new system is enacted, parents will know that they are watched, and they will know that in case they make a wrong step, they will be incarcerated, or other legal measures will be taken to ensure the absence of harm they can inflict on their children. The tertiary prevention system is surely the one that deals with criminal responsibility – if primary and secondary steps failed, and the act of violence or severe neglect took place, the criminal prosecution is needed for abusive parents to know they do not have the unlimited power over their children.

References

Kirkpatrick, K. T. (2004). Reframing Child Abuse and Neglect for Increased Understanding and Engagement: Defining the Need for Strategic Reframing. White Paper #1. Chicago, IL: Prevent Child Abuse America.