How far should the justice system go to protect children while trying to maintain the rights of defendants?
- Anonymous2 months ago
It's my opinion that the Justice system goes to the full extent of the law to protect the rights of children. The rights of "defendants" are a separate issue.
I would caution my fellow "users" against quoting other people's writings without quotes or giving credit to the writer.
- MikeLv 72 months ago
I used to prosecute child abuse cases in Family Court. I wouldn't bring a charge if I didn't have the evidence to prove it. That was not always a popular standard because there often is no sufficient evidence, and emotional reactions can color the social workers' attitudes. Sometimes social workers and police officers offered to commit perjury to accomplish the "greater good" of saving a child from a supposed abuser. Particularly in child custody cases, accusations are often vindictive. Some divorce lawyers recommend their clients allege abuse to gain some perceived advantage in a custody case. There were cases involving children with no physical indicia of abuse, too young to speak or react non-verbally to questions, and no witnesses. So, assuming the possibility that a defendant may actually be innocent, means no taking shortcuts with defendants' rights. Yes, sometimes rats get off, and will continue to get off, unless and until the government decides to expand its ability to disregard defendants' legal rights and substitute state power to determine right and wrong. Based on too many instances of the arbitrariness of official decisions, I can't agree with that.
Our anonymous friend seems to suggest children's rights and parents' rights are separable issues. In a criminal court case, an accused child abuser can be imprisoned and become a societal pariah just by being accused. In a Family Court abuse proceeding, the parent can lose custody of the child and the child placed in foster care, not an ideal arrangement unless absolutely necessary. The best interests of the child are not served by baseless, arbitrary separation from its family, but arbitrary decisions are a hallmark of officious officialdom. Parent and child are both served by maintenance of judicial standards.
- blankLv 62 months ago
The justice system can really only go as far as the law allows to protect kids and is required to maintain the rights of the defendants they face. IF the laws put the defendants rights before the welfare of a child, then there is little the justice system can do.
The good news is, at least in the US, that if people do not like the laws - they have representatives they can turn to and demand they be changed. The People may work together to force more protections of kids, even over some of the rights of defendants - the debate will be long and heated.... but there is a short it can be changed.