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Treatment of Child Victims In the U.S. Criminal Justice System

Treatment of Child Victims In the U.S. Criminal Justice System. Judge Tom C. Rawlings Juvenile Courts Middle Circuit Sandersville, Georgia (478) 553-0012 Tom@sandersville.net www.tomrawlings.com. Brain Development. Brain cells form in first months of fetal life

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Treatment of Child Victims In the U.S. Criminal Justice System

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  1. Treatment of Child Victims In the U.S. Criminal Justice System Judge Tom C. Rawlings Juvenile Courts Middle Circuit Sandersville, Georgia (478) 553-0012 Tom@sandersville.net www.tomrawlings.com

  2. Brain Development • Brain cells form in first months of fetal life • Most brain cell connections are made in the 1st year • Connections decline after this time to age ten • The connections (synapses) grow and change as a result of stimulation from the environment

  3. Brain Development • Early, frequent, and intense stress tunes the brain to set stress regulation mechanisms at high levels. This often results in a child operating in a persisting fear state. • Under Stress, the Brain • loses ability to take in subtle clues • reverts to “tried & true” behaviors • becomes more automatic & over reactive • is less able to use “higher order” thinking skills • loses some memory capacity

  4. Major Crimes: Sex Offenses • Child Molestation: 5-20 years • Aggravated Child Molestation: 25-Life • Enticing a Child for Indecent Purposes • Child Pornography and Internet Crimes • Statutory Rape: 10-20 years • Exceptions for younger offenders

  5. Major Crimes: Sex Offenses • Sex Offender Registration • www.dcor.state.ga.us • Work and Living Limitations • Civil Commitment • Mandated Therapy

  6. Major Crimes • Cruelty to Children: • 1st degree, intentionally causing mental or physical pain, or willfully depriving of sustenance to extent child’s health or well-being is endangered: 5-20 years • 2nd degree, criminally negligent: 1-10 years • 3rd degree, exposing to domestic violence: misdemeanor but repeat offenses may be a felony

  7. Major Crimes • Reckless Abandonment: 10-25 years • Willfully abandoning child who dies • Contributing to the Delinquency or Deprivation of a Minor: • Misdemeanor, but repeat offenses punished more severely

  8. Protection During Investigation • Primary concern: Preventing further trauma to child • Cornerstone method of interviewing • Physical exams • Child-friendly environment • Non-leading questions

  9. Protection During Court Proceedings • Problems: Rights of Defendant, Right of Public to Access Trials • Child Hearsay Rule • Ability to testify outside view of defendant • Confrontation clause concerns • Discretion of Judge to Close Hearings • Victim-witness assistance

  10. Post-Crime Services • Social Workers • Non-Profits • Counseling • Victims’ Compensation Funds • www.cacga.org • www.cornerhousemn.org

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