Why The Criminal Justice System Works Will Only Make Me A Better Victim Advocate

Children are forced to forfeit their homes, their safety, their public and self-image, and their primary source of comfort and affection (Bernstein 2005). A national survey found that almost 70% of children when present when their parent was arrested (Bernstein 2005). Researcher Christina Jose Kamfner interviewed children who had witnessed their mother’s arrest and found that many suffered from post-traumatic stress symptoms; they could not concentrate or sleep and had flashbacks of the arrest (Bernstein 2005). The majority of the children at the scene of an arrest are taken away in a police car which is more intimidating than to say if they were taken away in a child welfare worker’s car (Bernstein 2005). Many of these children (is no other family is available) are shuffled around in the course of an arrest; the hospital for physical examinations first, then the police station for appropriate , “paperwork,” then to a juvenile detention center and lastly, they are deposited at a foster home (Bernstein 2005). Anyone can vouch that the process of what to do after the arrest is clearly a traumatizing one at that. After the arrest, children wait anxiously for the level of the sentence that their parent has to face. In most cases, children are unaware of why their parent is being sentenced because they were unaware that their parent was involved in the crime. Carl, for example, only remembered

Child abuse has an impact on the many crimes America faces. Child abuse is not always easy to distinguish at a quick glance and can go on for years without someone knowing. Many criminal justice practitioners are involved in these cases. Between psychologist that help the children recover ,and find out their stories to the police officers who arrests the offenders, Child abuse is a delicate situation and takes the upmost care.

According to research, these young people who have entered the foster care system have experienced at least one caregiver-related trauma (abuse or neglect). “Unaddressed childhood trauma causes a broad range of severe behavioral, emotional, and financial consequences”(Beyerlein, B. A., & Bloch, E. 2014). A recent increase in awareness for children and young people in the child welfare systems shows a need for trauma-informed care that will produce prevention and intervention for these young victims of abuse and

In response to this movement, more support services were established for victims and measures were provided allowing victims greater involvement in the criminal justice process through a variety of means. This increased the need for research into the effects of crime on victims and how best their needs can be met.

Attentively, I watched a television from a large wooden table, crammed into a small interview room. As the young child on the screen painfully disclosed years of horrific abuse and neglect to a forensic interviewer, I observed in silence. Surrounded by a multi-disciplinary team of police officers, Department of Child Services case managers, advocates and prosecutors, I knew my purpose. I wanted to be a voice for those who were unable to speak and advocate for themselves. My internship with the St. Joseph County Prosecutor’s Office, Special Victims and Family Violence Unit, allowed me the opportunity to explore my interest in the legal system and helped kindle my passion for child welfare.

America has a staggering problem among its youths and is in desperate need of help. Every day, young, innocent children are being abused. Unfortunately, this rate only seems to be growing as the foster care system is becoming flooded with children who need help. According to the website, Foster Club, a child is entered into the foster care system every two minutes. The reasoning for a child being placed in foster care can range, but mostly it is because of abuse. These traumatizing experiences and memories can hinder a person for the rest of their life. These kids find themselves in a terrible situation and learn ways to cope with the pain. It can be easy to judge their behaviors but for somebody with a normal life we can never understand the trials that they have had to live through. Fortunately, the psychological damage that is done can be reversed but in order to understand this fully we first need to know the negative psychological affects abuse can have on a person.

Other health problems arise when the trauma from past experiences such as abuse or violence in the home cause long term effects in the children. The needs of children in foster care are multifaceted and the problems are exacerbated when the resources in the community are scarce and when the service system is fragmented (Halfon, Berkowitz, & Klee, 1993). Due to the complexity of their problems and the degree of vulnerability, a well-trained and

Outline and explain the three key goals victims can pursue through the criminal justice system.

The subject of victimization and childhood trauma and neglect, especially sexual victimization is in desperate need of additional awareness despite the increase in the research literature over the past three decades. Youth who experience any form of victimization, whether it be sexual, emotional, and/or physical throughout their childhood are known to have difficulties in their childhood and adolescent development (McCuish, Cale & Corrado, 2015). The abuse they experience can be from their caregivers, sexual victimization by acquaintances and strangers, assaults by peers and can be exposed to violence in their neighborhoods (Finkelhor, Ormrod, Turner and Holt, 2009).

The need for understanding the phenomenon of repressed memories is also very important from a legal standpoint. In recent years there has been numerous cases of people suing their parents or other authority figures for abuse that has been recalled many years after the abuse was said to have occurred. The rulings in these cases have often been controversial considering there is often not enough concrete or collaborative evidence to prove the accused to be guilty or innocent. The judge and jury are often forced to make a ruling that relies heavily on the testimonial of the accuser. This is very contentious considering there is not an accurate and reliable test to determine the validity of the accuser.

As victims of crime, there are assured of right that they possess during the criminal and juvenile justice system. Victims of crime has the right to receive information regarding obtainability of victim compensation, as well as the role; victim advocate role; and phases of the court system. Additionally victim have the right to be notified, updated, advised, present, and heard at any and all phases and if preferred, provide a Victim Impact Statement. A Victim Impact Statement is a questionnaire that allows the victim to express their feelings and thoughts on the incident and how it may have effected their lives emotionally, physically, financially, and mentally. This form is utilized like a silent expression that victim use to communicate the

Child welfare officials are obligated to provide children who have suffered from abuse or neglect with appropriate homes. Unfortunately, The Children’s Rights Organization reveals that there were 4 million reports of child maltreatment in the United States. Based on the overall results, the data concludes that more than 78 percent of the perpetrators of maltreatment were parents acting alone, together, or with other individuals (“Child Abuse and Neglect” 1). When children are removed from their home and placed in foster care, it is also assumed that the children are no longer in danger. Parents who lack training and compassion end up maltreating the children.

A person who experiences a traumatic event may be expected to experience a range of psychological effects, and, for many years, it was assumed that these psychological effects would be the same regardless of the cause of the injury. However, a growing body of knowledge is demonstrating that the impact of criminal victimization is different than the impact of other types of injuries because the intent element makes a difference in how the victim perceives the harm. In addition, victims of different crimes may respond differently to victimization. The psychological effects of victimization are important because they can help guide the criminal justice system for how to interact with victims and how to make the process more victim-appropriate. For example, victims of violent crimes, like sexual assaults, may benefit more from a victim-centered criminal justice approach than victims of other types of crimes (Resick, 1987). However, one of the problems with the traditional approach to victimology is that it has distinguished between different groups of victims. Emerging research suggest that victim needs are similar across the entire spectrum of crime, particularly the victims' needs for information about the crime and the needs for financial restitution to make them whole (ten Boom & Kuijpers, 2012).

This stance on repressed memory supports that sexual abuse taken place during childhood can’t be recalled at a later time. “During therapy, some psychotherapists may repeatedly suggest to clients that they might have been sexually abused during childhood. This suggestion could be blended with reality to create a false memory” (Matlin, 183). Thus, as we are socially pressured to create these scenarios, we will tie certain situations in our life with the suggested event to create our own perspective of this memory. As Geraerts and Smeets state “A number of psychologists have questioned the existence of repressed and recovered memories of trauma because of the lack of solid evidence for such memories” (1130). Furthermore, as these memories are created in our mind, we do not have witnesses or physical proof to support that this type of sexual abuse has actually happened to the child in

The criminal justice system has been subject to the criticism that it prioritizes the interests of the offender over those of the victim. However, in spite of such judgments, the victims of crimes are a leading concern of the criminal justice system. The level of importance that is assigned to victims has been made evident by the actions taken by this system. For example, funding and resources have been allocated to those individuals who have endured suffering at the hands of others. Alternatively, a victim’s impact statement may have substantial clout in a court proceeding. Essentially, if a defendant is found guilty, the victim can address the courtroom and consecutive sentencing can be contingent on their testimony. Moreover, child abuse