The Criminal Justice Process for Guardians

1. The Criminal Justice Process for Guardians

2. Offense reported • Citizen/witness report • Victim report • Mandated report • To Law enforcement/or social services

3. Team Investigation • Law enforcement and Social Services

4. WHY • Required by law since 1975 in Minnesota • GOALS • To reduce trauma experienced by child abuse victims (avoid multiple interviews) • To enhance prosecution and other appropriate dispositions of child abuse cases • By gathering more complete and powerful evidence • By assessing needs/risks of child and family

5. WHAT – Child Abuse • Sexual, physical or neglect by person responsible for the child’s care • Parents, family members, persons living in the residence, babysitters, daycare workers, teachers, custodians, bus drivers, etc. • And as of 8/1/12 – cross report abuse of children by non-caregiver so that Social Services may offer support to victim/family

6. The child abuse investigation is vastly different from the standard investigation • Victim loves the offender • Victim relies on the offender • for care, housing, food, etc. • Team with other disciplines • to benefit the children

7. Collaboration of disciplines: • The importance of early meetings • Decide plan for investigation • Meet with experts early • to go over the evidence/findings • Decide if special experts needed • Medical examiner/coroner • Pediatric • Child abuse expert/domestic violence expert • BCA – DNA, etc. • Forensic dentist

8. Child’s Interview/Statement • Video interview preferred • Good production values – • hear child, see child’s face/expressions • Only one other person in room • Allow child to narrate • Maintain professional distance • balanced with empathy • Details of abuse • Child’s affect during disclosure

9. Child’s Interview/Statement (continued) • Spontaneity of disclosure • Developmentally appropriate language • Using clear language • Avoid jargon • Corroboration • Look beyond the interview with the child • Identify types of physical evidence –

10. Other issues • Possible recantation by victim • dynamics • Non-offending parent – • Possible failure to protect • Motives? • Family Court • Coordination with or lack thereof

11. Document the crime scene • There is always a crime scene • Type of evidence • Suspect’s clothing – match child’s description? • Location – room/furnishings match child’s description? • Photos – jurors love photos • Victim clothing – blood stained power puff girl panties • Vehicles: match child’s description, is it a crime scene? • Computer, discs, zip drives

15. Recognizing When a Child’s Injury or Illness is Caused by Abuse • Repetitive Accidents • Skin injuries • Location and pattern • Multiple injuries of different ages • Lack of injuries while in hospital or foster care • Bruises • Infants • Bony prominences • Bruise configuration; pattern injury • Natural or normal bruising • Mongolian spots/birthmarks resemble bruises • Burns • History – suspicious • Location • Pattern

17. Other’s statements • Brainstorm about who else to talk to • Teachers • Bus drivers • Neighbors • Babysitters/daycare • Counselors • Extended family members • Guardian ad Litem

18. Confession by the suspect • Whenever possible, suspect interviewed • interrogation techniques – • To enhance accuracy/honesty of suspect • Suspect talks – detective listens • Non-confrontational initially

19. partial confession/admission • Admitted delays in seeking medical treatment • Admissions stressor crying/difficult feeding/toilet learning (the lascivious” or “sexually curious” six year old • Inadequate or changing explanation for injury, • trivial trauma to explain major injury • Child was wearing provocative clothing • Blame shifting • (sibling/spouse caused injury) • (spouse sexually cold) • Controlled call by victim to suspect – • consider age, ability, relationship

20. WHERE – Venue • Social services has jurisdiction • for children currently residing in county • no matter where abuse occurred • Law enforcement • Crim sex where the crime originates or terminates • Where any element of the offense was committed • Child abuse may be prosecuted • either in the county where the abuse occurred or where the child is found

21. Child Protection Assessment Process • Child Maltreatment Reporting Form • Conclusion of CP Assessment • Notice to Mandated Reporters

22. Sexual Abuse – child • Victim of criminal sexual conduct • Victim of Child prostitution • Exposure to or subject of pornography • Exposure to inappropriate sexual behavior

23. Physical Abuse • Non-accidental injury • Does not include reasonable and moderate discipline. But … • Confinement, locking, caging, tying, interference with breathing, etc. • Threatened physical harm • Giving a child dangerous or harmful substances for punishment

24. Neglect: will be assessed • Inadequate food, shelter, clothing, medical care or supervision and so on • Emotional Maltreatment: will be assessed

25. Lack of supervision: will be assessed • Any child 7 years old and younger left alone • Children 8-9 years old alone more than 2 hours • Children 10-13 years old left alone more than 12 hours • 14 year olds left alone more than 1 day • Any age child left alone more than 24 hours without knowing parent whereabouts

26. Arrest? • The nature of child abuse investigations – defendant not always arrested – an arrest starts a 36 hour time clock – a good child abuse investigation takes longer • Is defendant a flight risk? An immediate danger to public safety?

27. PROSECUTION • Complaint/Indictment – • multiple counts for one offense • Prosecutor makes charging decision • Probable cause • Proof Beyond a Reasonable Doubt • Complaint cites maximum sentence • Sentencing guidelines

28. AFTER COMPLAINT FILED • Arrest or Summons • First Appearance/Arraignment • Conditions of Release – No contact? • Conditions of contact? • Omnibus Hearing – Plea Negotiations • Contested Hearing

29. Timeline • Once charged – may take 9 – 12 months • To resolve case in plea or trial and sentence • Continuances common • State can ask for a speedy trial • Once convicted - • Appeals can go on for years

30. Trial • Witness Preparation • Jury Selection – Opening statements • Victim’s testimony • Other witnesses/physical-scientific evidence • Defendant may testify – present evidence • Closing statements/Instructions • Deliberations by jury or judge

31. Verdict • Acquittal – “not guilty” • Case not proven beyond a reasonable doubt • Hung jury – another trial scheduled • Guilty • Pre-sentence investigation/psych eval • Victim impact

32. Sentencing • Probation/Jail/Treatment/no contact • Registration (public when not in compliance) • Prison • 2/3 of sentence in prison (1/3 “parole”) • Conditional release • Registration • Community Notification – (Level 3)

33. MSG Grid (sample)

34. Sentencing • Dispositional departures • Durational departures • Mitigating/aggravating factors • Blakely

35. Report of possible crime/abuse/neglect • Mandated reporters • Mandated report: immediately • Within 24 hours • Failure to report • Misdemeanor • Gross misdemeanor if two children at risk • Felony if child dies

36. SUPERVISION • Most offenders are on probation • Jail rather than prison • Treatment • No contact • Intensive Supervised release • Risk assessment – • End of confinement review

37. Questions?