Commentary: The Legal System Response to Child Maltreatment.

Legal actions are perhaps the most powerful responses to child maltreatment. Criminal and child protection investigation and forensic interviewing can provide the evidence needed to support a child victim's disclosure. Prosecution of child maltreatment can hold perpetrators accountable. Juvenile and family court actions can provide for children's safety and oversee their care in state custody and journey to a permanent home. This commentary introduces readers to a special issue of the journal Child Maltreatment that focuses on the legal system response to child abuse and neglect. We provide an overview of the issue's 11 research articles and additional commentary. These works provide crucial new knowledge on gaining information from child victims involved in the legal system, on the law enforcement and prosecution response to child maltreatment, and on the legal framework supporting child protection.

Can the punishment fit the crime when suspects confess child sexual abuse?

OBJECTIVE: To determine significant predictors of severity of sentencing of sex offenders of minors in a jurisdiction which obtains many confessions. METHOD: Data were abstracted from 323 criminal court case records of sexually abused minors over 11 years in a county which places a high priority on sexual abuse prosecution. The sample used in this analysis consisted of 218 men who received a sentence for a sex offense. Multiple regression analysis was used to examine what factors predicted severity of sentences. Specifically this study explores whether, in a county which is very successful in obtaining confessions to sexual abuse of children, the severity of sentence is explained by the seriousness of the crime (more severe type of sexual abuse, younger age of the victim, prior conviction of a sex offense, and abusing more than one child), or by factors unrelated to the seriousness of the offense, offender confession and/or having a court-appointed attorney. RESULTS: Factors that predicted the severity of the sentence were the seriousness of the sex crime, prior conviction of a sex crime, and young age of the victim. CONCLUSIONS: This community, with a high confession rate and a high conviction rate, imposed sentences that were consistent with the crimes, with more severe sentences for more serious crimes. Convenience factors, such as the fact the offender confessed, and systemic factors, such as having a court-appointed attorney, did not result in more severe sentences.