Child abuse Flashcards
Landeros v Flood
Landmark case setting precedent for civil liability when doctor doesn’t report suspected child abuse
- set legal duty to report suspected abuse
Lassiter v Department of Social Services
involved a woman whose parental rights were being terminated - and she didn’t have an attorney
SCOTUS ruled that constitution DOESN’T mandate opportunity for counsel in parental termination proceedings
- left it up to the trial court
Santosky v Kramer
John and Annie’s parental rights were termed based on preponderance of evidence standard
SCOTUS: standard for parental rights term shown be CLEAR & CONVINCING
People v Stritzinger
man on trial for molesting his step-daughter argued that her therapist shouldn’t be able to testify about what she said in therapy due to therapist-pt confidentiality
CASC ruled testimony should have been excluded due to privacy and confidentiality rules
Kentucky v Stincer
man was excluded from a hearing where the child victim was questioned to determine her competency to testify
SCOTUS: nope, this did not violate your rights
Pennsylvania v Ritchie
man wanted access to the CPS file with the evidence that the DA was going to use against him in his sex abuse trial
SCOTUS: per 14th amendment he has a right to view potentially exculpatory evidence
- view the file in camera to protect the victim’s privacy
DeShaney v Winnebago County Department of Social Services
mother sued the county for failure to protect her child who was harmed when in the custody of his father
SCOTUS: constitution doesn’t impose a duty on local/state governments to protect people injured by private parties
Idaho v Wright
doctor testified about statements the victim made to him about her alleged sexual abuse but he did it without procedural safeguards - they weren’t spontaneous or in an emergency
SCOTUS: admission of this was not allowed because it’s hearsay
- violation of the confrontation clause
- he didn’t conduct a proper interview
Maryland v Craig
Sandra Craig charged with sexually abusing a minor who couldn’t testify in person because she was so distressed by the defendant’s presence
***opened the door for testimony by exerts to determine whether special procedures are necessary to protect child wits
SCOTUS: one-way closed circuit TV is acceptable for testimony in such a case
Must consider the following:
1. necessary?
2. child traumatized by being in the room with defendant?
3. is the emo distress significant (i.e., not just nervousness about testifying)?
Baltimore City v Bouknight
woman refused to produce her child when the court ordered it (she was suspected of abuse)
SCOTUS: 5th amendment protections against self-incrimination don’t protect a custodian from having to produce their child
- state’s interest is in the CHILD’S welfare
White v Illinois
White sexually abused a 4yo who tried to testify but was too distressed so the court allowed testimony from her babysitter, mom, ED nurder, doctor, and officer
SCOTUS: confrontation clause does not require that a declarant be produced at trial or found unavailable before out-of-court statements may be admitted into evidence
Dupuy v Samuels
Class action lawsuit in IL regarding due process violations based on removing child with only a MERE SUSPICION
Court held that temporary removal of children was OK but
- needed reasonable suspicion AND
- to set a standard for duration of removal
State v Andring
Man in therapy after being arrested and charged for sexual abuse of children; he was in group therapy and DA tried to get access to those tx session records
Minnesota SC ruled that group therapy is privileged and confidential
