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Criminal Investigation eighth edition ELEVEN Crimes Against Children Swanson • Chamelin • Territo McGraw-Hill © 2003, The McGraw-Hill Companies, Inc. All rights reserved. LEARNING OBJECTIVES • Recognize types an patterns of burn injuries found in child abuse • Define and discuss shaken-baby syndrome • Explain Munchausen syndrome by proxy • Identify types of child molesters, and explain investigative and interview techniques for cases of child molestation • Outline types of child pornography • Define incest and outline profiles of incestuous fathers • Describe the profile of infant abductors • Outline the assessments and investigative procedures used to determine whether a child has run away or has been abducted • Discuss sex-offender registration and community notification laws • Recognize threat assessment factors and levels of risk in committing school crime McGraw-Hill 11-1 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. ASSAULTS AGAINST CHILDREN • The most common cause of children's death is physical abuse, often by their own parents • The clinical term commonly used to describe physically abused children is the battered-child syndrome • Abuse of children takes various forms, from minor assaults to flagrant physical torture • Although abusers use a wide variety of instruments, the two most common are the belt and electric cord McGraw-Hill 11-2 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. BURN INJURIES AND CHILD ABUSE • Typologies of Burns. A burn may be classified by how severe or “deep” it is, or by how the injury occurred. • Medical Classification of Burn Severity. Physicians primarily categorize burns as having either “partial thickness” or “full thickness.” • Causes of Burn Injuries – Scald burns occur when the child comes into contact with hot liquid – Contact burns occur when the child encounters a hot solid object or flame McGraw-Hill 11-3 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. CLASSIFICATION OF BURNS • Physicians classify burns as having: – partial thickness – or full thickness Classification Characteristics First degree Partial-thickness burns: • Erythema (localized redness) • Sunburnlike • Not included when calculating burn size • Usually heal by themselves Second degree Partial-thickness burns: • Part of skin damaged • Have blisters containing clear fluid • Pink underlying tissue • Often heal by themselves Third degree Full-thickness burns: • Full skin destroyed • Deep red tissue underlying blister • Presence of bloody blister fluid • Muscle and bone possibly destroyed • Require professional treatment Fourth degree Full-thickness burns: • Penetrate deep tissue to fat, muscle, bone • Require immediate professional treatment McGraw-Hill 11-4 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. CIGARETTE BURNS • If an investigator sees burns such as those pictured, they should: – become highly suspicious – look for other signs of abuse – question the parents/guardians (Courtesy Milwaukee County Department of Social Service) McGraw-Hill 11-5 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. SHAKEN BABY SYNDROME • Shaken-baby syndrome (SBS) is the severe intentional application of violent force (shaking), in one or more episodes, that results in intracranial injuries to the child. The mechanism of injury in SBS is thought to result from a combination of physical factors, including the proportionately large cranial size of infants, the laxity of their neck muscles, and the vulnerability of their intracranial bridging veins. McGraw-Hill 11-6 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. MUNCHAUSENS SYNDROME BY PROXY • Munchausen syndrome is a psychological disorder in which the patient fabricates the symptoms of disease or injury in order to undergo medical tests, hospitalization, or even medical or surgical treatment • In cases of Munchausen syndrome by proxy (MSBP), a parent or caretaker suffering from Munchausen syndrome attempts to bring medical attention to himself or herself by injuring or inducing illness in a child McGraw-Hill 11-7 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. SITUATIONAL CHILD MOLESTORS • For purposes of discussion Kenneth V. Landing of the FBI divides child molesters into two categories. – situational – preferential Regressed Morally Indiscriminate Sexually Indiscriminate Inadequate Basic characteristics Poor coping skills User of people Sexual experimentation Social misfit Motivation Substitution Why not? Boredom Insecurity and curiosity Availability Vulnerability and opportunity New and different Nonthreatening Method of operation Coercion Lure, force, or manipulation Involve in existing activity Exploits size, advantage Pornography collection Possible Sadomasochistic; detective magazines Highly likely; varied nature Likely Victim criteria (Source: Kenneth V. Lanning, Child Molesters: A Behavioral Analysis for Law Enforcement Officers Investigating Cases of Child Sexual Exploitation, 3rd ed. (Arlington: VA: National Center for Missing and Exploited Children, 1992), p. 10. Reprinted with permission of the National Centers for Missing and Exploited Children (NCMEC). Copyright 1986, 1987, and 1992, NCMEC. All rights reserved.) McGraw-Hill 11-8 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. PREFERENTIAL CHILD MOLESTERS Seduction Introverted Sadistic Common characteristics Sexual preference for children; child pornography or erotica Sexual preference for children; child pornography or erotica Sexual preference for children; child pornography or erotica Motivation Identification Fear of communication Need to inflict pain Victim criteria Age and gender preferences Strangers or very young Age and gender preferences Seduction process Nonverbal sexual contact Lure or force Method of operation (Source: Kenneth V. Lanning, Child Molesters: A Behavioral Analysis for Law Enforcement Officers Investigating Cases of Child Sexual Exploitation, 3rd ed. (Arlington: VA: National Center for Missing and Exploited Children, 1992), p. 10. Reprinted with permission of the National Centers for Missing and Exploited Children (NCMEC). Copyright 1986, 1987, and 1992, NCMEC. All rights reserved.) McGraw-Hill 11-9 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. INTERVIEWING MOLESTED CHILDREN • Common sense and formal research agree that children are not merely miniature adults • Waterman has identified three types of developmental issues that are important when allegations of sexual abuse arise – First the child's developmental level relative to other children in his or her age group – Second is the child's development level with regard to sexuality – Third is the child's ability to respond adequately to interviews and to testify in court McGraw-Hill 11-10(a) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. INTERVIEWING MOLESTED CHILDREN • When anatomically detailed dolls were first introduced in the late 1970s they were widely hailed as an important advance in techniques for communicating with troubled children • One alternative that is being used by some police agencies either in connection with or instead of an anatomically detailed doll is to have the child draw his or her own picture • As with the anatomical dolls, leading questions are widely used as a courtroom technique to assist child witnesses McGraw-Hill 11-10(b) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. ANATOMICALLY DETAILED DOLLS • These dolls are used by some investigators • They show all body parts including genitals • Some experts disagree at to their overall usefulness (Courtesy Eymann Anatomically Correct Dolls, Sacramento, California) McGraw-Hill 11-11 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. CHILD PORNOGRAPHY • Commercial Child Pornography – Commercial child pornography is that which is produced and intended for commercial sale • Homemade Child Pornography – Contrary to what its name implies, the quality of homemade child pornography can be as good if not better than the quality of any commercial pornography • Use of the Computer and the Internet in Child Pornography – The ubiquity of the computer, and by extension the Internet, is an unfortunate asset to the child pornographer McGraw-Hill 11-1 © 2003, The McGraw-Hill Companies, Inc. All rights reserved. 11-12 INCEST • Incest is defined broadly to include any sexual abuse of a minor child by an adult perceived by the child to be a family member. McGraw-Hill 11-13© 2003, The McGraw-Hill Companies, Inc. All rights reserved. CHARACTERISTICS OF INCESTUOUS FAMILIES • The incestuous family is often reclusive • Overt incest is an example of tension-reducing acting out in a dysfunctional family • Serious disorganization in family roles often occurs before the beginning of the incestuous relationship • It is not uncommon for more than one child to be sexually exploited in the same family McGraw-Hill 11-14© 2003, The McGraw-Hill Companies, Inc. All rights reserved. TYPOLOGIES OF INCESTUOUS FATHERS (FINKELHOR AND WILLIAMS) • Type 1-The sexually preoccupied – These men had “a clear and conscious (often obsessive) sexual interest in their daughters” • Type 1-subcategory-Early sexualizers – Among the sexually preoccupied fathers, many regarded their daughters as sex objects almost from birth • Type 2 - Adolescent regressives – About one-third of the fathers - 33 percent - became sexually interested in their daughters when the girls entered puberty McGraw-Hill 11-15(a) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. TYPOLOGIES OF INCESTUOUS FATHERS (FINKELHOR AND WILLIAMS) (cont'd) • Type 3 - Instrumental self-gratifiers – They described their daughters in terms that were nonerotic • Type 4 - The emotionally dependent – These fathers were emotionally needy, lonely, depressed • Type 5 - Angry retaliators – These fathers were the most likely to have criminal histories of assault and rape McGraw-Hill 11-15(b) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. SUDDEN INFANT DEATH SYNDROME • Simply defined, SIDS is the sudden and unexpected death of an apparently health infant that remains unexplained after the performance of a complete autopsy McGraw-Hill 11-16© 2003, The McGraw-Hill Companies, Inc. All rights reserved. CHARACTERISTICS OF SIDS VICTIMS • Appearance – Usually normal state of nutrition and hydration – Blood-tinged, frothy fluids around mouth and nostrils, indicative of pulmonary edema – Vomitus on the face – Diaper wet and full of stool – Bruise like marks on the head or body limbs (postmortem pooling or settling of blood in dependant body parts) McGraw-Hill 11-17© 2003, The McGraw-Hill Companies, Inc. All rights reserved. ELECTRONIC MONITORING DEVICE USED TO PREVENT SIDS • Device used to prevent SIDS • Monitors heart and respiration rates • Parents alerted by light and audible alarm (Courtesy Joseph and Karin Venero) McGraw-Hill 11-18© 2003, The McGraw-Hill Companies, Inc. All rights reserved. INFANT ABDUCTION • Infant abduction is the taking of a child less than one year old by a nonfamily member • Infant abductions do not appear to be motivated by: – – – – McGraw-Hill desire for money sex revenge custody 11-19© 2003, The McGraw-Hill Companies, Inc. All rights reserved. PROFILE OF THE INFANT ABDUCTOR • Infant abductors are usually women • Women account for 141 of the 145 cases analyzed • Ages ranged from 14 to 48 years old – average age 28 years old McGraw-Hill 11-20(a) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. PROFILE OF THE INFANT ABDUCTOR (cont'd) • Race was determined in 142 cases: – 63 offenders were white – 54 offenders were black – 25 offenders were Hispanic • Typical abductor does not have criminal record • If a criminal record does exist, it will likely consist of nonviolent offenses McGraw-Hill 11-20(b) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. USE OF AGE-PROGRESSION TECHNOLOGY TO SEARCH FOR MISSING CHILDREN • In recent years, computer technology has been used to age-enhance photographs of missing children. Information collected on the missing child including: – – – – – McGraw-Hill Full frontal photographs of the child Videotapes of the child, if available Information regarding identifying marks Hair color and style Traditional information 11-21(a) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. USE OF AGE-PROGRESSION TECHNOLOGY TO SEARCH FOR MISSING CHILDREN (cont'd) • Photographs of the parents and siblings at the comparable age of enhancement are also valuable • Computerized records of photographs and details are created and stored McGraw-Hill 11-21(b) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. AGE PROGRESSION COMPUTER TECHNOLOGY • This technology was built by using the expertise and techniques of: – The FBI – Experienced police artists (Courtesy National Center for Missing and Exploited Children) McGraw-Hill 11-22© 2003, The McGraw-Hill Companies, Inc. All rights reserved. INVESTIGATIVE DETERMINATION OF RUNAWAY OR ABDUCTION • Runaway or abduction cases • The Parental Interview – The need to interview parents separately from other family members and reporting parties remains critical • Victimology – To understand if the child's absence in consistent with established patterns of behavior, officers first must understand the child’S normal actions prior to the disappearance • Resources – To successfully sustain a voluntary long-term absence, the runaway child must have access to resources that will satisfy basic needs, such as food, shelter, and transportation McGraw-Hill 11-23(a) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. INVESTIGATIVE DETERMINATION OF RUNAWAY OR ABDUCTION (cont'd) • Scene Assessment – A search of the missing child's residence can provide useful information to investigators • Time Factors – Statistics indicate that the majority of runaway children cannot sustain an absence for more than two weeks McGraw-Hill 11-23(b) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION • The Laws – In 1994, Congress passed the Jacob Wetterling Crimes Against Children and Sexuality Violent Offender Registration Act (The Jacob Wetterling Act) – The act required that states create sex offender registries within three years or lose 10 percent of their funding under the Edward Byrne Memorial Program – The Pam Lychner Sexual Offender Tracking and Identification Act of 1996 amended the Jacob Wetterling Act by establishing a national sex offender database, which the FBI maintains McGraw-Hill 11-24(a) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION (cont'd) • Registration Requirements – Although sex offender registration requirements vary according to state laws, some common features exist in registries across the country – For example, a state agency (i.e., state police) maintain the registry for the state • Notification Features – The most basic form of notification, sometimes referred to as “passive notification,” allows inquiring citizens to access registry information at their local law enforcement agencies McGraw-Hill 11-24(b) © 2003, The McGraw-Hill Companies, Inc. All rights reserved. SCHOOL CRIME: FACTORS IN THREAT ASSESSMENT • Specific, plausible details are a critical factor in evaluating a threat • The emotional content of a threat can be an important clue to the threatener’s mental state • Precipitating stressors are incidents, circumstances, reactions, or situations which can trigger a threat • Pre-disposing factors. Underlying personality traits, characteristics, and temperament that predispose an adolescent to fantasize about violence or act violently McGraw-Hill 11-25© 2003, The McGraw-Hill Companies, Inc. All rights reserved. LEVELS OF RISK IN SCHOOL CRIME • Low level of threat. A threat which poses a minimal risk to the victim and public safety. • Medium level of threat. A threat which could be carried out, although it may not appear entirely realistic. • High level of threat. A threat that appears to pose an imminent and serious danger to the safety of others. McGraw-Hill 11-26© 2003, The McGraw-Hill Companies, Inc. All rights reserved. WEAPON DETECTION PROGRAMS • Weapon detectors are now used in some schools • These systems are expensive • These systems also require a security guard to be present (Courtesy Chester A. Higgins, Jr., and the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice) McGraw-Hill 11-27© 2003, The McGraw-Hill Companies, Inc. All rights reserved.