The U.S. Supreme Court on victimized children: the constitutional rights of the defendant versus the best interests of the child.
In deciding seven recent landmark child abuse cases, the U.S. Supreme Court has addressed and sought to balance the inherent conflict between the constitutional rights of the defendant and the best interests of the child. In four of the cases, the Court found that the interests of the child superseded the rights of the defendant. In three cases, the Court gave more validity to the constitutional rights of the defendant. The author examines the lengthy nature of such legal proceedings and the reasoning forming the basis for the Supreme Court's decisions.
Department of Psychiatry, New York University School of Medicine, New York.
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Kermani
D000293:Adolescent; D002648:Child; D002649:Child Abuse / Q000331:legislation & jurisprudence*; D002650:Child Abuse, Sexual / Q000331:legislation & jurisprudence*; D002655:Child Custody / Q000331:legislation & jurisprudence*; D002675:Child, Preschool; D002961:Civil Rights / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D007223:Infant; D008297:Male; D014481:United States