There is no more heinous or despicable crime than the abuse of a child–or one that poses a greater challenge to the prosecution in bringing a case.
The Tribune touched on this dilemma in its May 26 front-page article detailing some of the difficulties encountered in prosecuting child-abuse cases. As state’s attorney of Cook County I’ve taken significant steps to strengthen our ability to successfully prosecute such cases.
The challenge stems largely from the status of the victims. They are young, vulnerable and many times under the control of the abuser. Often they are unable to testify credibly about what happened. All too frequently there is little or no other evidence with which to prove the crime.
Our office has initiated an analysis of every case filed in Juvenile Court during a two-month period last fall. Our findings convinced us of the need to develop a system of tracking abuse and neglect cases within our office. We adopted a procedure whereby assistant state’s attorneys in Juvenile Court notify their supervisors when they believe further charges should be pursued in Criminal Court. That information is given immediately to our criminal division for review. As a result of our increased scrutiny, criminal investigations have been opened in all but one of the child-abuse cases mentioned in the Tribune article, even though most of them occurred several years ago.
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For us to succeed, we need to rely on the work and dedication of other professionals working in this field. For example:
– Police departments, who deserve commendation for their dedication to this issue, carry out investigations to provide the evidence necessary to prove child-abuse cases in court.
– Illinois Department of Children and Family Services caseworkers coordinate follow-up with child-abuse victims and identify abusers.
– The Cook County Public Guardian’s Office evaluates troubled homes to ensure that children are removed from abusive situations and cooperates with our office and law enforcement to ensure children are protected.
Our analysis also found that many different agencies (and individuals such as teachers, social workers and doctors) refer cases to Juvenile Court. Yet many of these entities are not versed in putting together a case for criminal prosecution. Since a successful prosecution requires that evidence be gathered promptly, this can cause problems for prosecutors. We are now working with some of these entities on prompt evidence-gathering procedures so prosecutors can make the case in court.
While many individuals are involved in preventing and uncovering child abuse, only the state’s attorney’s office is responsible for bringing criminal prosecutions. I am committed to prosecuting such cases to the full extent of the law. But, as frustrating as it may be, we cannot bring a case when the evidence is insufficient to meet our burden of proof.
That is why my focus as state’s attorney has been to strengthen our internal procedures and work closely with other agencies. Whatever the difficulties, my office will continue attacking the problems to improve the chances for success in child-abuse cases. I have no higher priority as state’s attorney than helping the smallest victims of crime.