- Eighteen states have a gap in the criminal statutory code between assault and murder. Severe and systematic violence not resulting in murder, but that is more than assault or endangerment is not addressed in these codes. For cases of child torture, prosecutors are forced to use generalized statutes that do not fit the elements and or nature of heinous, torturous acts and thus, often results in miscarriages of justice and dangerous perpetrators released into the public.
- NCCASP drafted a state-by-state legislative review.
- 2018 Edition to Be Released in March 2018
The American Bar Association’s State of Criminal Justice 2017 Book, features a chapter written by the Managing Director of NCCASP. It explores how the U.S. Supreme Court Case of Ohio v. Clark can swing the pendulum back towards justice for victims of childhood sexual abuse.
“In the least, Ohio v. Clark overrules the reasoning in Bordeaux and the similar line of cases where the statements of a very young child was found to have been testimonial statements. Although the U.S. Supreme Court has yet to address the question of whether statements made by young children during forensic interviews are testimonial, the reasoning in Clark was similar to Arroyo and suggests such statements may be nontestimonial.”