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[129]<br />
and is not confined to deprived, inner-city areas. Awareness <strong>of</strong> the<br />
problems <strong>of</strong> child abuse should be the legitimate concern <strong>of</strong> all teachers.<br />
(9) The role <strong>of</strong> the courts in child abuse<br />
Strauss (1974) was <strong>of</strong> the opinion that medicine and law are frequent bedfellows but<br />
nowhere does this relationship create more havoc than when it comes to the abused<br />
child which precipitates an interaction between doctor, lawyer, social worker and the<br />
law enforcement arm <strong>of</strong> the government. The goal is the common one <strong>of</strong> the physical<br />
and emotional well-being <strong>of</strong> the abused child and for the maintenance <strong>of</strong> that state.<br />
Yet several different pr<strong>of</strong>essional disciplines collide headlong in their attempts to<br />
provide for the common goal.<br />
Strauss (1974) warned that the imposition <strong>of</strong> penal sanction may merely substitute one<br />
trauma by another. Arresting the <strong>of</strong>fending parents, bringing them to trial may just<br />
perpetuate the disruption in the family. He said that by involving criminal process we<br />
may encourage the social craving for revenge without doing anything constructive.<br />
Strauss (1974) said social workers and doctors should remain in charge <strong>of</strong> the case as<br />
long as possible and only resort to court when it becomes obvious that their resources<br />
will fail and the protection <strong>of</strong> the court is needed.<br />
Kelly (1973) stated that the courts are bound by strict procedures and must present<br />
their cases properly. A children's court is not able to remove a child on mere hearsay<br />
evidence. All evidence mnst be properly presented or the courts cannot exercise their<br />
function <strong>of</strong> protection. Kelly (1973) also cautions that the exercise <strong>of</strong> powers by the<br />
court is not sufficient. The child must have follow-up treatment. The final decision<br />
whether or not to remove the child is the magistrate's or the judge's. This decision can<br />
only be made properly if he has full details in front <strong>of</strong> him. Otherwise his hands are<br />
tied and he may have to find a child not in need <strong>of</strong> care, albeit that the child<br />
desperately needs protection.