an anonymous hotline "tip" of suspected abuse, a parent
enters a gray area of American jurisprudence. And it is not
"murky" to his benefit.
Child Abuse, when alleged, is not a criminal matter. It is blithely characterized as a "Civil" matter, much the same as a lawsuit to collect on a breach of contract. Thus, the Constitutional protections afforded in a criminal case are not necessarily extended to those accused of Child Abuse. See YOUR Constitutional Rights and Miranda Right.
However, neither is a Child Abuse case a Civil case. If it were, prior to trial, the opposing legal team would NOT have access to the defendant beyond taking his deposition.
The star witness in a Child Abuse case has become the "child", by proxy of credentialed professionals.
In the 1980's Miami prosecutors devised a nationally-imitated method to win child molestation convictions. The Miami prosecutors pioneered a new technique: the use of child psychologists to "tease" memories out of children. A system was constructed whereby credentialed professionals became the child's advocate and presumed to SPEAK FOR the child. Or as popularized- "In the best interest of the child".
This was known as the "Miami Method".
There is virtually no defense against the Miami Method. The prosecutors create the evidence and propel the entire case through court unchallenged, control every aspect and actor (including the court-appointed attorney) in the case with no accountability, and complete impunity. See Nifonged
In court, licensed professionals (and now, mere CPS employees and VOLUNTEERS, such as CASA workers) speaking presumptuously "In the best interest of the child" enjoy "particularized guarantees of trustworthiness" A.K.A "Trustworthiness Doctrine" for their (often) second and third-hand HEARSAY. (Now, even when caught in a BALD FACED LIE, it matters not to Constitutionally "unencumbered" Walther-type "judges", who consider themselves "part of the prosecution team".
In a perfect, altruistic world, licensed professionals might operate honestly and fairly. But government, the usurper of public welfare, has degenerated into a vast series of bureaucratic monarchies. Unfortunately, the spoils system that has grown up around them gives interest groups a stake in perpetuating them.
Article Adapted from-