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PERFORMANCE OBJECTIVES

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PERFORMANCE OBJECTIVES

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  1. Compliance of Crime Victims’ Legal RightsYour Duty to Crime Victims: Know the Right, Do the RightPresented by:Bridgette Harwood, Esq.Staff Attorney at Maryland Crime Victims’ Resource Center, Inc. (MCVRC)andShirley E. HaasVictims’ Rights Compliance OfficerGovernor’s Office of Crime Control & Prevention

  2. PERFORMANCE OBJECTIVES • Examine why it is important for officers to respond to trauma victims with sensitivity. • Identify crimes that result in trauma to victims. • Explain how trauma affects the brain and behavior. • Review legal obligations to victims of crimes. • Discuss the benefits to law enforcement for assisting victims. • Demonstrate proper methods to comply with established mandates.

  3. The Trauma Aspect

  4. 4 Corners of Trauma Activity • Write down the name of a very close loved one (i.e. parent, spouse, child, friend). • Write down your favorite activity. • Write down your favorite place. • Write down a dark secret (may use a symbol).

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  9. The Reality A Victim is… Someone’s spouse Someone’s son or daughter Someone’s sister or brother Someone’s parent Someone’s friend

  10. Why This Matters • Building a rapport with the victim/witness makes your job and prosecution easier • Evidence Collection • Testimony

  11. Trauma 101

  12. Trauma 101 • Threatening or dangerous experience • Helplessness and lack of control • Determined by the response to the event not the event itself • Defined by the experience of the survivor • Reoccurring traumatic experiences can lead to Post Traumatic Stress Disorder (PTSD)

  13. What Causes Trauma? • Military experience • Surviving natural disasters • Serious accidents Crimes? • Any crime • Trauma is a subjective determination

  14. Trauma Effects on the Brain* • Two Phases • The Initial Crisis • Long-term Stress Reaction *As Defined by the National Organization for Victim Assistance

  15. The Crisis Reaction: Phase 1 • Normal state of equilibrium • Occasional Stressors • Trauma disrupts the range of equilibrium (puzzle example) • Acute • Chronic • Developmental

  16. Physical Reactions? • Increase in heart rate • Hyperventilation, perspiration and physical agitation • Heightened sensory perception • Regurgitation or urination

  17. Emotional Reactions • Parallels the Physical Response • Shock, disbelief and/or denial Most Common Responses? • Fear • Anger

  18. Trauma and the Brain • The Limbic System • Emotions • Memories

  19. Frontal Lobe Cortex • Stores Memories • Involved in the logic process

  20. The Amygdala • Designed for protection • Operates like a pass fail exam • Is incapable of logic • Unconscious; Activates the Automatic Nervous System • Determines the best response to a threat • Is an automatic response to danger and not a conscious choice

  21. The Hippocampus • Associated with learning and memory • Stores traumatic memories differently • Unconscious response to templates of danger • Only requires 10 to 20% of overlap • Signals danger to the amygdala which activates the flight, fight or freeze Examples

  22. Over-generalized Signals of Danger • Better for Survival • Emotionally can disrupt life • Trauma victims will be more vulnerable to make false associations which interpret danger in an environment where none exist

  23. Severe Trauma and Memory • Decreased size of hippocampus • Hard time recalling the trauma • But recall the physical and emotional feelings associated with the trauma • Physiologically not able to simply ignore emotions in order to increase logical thinking • Think of it as a broken leg

  24. Long-Term Reaction: Phase 2 • Requires an experience that causes a traumatic response • Requires the distressing event persistently be re-experienced • Actual • Imagined (as a result of common triggers)

  25. Common Triggers • Identification of the assailant • Sensing something similar to an awareness during the trauma • News of the actual or similar events • Proximity to “life events” • Hearings, trials, appeals, critical phases in the proceedings

  26. Responses to Triggers • Symbols of the event revert survivors back to the response they exerted at the event • Avoidance of stimuli associated with the event • Avoidance of situations that cause recollection

  27. Why does this make your job harder? • Survivors often have an inability to recall important aspects of the event • Common to forget certain aspects • Unawareness of behaviors during and after the event • Substance Abuse is a form of dissociation and avoidance • Victims can’t put the crime into a timeline

  28. The Legal Aspect

  29. Critical Needs of Crime Victims • Information and Access to Services and the Criminal Justice System • A Voice • Justice

  30. Safety and Support • Protection from perpetrators and assistance in avoiding re-victimization • Assistance to enable participation in justice system processes and repair of harm

  31. Information and Access • Concise and useful information about criminal justice system processes and victim services • Opportunity to participate in justice system • Access services (i.e. shelter, financial assistance, etc.)

  32. Voice • Opportunities to speak out on specific case processing issues

  33. Justice • Receive support necessary to heal from victimization • Holding perpetrators accountable for criminal action

  34. Who is a Crime Victim: Legal Definitions • “A person who suffers actual or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.  (Criminal Procedure Article 11-104(A)(2) • If the person is deceased, the victims’ rights apply to victim representatives, and other family member's), spouse or guardian. (Criminal Procedure Article 11-401)

  35. Responsibilities of Law Enforcement Personnel Know the Right, Do the Right! Video

  36. Maryland ConstitutionDeclaration of Rights Article 47(a) A victim of a crime shall be treated with dignity, respect and sensitivity during all phases of the criminal justice process.

  37. Notification • On first contact provide a copy of Crime Victims & Witnesses: Your Rights & Services brochure to the victims (MD Annotated Code Criminal Procedure Article § 11-104(b)). • Provide written information on financial assistance (violent crimes) (MD Annotated Code, Criminal Procedure Article ).

  38. Health, Safety and ProtectionDomestic Violence Victims • Provide victims of domestic violence (dv) written information on dv programs (Family Law Article § 4-503(a)(a)). • On written request, provide victim a copy of report (Family Law Article § 4-503.1). • Provide written notice of right to file criminal charges (Family Law Article § 4-503(a)(2)).

  39. Health, Safety, Protection andPrivacy • Notify victim of protection available • On request of the victim, be protected from harm or threats through cooperation with law enforcement *(MD Annotated Code, Criminal Procedure Article §11-1002). • Upon request of victim may withhold address/phone number before trial (MD Annotated Code, Criminal Procedure Article §11-205).

  40. Health, Safety and ProtectionSexual Assault Victims • Offer transportation to nearest designated SAFE medical facility (MD Annotated Code, Criminal Procedure Article §11-924). • Victims may use an ID number for evidence collection without having to give a name or file a police report. (Title 10 Dept. of Health and Mental Hygiene, Subtitle 12, Chapter 3: Eff. 12-29-08).

  41. Reporting Identity Theft • Must take a report of identity theft regardless of where the crime occurred; and • Provide copy of report to victim (MD Annotated Code, Criminal Law Article §8-304).

  42. Information to Provide • Notify of crisis intervention, counseling support services (MD Annotated Code, Criminal Procedure Article, § 11-1002(b)(2)). • Inform of Criminal Injuries Compensation (Criminal Procedure Article, § 11-807). • Inform of Victim/Witness Protection (MD Annotated Code, Criminal Procedure Article § 11-1002(b)(4)). • Inform of arrest/closure of case (MD Annotated Code, Criminal Procedure Article §11-1002(b)(8)&(C)).

  43. Why It Matters Victims who are treated with sensitivity and respect are more likely to cooperate in the investigation of crimes. A victim who is comfortable with law enforcement can increase the likelihood that perpetrators are arrested and successfully prosecuted.1 1 International Chiefs of Police. 21st Century Strategy for Enhancing Law Enforcement Response to Victims. November 12, 2008.

  44. What’s In It for Me? • Increased victim cooperation in investigations • Potential for increased case clearance rates • Greater opportunity for successful prosecution/conviction • Better perception of community safety • Potential for improved crime reporting • Improved morale and job satisfaction • Right thing to do • Fulfills legal obligations under Maryland law

  45. PERFORMANCE OBJECTIVES • Examined why it is important for officers to respond to trauma victims with sensitivity. • Identified crimes that result in trauma to victims. • Explained how trauma effects the brain and behavior. • Reviewed legal obligations to victims of crimes. • Discussed the benefits to law enforcement for assisting victims. • Demonstrated proper methods to comply with established mandates.

  46. Negative Experiences The detective wasn’t nice. She acted like it was my fault. She said she didn’t want to talk to me anymore because she thought I was lying to her. In sexual assault cases, there’s still a lot of victim-blaming by the police - they will ask about whether the victim has been drinking, taking drugs, if she’s a prostitute - all kinds of other issues besides the crime. They don’t do this with crimes like robbery. I have never seen a police officer provide victims with the information they are meant to give them about their rights, services, and compensation.

  47. Positive Experiences • I called the police about a year ago and they were very compassionate and helped get my kids to my mom’s house. They gave them stuffed animals to calm them down! • The police were very helpful and gave me a pamphlet about victim rights. Their demeanor (they were both male officers) was appropriate and they were concerned and followed up. • The detective was very kind. I remember he said, “I recommend that you...” but he gave me the choice. He was so wonderful, so gentle - calm and soft spoken. He stayed with me through everything. When asked, at the hospital, if I wanted a victim advocate, I felt I didn’t need one.

  48. Final Thought “It takes tremendous discipline to control the influence, the power you have over other people’s lives.” Clint Eastwood

  49. Contact Information Bridgette Harwood Staff Attorney at Maryland Crime Victims’ Resource Center, Inc. mdcrimevictims.org 301-952-0063 bridgette@mdcrimevictims.org Shirley Haas Victims’ Rights Compliance Officer Governor’s Office of Crime Control & Prevention 410-821-2866 shirley@goccp-state-md.org

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