Compliance of Crime Victims

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Compliance of Crime Victims Legal RightsYour
Duty to Crime Victims Know the Right, Do the
RightPresented byBridgette Harwood,
Esq.Staff Attorney at Maryland Crime Victims
Resource Center, Inc. (MCVRC)and Shirley E.
HaasVictims Rights Compliance
OfficerGovernors Office of Crime Control
Prevention
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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.

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• The Trauma Aspect

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4 Corners of Trauma Activity

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

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Square 1
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Square 2
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Square 3
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Square 4
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A Victim is
The Reality

• Someones spouse
• Someones son or daughter
• Someones sister or brother
• Someones parent
• Someones friend

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Why This Matters

• Building a rapport with the victim/witness makes
  your job and prosecution easier
• Evidence Collection
• Testimony

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Trauma 101
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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)

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What Causes Trauma?

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

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Trauma Effects on the Brain

• Two Phases
• The Initial Crisis
• Long-term Stress Reaction
• As Defined by the National Organization for
  Victim Assistance

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The Crisis Reaction Phase 1

• Normal state of equilibrium
• Occasional Stressors
• Trauma disrupts the range of equilibrium (puzzle
  example)
• Acute
• Chronic
• Developmental

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Physical Reactions?

• Increase in heart rate
• Hyperventilation, perspiration and physical
  agitation
• Heightened sensory perception
• Regurgitation or urination

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Emotional Reactions

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

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Trauma and the Brain

• The Limbic System
• Emotions
• Memories

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Frontal Lobe Cortex

• Stores Memories
• Involved in the logic process

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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

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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

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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

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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

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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)

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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

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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

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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 cant put the crime into a timeline

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• The Legal Aspect

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Critical Needs of Crime Victims

• Information and Access to Services and the
  Criminal Justice System
• A Voice
• Justice

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Safety and Support

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

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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.)

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Voice

• Opportunities to speak out on specific case
  processing issues

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Justice

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

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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)

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Responsibilities of Law Enforcement Personnel

• Know the Right, Do the Right!
• Video

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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.

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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 ).

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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)).

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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).

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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).

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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).

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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)).

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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.

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Whats 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

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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.

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Negative Experiences

• The detective wasnt nice. She acted like it was
  my fault. She said she didnt want to talk to me
  anymore because she thought I was lying to her.
• In sexual assault cases, theres still a lot of
  victim-blaming by the police - they will ask
  about whether the victim has been drinking,
  taking drugs, if shes a prostitute - all kinds
  of other issues besides the crime. They dont 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.

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Positive Experiences

• I called the police about a year ago and they
  were very compassionate and helped get my kids to
  my moms 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 didnt need
  one.

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Final Thought

• It takes tremendous discipline to control the
  influence, the power you have over other peoples
  lives.
• Clint Eastwood

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Contact Information

• Shirley Haas
• Victims Rights Compliance Officer
• Governors Office of Crime Control Prevention
• 410-821-2866
• shirley_at_goccp-state-md.org

• Bridgette Harwood
• Staff Attorney at Maryland Crime Victims
• Resource Center, Inc.
• mdcrimevictims.org
• 301-952-0063
• bridgette_at_mdcrimevictims.org