compliance of crime victims’ legal rights your duty to crime victims: know the right, do the right...
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Compliance of Crime Victims’ Legal Rights
Your Duty to Crime Victims: Know the Right, Do the Right
Presented by:Bridgette Harwood, Esq.
Staff Attorney at Maryland Crime Victims’ Resource Center, Inc. (MCVRC)
and Shirley E. Haas
Victims’ Rights Compliance OfficerGovernor’s Office of Crime Control & Prevention
PERFORMANCE OBJECTIVES1. Examine why it is important for officers to
respond to trauma victims with sensitivity.2. Identify crimes that result in trauma to victims.3. Explain how trauma affects the brain and
behavior.4. Review legal obligations to victims of crimes.5. Discuss the benefits to law enforcement for
assisting victims.6. Demonstrate proper methods to comply with
established mandates.
The Trauma Aspect
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).
Square 1
Square 2
Square 3
Square 4
A Victim is…• Someone’s spouse• Someone’s son or daughter• Someone’s sister or brother • Someone’s parent• Someone’s friend
The Reality
Why This Matters
• Building a rapport with the victim/witness makes your job and prosecution easier
• Evidence Collection
• Testimony
Trauma 101
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)
What Causes Trauma?• Military experience• Surviving natural disasters• Serious accidents
Crimes?• Any crime• Trauma is a subjective determination
Trauma Effects on the Brain*
• Two Phases
1.The Initial Crisis2.Long-term Stress Reaction
*As Defined by the National Organization for Victim Assistance
The Crisis Reaction: Phase 1• Normal state of equilibrium• Occasional Stressors• Trauma disrupts the range of equilibrium
(puzzle example)–Acute–Chronic–Developmental
Physical Reactions?
• Increase in heart rate• Hyperventilation, perspiration and
physical agitation• Heightened sensory perception• Regurgitation or urination
Emotional Reactions• Parallels the Physical Response• Shock, disbelief and/or denial
Most Common Responses?
• Fear• Anger
Trauma and the Brain
• The Limbic System
1.Emotions 2.Memories
Frontal Lobe Cortex
• Stores Memories• Involved in the logic process
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
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 freezeExamples
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
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
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)
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
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
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
The Legal Aspect
Critical Needs of Crime Victims
• Information and Access to Services and the Criminal Justice System
• A Voice• Justice
Safety and Support
• Protection from perpetrators and assistance in avoiding re-victimization
• Assistance to enable participation in justice system processes and repair of harm
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.)
Voice
• Opportunities to speak out on specific case processing issues
Justice
• Receive support necessary to heal from victimization
• Holding perpetrators accountable for criminal action
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)
Responsibilities of Law Enforcement Personnel
Know the Right, Do the Right!
Video
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.
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 ).
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)).
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).
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).
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).
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)).
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.
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
PERFORMANCE OBJECTIVES1. Examined why it is important for officers to
respond to trauma victims with sensitivity.2. Identified crimes that result in trauma to victims.3. Explained how trauma effects the brain and
behavior.4. Reviewed legal obligations to victims of crimes.5. Discussed the benefits to law enforcement for
assisting victims.6. Demonstrated proper methods to comply with
established mandates.
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.
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.
Final Thought
“It takes tremendous discipline to control the influence, the power you
have over other people’s lives.”Clint Eastwood
Contact Information
Bridgette Harwood
Staff Attorney at Maryland Crime Victims’
Resource Center, Inc.mdcrimevictims.org
Shirley Haas
Victims’ Rights Compliance Officer
Governor’s Office of Crime Control & Prevention