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Dea l in g Wi t h Vict im s a n d t h e P u bl ic

Ba sic La w En for cem en t Tr a in in g 1

In st r u ct or

BLET: 13M

TITLE: DEALING WITH VICTIMS AND THE PUBLIC

Lesson Purpose: To provide studen t s with in format ion to effect ively

communica te and in teract with the public in a wide

var iety of situa t ions, foster ing coopera t ion , for more

effect ive resolu t ions.

Tra in ing Object ives: At the end of th is block of inst ruct ion , the studen t will

be able to ach ieve the following object ives in accordance

with in format ion received dur ing the inst ruct iona l

per iod.

1. Advise cr ime vict ims of the correct procedures to

pursue prosecu t ion in misdemeanor , felony, and

civil cases.

2. Expla in in writ ing the step-by-step cour t

procedures to suspects, vict ims, and witnesses.

3. List the eligibility requ irements to receive

assistance from the Vict im ’s Assistance Program

and expla in in writ ing the procedures to con tact

the Vict im ’s Assistance office to request

a ssistance.

4. Ut ilizing the mater ia l provided in class, correct ly

recognize and provide the appropr ia te assistance

to the following groups of individua ls:

a . Aut ist ic

b. Hear ing impa ired/deaf

c. Visua lly impa ired/blind

d. Mobility impa ired

e. E lder persons or persons having

Alzheimer ’s disease

5. Iden t ify and conduct a preliminary invest iga t ion

of a “Suspected Hate Cr ime” by u t ilizing the

eigh t cr iter ia lea rned in class.

6. Demonst ra te, with pract ica l exercises, the

appropr ia te methods of communica t ing with

suspects, defendan ts, vict ims, and/or their



In st r u ct or

families to provide and/or obta in necessa ry

in format ion .

Hours: Ten (10)

Inst ruct iona l Method: Lecture/Conference/Pract ica l Exercise/Skill P ract ice

Required Equipment and

Tra in ing Aids: Audio-visua l classroom equipment

Video recording equ ipment

Videos:

1. Dealing With Victim s and the Public

S eries, NCJ A (1998)

2. Autism Awareness Video for Law

Enforcem ent and Com m unity S ervice

Personnel, Harr isburg Chapter of Aut ism

Society of America and Pennsylvan ia

Developmenta l Disabilit ies Council (1998)

References: Adler , Rona ld B. and George Rodman. Understand ing

Hum an Com m unication . New York: Harcour t Brace

College Publishers, 1994.

Bledsoe, Bryan E .; Rober t S. Por ter ; and Bruce R. Shade.

Brady Param edic Em ergency Care Second Ed.

Englewood Cliffs, NJ : P ren t ice Ha ll Career &

Technology, 1994.

Cox, Steven M. and J ack F itzgera ld. Police in

Com m unity Relations. Ch icago: Brown & Benchmark,

1996.

ADealing With Vict ims and the Public.@ Basic Law

Enforcem ent Train ing. Sa lemburg, NC: NC J ust ice

Academy, 1993.

Debbaudt , Dennis. Autism , Advocates, and Law

Enforcem ent Professionals: Recognizing and Reducing

R isk S ituations for People with Autism S pectrum

Disorders. London: J essica Kingsley Publishers, Ltd.,

2002.

Hennessy, Stephen M. Think ing Cop Feeling Cop .

Scot tsda le: Leadersh ip, Inc., 1995.



In st r u ct or

McConnell, J ames V. Understand ing Hum an Behavior

8th Ed. For t Worth , TX: Harcour t Brace College

Publishers, 1994.

Minnick, Lynn J et t . The Victim Goes To Court, A Victim

Guide. Fayet teville, NC: People Assist ing Vict ims,

1990.

N orth Carolina Manual 2003-2004. Ra leigh : Secreta ry

of Sta te=s Office.

APatrol Techniques.@ Basic Law Enforcem ent Train ing.

Sa lemburg, NC: NC J ust ice Academy, 1994.

Snyder , E . Lorra ine. Hate Crim e Reporting: Patrol

Response. Sa lemburg, NC: NC J ust ice Academy, 1992.

Snyder , E . Lorra ine. Hate Crim e Reporting:

Verification . Sa lemburg, NC: NC J ust ice Academy,

1992.

ASpecia l Popula t ions.@ Basic Law Enforcem ent

Train ing. Sa lemburg, NC: NC J ust ice Academy, 1993.

Trojanowicz, Rober t and Bonnie Bucqueroux.

Com m unity Policing. Cincinna t i: Anderson Publish ing

Co., 1990.

P repared By: Lorra ine Snyder Ga lloway

Inst ructor /Coordina tor

NC J ust ice Academy

J ona than Babb

Assistan t At torney Genera l

NC Depar tment of J ust ice

Major Wrenn J ohnson

Morehead City Police Depar tment

Lt . Henr iet ta “Hank” Lane

Ca ldwell County Sher iff’s Office

Lewis Ledford

Dist r ict Super in tenden t

NC Sta te Parks and Recrea t ion



In st r u ct or

Eric Sla t t

Community Police Coordina tor

Wadesboro Police Depar tment

Da te Prepared: August 1997

Reviewed By: Ka thy Moore

Agency Lega l Specia list

Nor th Carolina J ust ice Academy

Da te Reviewed: December 1998

November 2000

Revised By: J on Blum

Inst ructor /Coordina tor


Da te Revised: March 1999

Revised By: Ka thy Moore



Da te Revised: J u ly 1999

J anuary 2000

Revised By: J on Blum

Kathy Moore

Da te Revised: November 2000

November 2001

Revised By: Ed Zigmund



Da te Revised: February 2003

Revised By: Peggy Schaefer

Tra in ing Manager


Da te Revised: Apr il 2004



In st r u ct or

Revised By: Marsha Davis J ones

Execu t ive Director

Aut ism Founda t ion of Nor th Carolina

Rober t B. Yow

BLET Curr icu lum Coordina tor


Da te Revised: J anuary 2005

J u ly 2005

Revised By: Tom Dit t , Gin ger J ones, and Lawrence Shockey

NC Division of Services for the Deaf and Hard of

Hear ing

Grey Powell

Governor ’s Advocacy Council for Persons with

Disabilit ies

Lucy Zast row

Durham County Sher iff’s Office

Da te Revised: J anuary 2007

Revised By: Rober t B. Yow




J anuary 2008

J u ly 2009

J anuary 2010

Revised By: BLET Revision Commit tee


Revised By: J enn ifer H. B. F isher , M.S.






In st r u ct or

TITLE: DEALING WITH VICTIMS AND THE PUBLIC - INSTRUCTOR NOTES

1. The inst ructor who teaches th is block of inst ruct ion should have a thorough

working knowledge of the BLET inst ruct iona l blocks, Eth ics for Professional

Law Enforcem ent and Com m unication S k ills for Law Enforcem ent Officers .

These blocks complement each other rega rding how law enforcement officers

presen t themselves to the public in va r ious circumstances.

2. It is h igh ly recommended tha t the inst ructor have law enforcement field

exper ience in teract ing with cit izens with disabilit ies.

3. The inst ructor must a lso be familia r with Chapter 15B of the Genera l

Sta tu tes which expla ins laws regarding vict ims ’ compensa t ion .

4. Inst ructors shou ld consu lt the loca l chapters for services of

- coa lit ion for ba t tered women

- rape cr isis in terven t ion

- vict im assistance coordina tors

- ma le ba t terer ’s change organ iza t ion

- pa ren t advoca tes of ch ildren with au t ism

for assistance, or adding to th is block of inst ruct ion for guest speakers. In

pa r t icu la r , a ssistance in enhancing the mater ia l on au t ism can be obta ined by

con tact ing Betsy Thompson , Director of Advocacy Services, Aut ism Society of

Nor th Carolina , 1-800-442-2762. The BLET Revision Commit tee st rongly

encourages the use of th is resource as well a s the use of the video, Autism

Awareness Video for Law Enforcem ent and Com m unity S ervice Personnel.

Th is video has been made ava ilable a t no cost to a ll BLET delivery sites

cour tesy of the Aut ism Founda t ion of Nor th Carolina and the Aut ism Society

of Nor th Carolina .

5. P ract ica l Exercise Inst ruct ions, “Vict im Communica t ion Roleplays”

a ) Purpose of exercise

In th is segment , the inst ructor shou ld indica te th is exercise provides

pract ice for the following object ive:

Demonst ra te, with pract ica l exercises, the appropr ia te methods of

communica t ing with suspects, defendan ts, vict im s, and/or their

families to provide and/or obta in necessa ry in format ion . It shou ld be

emphasized tha t communica t ions includes body language and not just

words. A sign ifican t element of any form of communica t ion by law



In st r u ct or

enforcement personnel must include the body language and demeanor

to encourage being approachable by anyone.

b) Condit ions of exercise

(1) The exercise will take place a fter inst ruct ion is complete.

(2) The exercise will take approximately 30 minu tes.

(3) The exercise will take place in th e classroom. The inst ructor

may have to rea rrange tables and cha irs for adequa te

accommodat ion of the skill pract ice.

(4) The whole class (approximately 20 studen ts) shou ld be able to

pa r t icipa te in a two-minute skill pract ice. The inst ructor

shou ld a llow par t icipan ts to roleplay/skill pract ice as many of

the situa t ions as t ime permits. (A list of situa t ions is provided

in the “What Are the Best and Most Appropr ia te Methods of

Communica t ion With the Public” sect ion of inst ruct ion in th is

ou t line.)

(5) In order to provide adequa te feedback to the studen t , it is

st rongly recommended tha t role play exercises be videotaped.

Studen ts shou ld be a llowed the oppor tun ity to view the tape

and assess their performance. The tape should provide an

excellen t teach ing tool. If video equ ipment is not ava ilable, the

inst ructor may designa te studen ts to take notes to be used in

the assessment of the exercise.

(6) The inst ructor shou ld be looking for effect ive communica t ion

indica tors such as ra te of speech , voice t one, dict ion , etc.;

nonverba l indica tors shou ld a lso be noted (postu re, eye con tact ,

gestu res, touch ing, etc.). A presence of, or a notable lack of

good communica t ions skills shou ld be brought to the studen t ’s

a t ten t ion . Remind the studen ts tha t officers with good

communica t ion skills a re perceived to be professiona l by those

with whom they a re communica t ing.

c) Procedures for conduct ing the exercise

(1) The inst ructor can make up the facts for each situa t ion .

(2) Each roleplay/skill pract ice will take approximately two

minutes.



In st r u ct or

(3) As t ime a llows, each studen t shou ld pa r t icipa te in a t least one

of the following role play exercises (th is list is not meant to be

a ll inclusive and the inst ructor shou ld add to the list scenar ios

deemed appropr ia te for the exercise):

(a ) Rape vict im - in it ia l response.

(b) Expla in ing to rape vict im the invest iga t ive process.

(c) “Man with a gun” - two suspects presen t .

(d) Neighborhood dispu te - two neighbors presen t .

(e) Ta lking to pa ren ts of missing ch ild - a t tempt ing to ca lm

them down.

(f) In terviewing two (2) witnesses of a cr ime (with

conflict ing stor ies).

(g) In terviewing suspects involved in a domest ic dispu te.

(h ) In terviewing suspects involved in a burgla ry - following

a foot chase.

(i) Discuss with pa ren ts the a lterna t ives for a ch ild using

drugs.

(j) In form a mother tha t her ch ild has been a r rested for a

ser ious cr ime.

(k) Expla in the invest iga t ive process to the pa ren ts of a

molested ch ild.

(l) In terviewing subjects involved in a minor t ra ffic

acciden t (both ira te).

(m) In terviewing a La t ino male tha t has been assau lted

because of h is ethn icity.

d) Eva lua t ion

Inst ructors will cr it ique the studen t=s performance a fter each scenar io

and provide appropr ia te feedback.

6. To promote and facilita te la w enforcement professiona lism, th ree (3) eth ica l

dilemmas a re listed below for classroom discussion . At their discret ion ,



In st r u ct or

inst ructors must provide studen ts with each eth ica l dilemma listed below.

Somet ime dur ing the lectu re inst ructors shou ld Aset the st age@ for the

dilemma pr ior to taking a break. Inst ructors a re encouraged to develop

addit iona l dilemmas as needed.

a ) Upon a r r iving a t the scene of a rape ca ll, you observe a female (dressed

very scan t ily) being in terviewed by another officer . As you a pproach ,

you overhear your pa r tner say, AIf you didn=t dress like th is, th is

probably wouldn=t have happened to you .@ What will you do?

b) Subsequent to the in terview of a rape vict im, which revea led some

very in t imate in format ion about her sex life and deta ils of the rape,

your pa r tner begins to make jokes and divu lge in format ion about the

persona l life of the vict im to other officers. What will you do?

c) You a re assigned to foot pa t rol. While on pa t rol you observe another

officer cursing a homeless person and telling h im to get a job. What

will you do?



In st r u ct or

TITLE: DEALING WITH VICTIMS AND THE PUBLIC

I. In t roduct ion

NOTE: Show s lide , “De aling With Vic tim s and the P ublic .”

A. Opening Sta tement

Perhaps the pr imary qua lity needed for a good law enfor cement officer

is the ability to in teract effect ively with people. The ou tstanding

officer must be able to communica te effect ively with a ll cit izens and

use au thor ity appropr ia tely. The business of law enforcement is to

in teract with people having no issues as well a s in teract with people in

t rouble, people who a re in ju red, people who have been vict imized, and

most commonly, people who a re in some type of cr isis situa t ion . All of

these groups together make up our genera l popula t ion . Many have a

cu ltu ra lly differen t background or a re disabled. Each of these people

form opin ions concern ing the officer , the depar tment the officer

represen ts, and the law enforcement profession based on these

con tacts. Effect ively handling these encounters means each officer

must develop the ability to adapt or a lter the way he or she handles

people from one encounter to another .1

J ust a s impor tan t to the professiona l law enforcement officer is a

working knowledge of psychology. Although the officer cannot make a

clin ica l a ssessment of an individua l with whom the officer has con tact ,

every officer must have the knowledge to iden t ify, eva lua te, and

con trol efficien t ly and sa fely a person requ ir ing specia l considera t ion .2

Although th is lesson plan discusses and teaches in teract ion with

diverse cit izens with in our genera l popula t ion , officers shou ld apply

professiona l, approachable communica t ion skills with everyone. In the

United Sta tes there a re approximately 36 million persons with

disabilit ies. Est imates indica te tha t up to 15% of a ll Nor th Carolina

residen ts a re disabled. Based on the 1990 Census, th is percen tage

would project 995,000 persons with disabilit ies in Nor th Carolina (i.e.,

dea f, ha rd of hear ing, visua lly impa ired, etc. (Th is est imate includes

both the menta lly and physica lly disabled.)3

La ter in th is block of inst ruct ion , we will discuss the Apublic@ a t

length --vict ims, persons with differen t types of disabilit ies, and the

populous as a whole.

B. Tra in ing Object ives



In st r u ct or

NOTE: Show s lide , ARe vie w Train ing Obje ct ive s .@

As you can see from the object ives, Acommon cour tesy@ is not enough .

To be a rea lly ou tstanding officer requ ires an Auncommon@ ability to

dea l with a wide var iety of difficu lt situa t ions frequen t ly under t rying

condit ions. Dea ling effect ively wit h people requ ires knowledge, good

communica t ion skills, and professiona l a t t itudes.4

C. Reasons5

Dur ing th is class per iod, we will lea rn some typica l cr isis react ions of

cr ime vict ims immedia tely a fter the cr ime; those needs of the cr ime

vict ims which a re relevan t to the officer=s t rea tment of the vict im; and

effect ive techn iques for the officer in dea ling with the vict im in cr isis,

both on the scene and/or dur ing the invest iga t ion . We sha ll a lso lea rn

the advan tages to be der ived from the use of these t echn iques.

Being a law enforcement officer means being a public servan t .

P roviding services to the public comes in many differen t forms, and

does not mean just a r rest ing people. As officers, we encounter many

differen t types of people in many differen t situa t ions. In order to

effect ively dea l with cit izens and vict ims, officers must lea rn to adapt

themselves to respond appropr ia tely to these va r ious encounters. It is

the responsibility of officers to stay educa ted about the public they

serve.

A clea r understanding of the na ture of the job to be done and

fundamenta l a t t itudes and skills for dea ling effect ively with people

can :

NOTE: Show s lide , “Re asons .”

1. Increase confidence in law enforcement .

2. Increase coopera t ion with law enforcement .

a ) In format ion

b) Direct a ssistance

c) Indirect a ssistance (budget , sa la r ies, etc.)

3. Min imize compla in ts/civil su it s.

4. P rotect officers.



In st r u ct or

a) Physica lly

b) Menta lly

5. Enhance the sta tus of the Aprofession .@

NOTE: Discuss w ith s tude nts how e ach office r ’s le ve l o f

profe ss ionalism im pacts the pe rce ptions o f c it ize ns on an indiv idual

bas is as w e ll as on a national sca le .

II. Body

A. What Is a Vict im?6

NOTE: Show s lide , “What Is a Vic tim .”

A vict im may be defined as an individua l who suffers physica l,

financia l, or emot iona l ha rm as the resu lt of the commission of a cr ime.

Th is a lso includes family members, close fr iends, and neighbors of a

direct vict im.

Vict ims feel a loss of con trol, of t rust and va lues, a long with a st rong

sense of isola t ion and loneliness. Genera lly, the more invasive the

cr imina l viola t ion is, the more in tense the vict im=s feelings a re.

The impact of a cr ime makes some vict ims feel a s though they a re in

shock. Shock is manifested in a va r iety of ways. Some vict ims become

numb and disor ien ted. Unable to absorb the impact of the cr ime, they

may seem dazed and ca rry on au tomat ica lly. Feeling tota lly helpless,

a vict im may look to others for reassurance and direct ion . A vict im

may regress to feelings of ch ildhood and look to th e officer a s a pa ren t

figure to Amake th ings r igh t .@ Others may be immobilized and appear

to be frozen in their t racks.

Disbelief and den ia l a re common react ions. Others may react with

gu ilt and self blame, or with anger , tea rs, or hyster ia . All of the se

react ions a re normal.

A vict im=s anger toward the offender is somet imes overwhelming. Not

having a means to ven t their anger , a vict im may tu rn it on the officer

who is t rying to help. Although a na tu ra l react ion is to retu rn anger

with anger , officers shou ld not react , and let the vict im ven t . It is

hea lth ier for the vict im and may actua lly help in the hea ling process.

A helpfu l response by the officer is to acknowledge the anger withou t

taking it persona lly. A good response cou ld be, AYou have a r igh t to be



In st r u ct or

angry, I would be angry too.@ Th is a llows the vict im to blow off steam

and keeps the con tact with the vict im product ive.

Officers must rea lize tha t the emot ions endured by the vict im defy

defin it ion . As the body of a th ird-degree burn vict im is wracked with

physica l pa in , so some vict ims of cr ime a re wracked with emot iona l

pa in .

B. How Does a Vict im Pursue Prosecu t ion?

J ust a s there a re differen t types of cr imes, there a re differen t means of

pursu ing prosecu t ion of these cr imes. The average vict im of cr ime is

unaware of opt ions and will be looking to you , the law enforcement

officer , for not on ly consola t ion , a s ment ioned above, bu t a lso for advice

in reference to Awhat can I do now?@

NOTE: Show s lide , “P rose cution?”

1. Misdemeanor cr imes

Depending upon the type of cr ime, the vict im may have to visit

the loca l magist ra te to swear ou t a warran t for misdemeanor

cr imes tha t he or she witnessed.

For misdemeanor cases to which law enforcement detect ives or

officers a re assigned, when an a r rest is made in the case, the

warran t is typica lly taken ou t by the officers. Vict ims must be

encouraged to coopera te th roughout the process.

2. Felon ies

Felony cases a re usua lly invest iga ted by law enforcement

before warran ts a re issued, un less the felon y occurred in the

officer=s presence. After invest iga t ion , the officer requests the

warran t from the magist ra te or obta ins a bill of indictment

th rough the dist r ict a t torney=s office. Vict ims can st ill request

warran ts, however , and can discuss the mat ter with the law

enforcement agency and magist ra te.

3. Civil situa t ions

For civil remedies in cour t , the vict im may con tact h is/her own

pr iva te a t torney for advice, for filing the necessa ry documents

to get the case in to cour t , and for represen ta t ion of th e vict im=s

in terest in the cour t room. For remedies th rough small cla ims

cour t (Magist ra te’s Cour t ) or for domest ic violence orders, a



In st r u ct or

vict im should con tact the clerk of cour t of the ju r isdict ion in

which the problem occurred. There may be a fee for filin g and

service of these papers.

C. The Cour t System in Nor th Carolina7

NOTE: Show s lide , “North Carolina Court Sys te m .”

The legisla tu re inst itu ted a reorgan iza t ion of the Nor th Carolina cour t

system in the la te 1960’s. P r ior to tha t , the cour t system h ad levels

ranging from many differen t loca l cour ts to the N.C. Supreme Cour t .

Concerned cit izens, the Governor and the Nor th Carolina Bar

Associa t ion u rged th is move to br ing un iformity to the cour t system.

In 1965, the Admin ist ra t ive Office of the Cour t s was formed and by

1967 the cour t system we presen t ly know was pu t in to place.

1. The Supreme Cour t of Nor th Carolina

The Supreme Cour t has no ju ry, and it makes no

determina t ions of fact ; ra ther , it considers er ror in lega l

procedures or in judicia l in terpreta t ion of the law and hears

ora l a rguments on the writ ten record of cases previously t r ied

by the super ior cour ts, dist r ict cour ts, Cour t of Appea ls, and

cer ta in admin ist ra t ive agencies and commissions.

The on ly or igina l case ju r isdict ion exercised by the Supreme

Cour t is in the censure and remova l of judges upon the non -

binding recommenda t ions of the J udicia l Standards

Commission . Appea ls from the Cour t of Appea ls to the

Supreme Cour t a re by r igh t in cases involving const itu t iona l

quest ions, and ca ses in which there has been dissen t in the

Cour t of Appea ls. In it s discret ion , the Supreme Cour t may

review Cour t of Appea ls decisions in cases of sign ifican t public

in terest or cases involving lega l pr inciples of major sign ificance.

As a mat ter of r igh t , appea ls from Super ior Cour t go direct ly to

the Supreme Cour t in first degree murder cases in which the

defendan t has been sen tenced to dea th or life impr isonment ,

and in Ut ilit ies Commission genera l ra te cases. In a ll other

cases, appea l a s of r igh t is to the Cour t of Appea ls. In it s

discret ion , the Supreme Cour t may hear appea ls direct ly from

the t r ia l cour ts in cases of sign ifican t public in terest , cases

involving lega l pr inciples of major sign ificance, where delay

would cause substan t ia l ha rm, or wh en the Cour t of Appea ls

docket is unusua lly fu ll.



In st r u ct or

2. The Nor th Carolina Cour t of Appea ls

The bu lk of the caseload of the Cour t of Appea ls consists of

cases appea led from the t r ia l cour ts. The Cour t a lso hears

appea ls direct ly from cer ta in admin ist ra t ive agency decisions.

The Cour t sit s in panels of th ree judges, thus a llowing

a rguments in separa te cases to be heard a t the same t ime. The

Cour t sit s pr imar ily in Ra leigh , bu t a s need is demonst ra ted

and facilit ies become ava ilable, it may be au thor ized by the

Supreme Cour t to sit in other places th roughout the sta te.

3. The Super ior Cour t

Nor th Carolina=s super ior cour ts a re the genera l ju r isdict ion

t r ia l cour ts for the sta te. Or igina l ju r isdict ion of the super ior

cour t includes a ll felony cases. Most misdemeanors a re t r ied

first by a dist r ict cour t judge, from which convict ion may be

appea led to the super ior cour t for t r ia l de novo by a ju ry. The

super ior cour t is the proper cour t for the t r ia l of civil cases

where the amount in con troversy exceeds $10,000, and it has

ju r isdict ion over appea ls from cer ta in admin ist ra t ive agencies.

Regardless of the amount in con troversy, the or igina l civil

ju r isdict ion of the super ior cour t does not include domest ic

rela t ions cases, or proba te and esta tes mat ters and cer ta in

specia l proceedings tha t a re heard first by the clerk of super ior

cour t .

The 100 count ies a re grouped in to super ior cour t dist r icts.

Each dist r ict has a t least one sen ior residen t super ior cour t

judge who has cer ta in admin ist ra t ive responsibilit ies for h is or

her home dist r ict .

The vast major ity of count ies requ ire more than the

const itu t iona l min imum of two weeks of super ior cour t

annua lly, and some la rger count ies have super ior cour t sessions

about every week in the year .

4. The Dist r ict Cour t

The reorgan iza t ion of the 1960’s provided for the establishment

of a un iform system of dist r ict cour ts th roughout the sta te. The

Clerk of Super ior Cour t is requ ired to main ta in a system of

consolida ted records of both the super ior cour t and the dist r ict

cour t .



In st r u ct or

The dist r ict cour t has exclusive or igina l ju r isdict ion of vir tua lly

a ll misdemeanors and in fract ions (non -cr imina l viola t ions of

the law not pun ishable by impr isonment), probable cause

hear ings in felony cases, a ll juven ile proceedings, involun ta r y

commitments and recommitments to menta l hea lth hospita ls,

and domest ic rela t ions cases. It has exclusive ju r isdict ion of

civil cases where the amount in con troversy is $10,000 or less.

J u ry t r ia l is provided upon demand, in civil cases. An appea l in

a civil case is to the Cour t of Appea ls on quest ions of law on ly.

No ju ry is au thor ized in cr imina l cases. An appea l in cr imina l

cases is to super ior cour t , where a ju ry hears evidence and

decides the facts of the case.

5. Magist ra tes

With the establish ment of the dist r ict cour ts in the count ies,

the office of just ice of the peace was abolished and replaced by

the newly fash ioned posit ion of magist ra te. Magist ra tes

funct ion with in the dist r ict cour t a s subordina te judicia l

officia ls. Magist ra tes opera t e with less au thor ity and discret ion

than old just ices of the peace, and with more supervision , bu t

have extensive au thor it ies with in the dist r ict cour t division .

They a re empowered to t ry cer ta in misdemeanor wor th less

check cases and civil su it s designa t ed as small cla ims cases, to

accept wr it ten appearances, wa ivers of t r ia l, and pleas of gu ilty

or admissions of responsibility in cer ta in misdemeanor and

in fract ion cases, to conduct in it ia l appearances, gran t ba il

before t r ia l in noncapita l cases, and issue a r rest and sea rch

warran ts. Cer ta in magist ra tes may a lso appoin t counsel for

defendan ts.

6. Dist r ict At torneys

Nor th Carolina is divided in to prosecu tor ia l dist r icts, each

having a dist r ict a t torney who is elected for a four -year term.

The dist r ict a t torney represen ts the sta te in a ll cr imina l act ions

brought in the super ior and dist r ict cour ts in the dist r ict , and is

responsible for ensur ing tha t in fract ion cases a re prosecu ted

efficien t ly. In addit ion to prosecu tor ia l funct ions, the dist r ict

a t torney is responsible for ca lendar ing cr imina l cases for t r ia l.

7. Clerks of Super ior Cour t

The clerk of super ior cour t has ju r isdict ion to hear and decide

specia l proceedings (such as adopt ions, condemnat ions,

pa r t it ions, and foreclosures), is ex officio ju dge of proba te, and



In st r u ct or

performs record-keeping and admin ist ra t ive funct ions for both

the super ior and dist r ict cour ts of the county.

8. County funct ions

Each county has the du ty to adequa tely fu rn ish and main ta in a

cour thouse with a t least one cour t room and rela ted facilit ies.

In cer ta in municipa lit ies where the Genera l Assembly has

au thor ized addit iona l sea ts of dist r ict cour t , the cour t facilit ies

a re provided by the municipa lit ies.

The sher iff of each county, one of the sher iff=s depu t ies,

another law enforcement officer or a civilian appoin ted by a

sher iff performs the du t ies of ba iliff. The ba iliff opens and

closes cour ts, ca r r ies ou t direct ions of the judge in main ta in ing

order , takes ca re of ju rors when they a re delibera t ing on a case,

and otherwise assists the judge. The five main du t ies of a

ba iliff a re cour t cr ier , secur ity, ju rors, witnesses, and pr isoners.

A cour t recorder is requ ired to record the proceedings in most of

the cases t r ied in the Super ior Cour t . J u rors a re drawn for

each term of cour t .

9. The order of even ts leading to and following th rough cr imina l

cour t

a ) Fa ir t rea tment for vict ims and witnesses

Under 15A-824 and 825, the legisla tu re has encouraged

the employees of law enforcement , prosecu t ion offices

and the judicia l depar t ment to make a reasonable effor t

to assure tha t each vict im and witness with in their

ju r isdict ion :

(1) Is provided with in format ion about immedia te

medica l a ssistance and is not deta ined for an

unreasonable length of t ime before the

admin ist ra t ion of assistance.

(2) Is provided in format ion about ava ilable

protect ion from harm and th rea ts of ha rm

because of their coopera t ion with law

enforcement and receives such protect ion .

(3) Is provided in format ion tha t test imony about the

address of the vict im or wit ness may not be

relevan t .



In st r u ct or

(4) Has stolen or persona l proper ty retu rned by law

enforcement as soon as possible if not needed for

invest iga t ion or evidence.

(5) Is provided with employee in tercession services

to seek the employer ’s coopera t ion with the

cr imina l just ice system so as to min imize loss of

pay and benefit s.

(6) Is provided (when pract ica l) with a secure

wa it ing a rea dur ing cour t proceeding to preven t

close con tact with the defendan t or h is family and

fr iends.

(7) Is in formed of the procedures to apply for and

receive witness fees (if any) and/or vict im

compensa t ion .

(8) Is in formed of the r igh t to be presen t for en t ire

t r ia l (un less witness is sequestered).

(9) Is given oppor tun ity to be presen t a t fina l

disposit ion of case or is in formed of fina l

disposit ion .

(10) Is not ified of change of cour t da te or

postponement .

(11) Is provided with a vict im impact sta tement to

prepare for considera t ion by the cour t .

(12) Is provided with in format ion about plea

ba rga in ing.

(13) Is in formed of the ava ilability of civil remedies

and tha t a sta tu te of limita t ions may apply.

(14) Upon writ ten request , the vict im is not ified

before a custody release hear ing if it is a class G

or more ser ious felony.

(15) Upon vict im=s wr it ten request , is not ified if the

offender escapes, is released from custody, or if

the cr ime for which the offender was placed in

custody is a Class G or more ser ious felony.



In st r u ct or

(16) Has family members of a homicide vict im offered

a ll the guaran tees in the sect ion except sect ion

(1).

“Crime” under th is sect ion means a ser ious

misdemeanor (a t sole discret ion of dist r ict a t torney), any

felony or any act commit ted by a juven ile which would

be a felony if commit ted by an adu lt .

“Family member” means a spouse, ch ild, pa ren t or lega l

guardian , or closest living rela t ive.

“Vict im” means a person aga inst whom there is probable

cause to believe a cr ime has been commit ted. Although

not defined by the sta tue, there may be per iphera l

vict ims, meaning people who view themselves as being

impacted by the cr ime. Although not eligible for vict im

assistance under the sta tu te, they may need to be

refer red to counseling of other resources ava ilable to

assist them in coping with their level of involvement .

“Witness” means a person who has been or is expected to

be summoned to test ify for the prosecu t ion in a cr imina l

act ion concern ing a felony or is subject to being ca lled or

is likely to be ca lled.

b) Manda tory du t ies

NOTE: Show s lide , AMandatory Dutie s for

LEO=s .@

As soon as pract icable bu t with in 72 hou rs a fter

iden t ifying a vict im covered under G.S. 15A-830, the

invest iga t ing law enforcement agency must provide the

vict im with the following:

(1) Ava ilability of medica l service

(2) Ava ilability of cr ime vict ims’ compensa t ion funds

as well a s address an d telephone of tha t agency

(3) Address and telephone of dist r ict a t torney’s office

(4) Name and number of invest iga t ing law

enforcement agency employee tha t vict im may



In st r u ct or

contact if no not ifica t ion of a r rest has been given

to vict im with in six months

(5) In format ion of accused’s oppor tun ity for pret r ia l

release

(6) Name and telephone number of invest iga tory law

enforcement agency employee whom vict im may

con tact to find ou t if accused has been released

from custody.

c) Invest iga t ing cr imes

Cr imes a re invest iga ted by the appropr ia te law

enforcement officer /agency. Some agencies have officers

designa ted as invest iga tors, while other agencies add

the invest iga t ive funct ion to previously assigned du t ies.

Other agencies have specia lly designa ted invest iga t ive

un its.

The services of the Sta te Bureau of Invest iga t ion (S.B.I.)

a re ava ilable to a ll law enforcement agencies upon

request of the sher iff or ch ief of police. Genera lly the

dist r ict a t torney is involved in such a request .

d) Arrest by law enforcement officer (G.S. 15A-401)

NOTE: Show s lide , AArre sts .@

G.S. 15A-401 (Arrest by law enforcement officer ) reads

as follows:

(1) Arrest by officer pursuan t to a warran t .

(a ) Warran t in possession of officer -- An

officer having a warran t for a r rest in h is

possession may a r rest the person named

or descr ibed therein a t any t ime and a t

any place with in the officer=s ter r itor ia l

ju r isdict ion .

(b) Warran t not in possession of officer -- An

officer who has knowledge tha t a warran t

for a r rest has been issued and has not

been execu ted, bu t who does not have the

warran t in h is possession , may a r rest the



In st r u ct or

person named therein a t any t ime. The

officer must in form the person a r rested

tha t the warran t has been issued and

serve the warran t upon h im as soon as

possible. Th is subdivision applies even

though the a r rest process has been

retu rned to the clerk under G.S. 15A-301.

(2) Arrest by officer withou t a warran t .

(a ) Offense in presence of officer -- An officer

may a r rest withou t a warran t any person

who the officer h as probable cause to

believe has commit ted a cr imina l offense

in the officer=s presence.

(b) Offense ou t of presence of officer -- An

officer may a r rest withou t a warran t any

person who the officer has probable cause

to believe:

i) Has commit ted a felony; or

ii) Has commit ted a misdemeanor ,

and:

• Will not be apprehended

un less immedia tely

a r rested, or

• May cause physica l in ju ry

to h imself or others, or

damage to proper ty un less

immedia tely a r rested; or

iii) Has commit ted a misdemeanor

under G.S. 14-72.1.

(c) Subdivisions (a ) and (b) sha ll apply to

a r rest for a ssau lt , for communica t ing a

th rea t , a ssau lt by poin t ing a gun , or for

domest ic cr imina l t respass, a lready

commit ted or being commit ted by an

individua l who fa lls with in one of the six

ca tegor ies of persona l rela t ionsh ips as

defined under 50B-1.



In st r u ct or

(3) Arrest procedures

(a ) An a r rest is complete when:

i) The person submits to the con trol

of the a r rest ing officer who has

indica ted h is/her in ten t ion to

a r rest , or

ii) The a r rest ing officer , with in ten t to

make an a r rest , takes a person in to

custody by the use of physica l

force.

(b) Upon making an a r rest , a law

enforcement officer must :

i) Iden t ify h imself/herself a s a law

enforcement officer un less h is

iden t ity is otherwise apparen t ,

ii) In form the a r rested person tha t he

is under a r rest , and

iii) As prompt ly as is reasonable under

the circumstances, in form the

a r rested person of the cause of the

a r rest , un less the cause appears to

be eviden t .

e) The r igh t to a ba il hea r ing

A person who is a r rested has the r igh t to a ba il hea r ing

before the t r ia l. The judicia l officia l can set other

condit ions for release in addit ion to ba il.

(1) “Upon a determina t ion by the judicia l officia l

tha t the immedia te release of the defendan t will

pose a danger of in ju ry to the a lleged vict im or to

any other person or is likely to resu lt in

in t imida t ion of the a lleged vict im and upon a

determina t ion tha t the execu t ion of an

appearance bond as requ ired by G.S. 15A-534

will not reasonably assure tha t such in ju ry or

in t imida t ion will not occur , a judicia l officia l may



In st r u ct or

reta in the defendan t in custody for a reasonable

per iod of t ime while determin ing the condit ions

of pret r ia l release.

(2) A judicia l officia l may impose the following

condit ions on pret r ia l release:

(a ) Tha t the defendan t stay away from the

home, school, business or place of

employment of the a lleged vict im;

(b) Tha t the defendan t refra in from

assau lt ing, bea t ing, molest ing, or

wounding the a lleged vict im;

(c) Tha t the defendan t refra in from removing,

damaging or in ju r ing specifica lly

iden t ified proper ty;

(d) Tha t the defendan t may visit h is or her

ch ild or ch ildren a t t imes and places

provided by the terms of any exist ing

order en tered by a judge.

The condit ions set for th above may be imposed in

addit ion to requ ir ing tha t the defendan t execu te a

secured appearance bond.” G.S. 15A-534.1 Cr imes of

domest ic violence; ba il and pret r ia l release.

NOTE: Re m ind the s tude nts that ba il is u se d on ly

for narrow purpose s de fine d by law and not as

im prisonm e nt for pa s t crim e s or pun ishm e nt for a

de fe ndant w ho has be e n d ifficu lt to arre s t .

f) In it ia l appearance before a magist ra te

The accused is taken before a magist ra te who decides

whether bond is to be set and if appropr ia te, the type

and amount of bond. The magis t ra te a lso sets a fir st

appearance da te for the defendan t to appear before a

dist r ict cour t judge for felony offenses. For

misdemeanor offenses, the magist ra te sets the cour t

da te. Cer ta in magist ra tes may a lso appoin t counsel for

defendan ts.

Every misdem eanor mer it s a cour t appoin ted a t torney.



In st r u ct or

g) F irst appearance before a dist r ict cour t judge

At the first appearance, the judge reads the charge and

appoin ts an a t torney if the defendan t cannot a fford one.

If the charge is a felony, the judge sets the da te for a

probable cause hear ing. The dist r ict cour t judge a lso

reviews bond.

h ) Probable cause hear ing

The probable cause hear ing, former ly refer red to as the

preliminary hear ing, is held in felony cases to determine

whether the sta te has enough evidence to take the case

before the grand ju ry. The defendan t may waive h is

r igh t to a probable cause hear ing. Ordinar ily the vict im

need not be presen t a t the probable cause hear ing.

i) The grand ju ry

The grand ju ry is comprised of eigh teen people whose

du ty is to determine if the sta te has enough evidence to

show the accused person probably commit ted the cr ime

for which charged. After the evidence has been

reviewed, the grand ju ry retu rns a Ano bill@ if there is

insufficien t evidence, or a At rue bill@ if enough evidence

is presen ted. Twelve of eigh teen people must agree.

The grand ju ry serves a one-year term, n ine of the

members rota te off every six months.

j) The a r ra ignment (for Super ior Cour t on ly)

Arra ignment refers to the actua l process of br inging t he

defendan t before the judge in open cour t and in forming

h im of the charges pending aga inst h im and direct ing

h im to plead. At th is t ime the defendan t usua lly pleads

gu ilty or not gu ilty. If the defendan t does not wish to

admit h is gu ilt or to con test t he sta te=s charges, he may

en ter a plea of “nolo con tendere.” If the defendan t

en ters a plea of gu ilty or nolo con tendere, he may be

sen tenced. If he pleads not gu ilty, a t r ia l da te is set .

k) The pre-t r ia l process

After the a r ra ignment , the dist r ict a t torney and the

defense a t torney may en ter in to a plea ba rga in



In st r u ct or

agreement in which the defendan t agrees to plead gu ilty

in retu rn for a reduced charge or a ligh ter sen tence

which may have been received if the case were to go to

t r ia l. The substance of their agreement must be

disclosed to the judge who can approve, modify, or reject

the plea a r rangement .

l) Discovery

Discovery is the process by which a t torneys for both

prosecu t ion and defense obta in cer ta in in format ion

per t inen t to the t r ia l from each other .

The defense is not au tomat ica lly en t it led to in terview

the witness for the sta te pr ior to t r ia l; neither is it

forbidden . It is the vict im=s pr ivilege to refuse to ta lk

with the defense or any member of h is/her sta ff pr ior to

t r ia l.

Vict ims should be advised of r igh t not to ta lk; wha t they

may say to the defense or to the press can and will be

used aga inst them in cour t .

m) Pre-t r ia l hea r ing

The t r ia l judge meets with the dist r ict a t torney, the

defendan t , and the defense a t torney pr ior to t r ia l to

make sure tha t the discovery mater ia ls have been

subpoenaed and a re ava ilable, and to take ca re of any

other pre-t r ia l ma t ters including mot ions.

After the complet ion of the above and a fter the judge has

ru led on any pre-t r ia l mot ions, the case is pu t on the

cour t docket for t r ia l.

n ) The t r ia l

The t r ia l is a formal examina t ion of the facts of a case by

a ju ry to determine whether the defendan t has

commit ted the cr ime charged. If you a re a witness, you

will receive a subpoena . A subpoena will be issued and

you will probably be con tacted by the prosecu tor or a

member of h is/her sta ff to discuss your test imony pr ior

to t r ia l.

o) The t r ia l process



In st r u ct or

NOTE: Show s lide , “The Tria l P roce ss .”

(1) Select ion of the ju ry

Prospect ive ju rors a re quest ioned by both the

prosecu tor and the defense a t torney about their

knowledge of the case and whether they a re

acqua in ted with either of the a t torneys, the

vict im, the defendan t , or any witnesses.

The twelve persons agreed upon comprise the

ju ry. Two a lterna te ju rors a re selected to replace

any ju rors who may be unable to complete the

t r ia l. Following the ju ry select ion , the ju rors a re

sea ted in the ju ry box and given inst ruct ions

about the t r ia l procedure by the judge.

(2) Opening sta tements

Although there is no r equ irement for an open ing

sta tement , a s a genera l ru le the presiding judge

offers the a t torneys the oppor tun ity to make an

open ing sta tement in which both a t torneys will

tell the ju ry wha t they expect to prove dur ing the

t r ia l.

(3) The prosecu t ion

Th is is the por t ion of the t r ia l in which the

prosecu tor presen ts the physica l evidence and

test imony of the witnesses. The prosecu tor must

prove to the ju ry Abeyond a reasonable doubt@

tha t a cr ime was commit ted and tha t the

defendan t on t r ia l is the person wh o commit ted

it .

As a witness for the prosecu t ion , you will fir st be

quest ioned by the prosecu tor (direct

examina t ion), a fter which the defense a t torney

will quest ion you (cross examina t ion).

If the dist r ict a t torney asks a quest ion which the

defense a t torney th inks is improper , the defense

a t torney will object . At tha t poin t the judge must

either susta in or overru le the object ion .



In st r u ct or

The witness should stop ta lking when the

defense objects and wait for the judge=s ru ling.

If the object ion is susta ined, th e quest ion must

not be answered. If it is overru led, the witness

may con t inue the test imony. In any even t , the

witness will be told whether to con t inue the

test imony. Also, a witness must be given the

oppor tun ity to expla in an answer if the witness

feels it is necessa ry.

If the quest ion has a lready been answered when

the object ion is made, the judge may inst ruct the

ju ry to disregard the answer . Th is means tha t

the ju ry cannot consider tha t pa r t icu la r

in format ion when deciding the defendan t=s gu ilt .

(4) The defense

Although there is no obliga t ion to do so, the

defense a t torney usua lly presen ts witnesses to

test ify on beha lf of the defendan t . The prosecu tor

must convince the ju ry of the defendan t=s gu ilt

beyond a reasonable doubt in order to convict the

defendan t . The defense has to prove noth ing and

under the F ifth Amendment of the U.S.

Const itu t ion , a defendan t is not requ ired to

test ify. Remember tha t in any cr imina l t r ia l the

defendan t is presumed innocen t un t il proven

gu ilty. If the defense a t torney feels tha t the

prosecu t ion has not proven the defendan t=s gu ilt ,

a mot ion may be made to dismiss a t the close of

the sta te=s case withou t presen t ing any evidence

and rest ing the case a t any t ime.

(5) The Sta te=s rebu t ta l

If the defendan t does presen t witnesses and

evidence, the prosecu tor has the oppor tun ity to

rebu t any sta tements made dur ing the defenses

case.

The a t torneys use the phrase Athe Sta te (or

defense) rests@ to indica te tha t a ll the evidence

has been presen ted and a ll the witnesses ha ve

been heard.



In st r u ct or

(6) Closing a rguments

The closing a rgument is where both a t torneys a re

given the oppor tun ity to presen t their

con ten t ions to the ju ry.

(7) Inst ruct ions to the ju ry

Following the closing a rguments, the judge

inst ructs the ju ry on the law as it applies to th is

case and how they must base their decision on

the evidence which has been presen ted.

(8) J u ry delibera t ion

Following inst ruct ions from the judge, the ju ry

goes to a separa te and pr iva te room (refer red to

as the ju ry room) where they elect a foreman who

serves as spokesperson . Once the foreman has

been selected, the ju ry reviews a ll the evidence

presen ted in the case including the test imony of

a ll the witnesses. They then vote as to the gu ilt

of the defendan t . If they a re a ll in agreement ,

they send word to the judge tha t they have

reached a verdict (decision).

(9) Announcement of the verdict

The cour t is reconvened when the judge is

not ified tha t a verdict has been reached. The

ju ry is brought back in to the cour t room where

the judge asks the foreman if the ju ry has

reached a verdict . After the foreman responds to

the quest ion , the judge asks tha t the verdict be

given to the cour t clerk who then reads the

verdict a loud. The defense may request the judge

to poll the ju ry. Th is m eans tha t each ju ror will

be asked if he or she voted for the verdict tha t

was delivered.

(10) The sen tencing

Sen tencing in a cr ime which ca rr ies a possible

dea th pena lty necessita tes a second session of the

cour t ca lled the Asen tencing phase.@ At th is t ime



In st r u ct or

the defense can ca ll character witnesses to test ify

on the beha lf of the defendan t . The sta te may

a lso presen t evidence. Then both a t torneys a re

aga in permit ted to address the ju ry. Following

addit iona l inst ruct ions from the judge, the ju ry

aga in retu rns to the ju ry room to decide the

sen tence to be imposed. The announcement of

the sen tence follows the same procedure as the

announcement of the verdict . If the dea th

pena lty is imposed, the defense usua lly asks tha t

the ju ry be polled. Although the ju ry makes the

decision , it is the judge who pronounces the

sen tence.

In cases which do not ca r ry a possible dea th

pena lty, the du ty of the ju ry is confined to

deciding whether the defendan t is gu ilty as

charged. Sen tencing is the du ty of the judge.

The judge may receive evidence from both the

sta te and defense bear ing on sen tence, such as

the defendan t=s pr ior cr imina l record or lack

thereof.

A vict im has the r igh t to offer admissible

evidence of the impact of the cr ime which must

be considered by the cour t or ju ry in sen tencing

the defendan t . The evidence may include the

following:

(a ) A descr ipt ion of the na ture and exten t of

any physica l, psychologica l, or emot iona l

in ju ry suffered by the vict im as a resu lt of

the offense commit ted by the defendan t .

(b) An explana t ion of any economic or

proper ty loss suffered by the vict im.

(c) A request for rest itu t ion and an indica t ion

of whether the vict im has applied for or

received compensa t ion under the Cr ime

Vict ims Compensa t ion Act (15A-833).

p) The appea l

There is r igh t of appea l direct ly to the Nor th Carolina

Supreme cour t for defendan ts convicted of fir st -degree



In st r u ct or

murder who receive the dea th sen tence. Defendan ts

have the r igh t to appea l their convict ion to the Nor th

Carolina Cour t of Appea ls.

The funct ion of the appella te cour ts is to determine

whether there were any er rors in the t r ia l cour t process.

The appea l may take eigh teen months or more, and

dur ing th is t ime the defendan t may be ou t on ba il. Ba il

decision in pa r t depends on the type of cr ime for which

the defendan t was convicted. Other considera t ions

include whether the defendan t is a danger to the

community or to an individua l and whether the

defendan t is likely to leave the ju r isdict ion to avoid

serving the sen tence once appea l is decided.

The convicted murderer who is sen tenced to dea th has

numerous appea ls which may include the Supreme

Cour t of the United Sta tes.

q) Responsibilit ies of the agency with custody of the

defendan t (15A-836)

When a form is included with the fina l judgment and

commitment (G.S. 15A-832(g)), or when the vict im has

filed a wr it ten request for not ifica t ion with the custodia l

agency, tha t agency must not ify the vict im of:

(1) Projected release da te if the sen tence exceeds 90

days of confinement .

(2) The defendan t=s escape from custody with in 72

hours un less the vict im not ifies the agency in

writ ing of a specific th rea t by the defendan t

aga inst the vict im, then the not ifica t ion should

be as soon as possible and with in 24 hours.

(3) The defendan t=s capture with in 24 hours.

(4) Release da te of defendan t ; the min imum

not ifica t ion t ime is 7 days.

D. Cr ime Vict ims Compensa t ion8

NOTE: Show s lide , ACrim e Vic tim s Com pe nsation .@



In st r u ct or

Another avenue vict ims of cr ime may wish to pursue is vict im=s

compensa t ion . The Nor th Carolina Cr ime Vict ims Compensa t ion

Commission was crea ted by the Nor th Carolina Cr ime Vict ims

Compensa t ion Act to provide financia l a ssistance to innocen t vict ims of

cr ime as a resu lt of being in ju red from cr imina l conduct .

1. The Nor th Carolina Cr ime Vict ims Compensa t ion Commission

is housed with in the Nor th Carolina Depar tment of Cr ime

Control and Public Safety. The Division of Vict im and J ust ice

Services provides the sta ff for the Nor th Carolina Vict ims

Compensa t ion Commission . Two programs admin istered by the

Division of Vict im and J ust ice Services a re:

a ) Cr ime Vict ims Compensa t ion Program - established by

the Nor th Carolina Cr ime Vict ims Compensa t ion Act

b) Rape Vict ims Assistance Program - established by N.C.

Genera l Sta tu te ‘ 143B-480.1 and 143B-480.3 (separa te

from the Nor th Carolina Cr ime Vict ims Compensa t ion

Commission and the Nor th Carolina Cr ime Vict ims

Compensa t ion Act)

2. Who is a vict im under the Nor th Carolina Cr ime Vict ims

Compensa t ion Act?

NOTE: Show s lide , “Who Is a Vic tim ?”

The Nor th Carolina Cr ime Vict ims Compensa t ion Act defines a

vict im as “a person who suffers persona l in ju ry or dea th

proximately caused by cr imina lly in ju r ious conduct .”

Cr imina lly in ju r ious conduct is defined as “conduct tha t by it s

na tu re poses a substan t ia l th rea t of persona l in ju ry or dea th ,

and is pun ishable by fine or impr isonment or dea th , or would

be so pun ishable bu t for the fact tha t the person engaging in

the conduct lacked the capacity to commit the cr ime under the

laws of th is sta te.”

Cr imina lly in ju r ious conduct genera lly does not include conduct

a r ising ou t of the ownersh ip, main tenance, or use of a motor

veh icle when the conduct is pun ishable on ly as a viola t ion of

other provisions of Chapter 20 of the Genera l Sta tu tes. But

cr imina lly in ju r ious conduct does include conduct tha t amounts

to an offense involving impa ired dr iving as defined in G.S. 20 -

4.01(24a), and conduct tha t amounts to a viola t ion of G.S. 20 -

166 if the vict im was a pedest r ian or was opera t ing a veh icle

moved solely by human power or a mobility impa irment device.



In st r u ct or

Crimina lly in ju r ious conduct a lso includes an act of ter ror ism,

as defined in 18 U.S.C. ‘ 2331, tha t is commit ted ou tside of the

United Sta tes aga inst a cit ize n of th is sta te.

3. Who is eligible?

NOTE: Show s lide , AWho Is Elig ible ?@

A cla im under the Nor th Carolina Cr ime Vict ims Compensa t ion

Act may be filed by:

a ) A vict im

b) A dependent of a deceased vict im

c) A th ird person who is not a colla tera l source and who

provided benefit to the vict im or h is family ot her than in

the course or scope of h is employment , business, or

profession (i.e., fr iend, neighbor)

d) A person who is au thor ized to act on beha lf of a vict im, a

dependent , or a th ird person descr ibed in c

e) A vict im of human t ra fficking even if not a U .S. cit izen

The cla imant , however , may not be the offender or an

accomplice of the offender who commit ted the cr imina lly

in ju r ious conduct .

4. What compensa t ion may be pa id?

Compensa t ion may be a llowed for medica l expenses (forensic

medica l examina t ions a re free and not billed to the vict im ,

whether repor ted to law enforcement or not ), lost wages,

funera l expenses, and/or replacement services. The maximum

amount payable is $30,000.00, except an addit iona l $5,000.00

may be pa id for funera l expenses (in t ha t case, a maximum of

$35,000.00).

5. Who is not eligible?

NOTE: Show s lide , AWho Is Not?@

a ) An award of compensa t ion sha ll be den ied if:



In st r u ct or

(1) The cla imant fa ils to file an applica t ion for an

award with in two years (for conduct occurr ing

a fter December 1, 1998) a fter the da te of the

cr imina lly in ju r ious conduct tha t caused the

in ju ry or dea th for which the cla imant seeks the

award.

(2) The economic loss is incurred a fter one year from

the da te of the cr imina lly in ju r ious conduct tha t

caused the in ju ry or dea th for which the vict im

seeks the award, except in the case where the

vict im for whom compensa t ion is sought was 10

years old or younger a t the t ime the in ju ry

occurred. In tha t case, an award of compensa t ion

will be den ied if the economic loss is incurred

a fter two years from the da te of the cr imina lly

in ju r ious conduct tha t caused the in ju ry or dea th

for which the vict im seeks the award.

(3) The cr imina lly in ju r ious conduct was not

repor ted to a law enforcement officer or agency

with in 72 hours of it s occurrence, and there was

no good cause for the delay.

(4) The award would benefit the offender or the

offender=s accomplice, un less a determina t ion is

made tha t the in terests of just ice requ ire tha t an

award be approved in a pa r t icu la r case.

(5) The cr imina lly in ju r ious conduct occurred while

the vict im was confined in any correct iona l

facility.

(6) The vict im was par t icipa t ing in a felony a t or

about the t ime tha t the vict im=s in ju ry occurred.

(Revisions to the act in 1999 do not requ ire

au toma t ic disqua lifica t ion because of

cohabita t ion .)

b) A cla im may be den ied and an award of compensa t ion

may be reduced:

(1) Upon a finding of con tr ibu tory misconduct by the

cla imant or a vict im th rough whom the cla imant

cla ims; however , con t r ibu tory misconduct tha t is



In st r u ct or

not a proximate cause of becoming a vict im sha ll

not lead to an au tomat ic den ia l of a cla im .

(2) A cla im may be den ied or reduced if the vict im

was par t icipa t ing in a non tra ffic misdemeanor a t

the t ime of the in ju ry.

(3) Upon finding tha t the cla imant or vict im has not ,

withou t good cause, fu lly coopera ted with

appropr ia te law enforcement agencies or in the

prosecu t ion of cr imina l cases with regard to the

cr imina lly in ju r ious conduct tha t is the basis for

the award.

(4) To the exten t tha t the economic loss upon which

the cla im is based is or will be recouped from a

colla tera l source. (The existence of a colla tera l

source tha t would pay expenses direct ly rela ted

to a funera l, cremat ion , and bur ia l, including

t ranspor ta t ion of a body, sha ll not const itu te

grounds for the den ia l or reduct ion of an award of

compensa t ion .)

c) A cla im may be den ied upon a finding tha t the cla imant

has been convicted of any felony classified as a Class A,

B1, B2, C, D, or E felony under the laws of Nor th

Carolina an d tha t such felony was commit ted with in 3

years of the t ime the vict im ’s in ju ry occurred.

d) Compensa t ion for replacement services loss,

dependent=s economic loss, and dependent=s

replacement services loss may not exceed two hundred

dolla rs ($200.00) per week (maximum of 26 weeks

[$5,200.00] tota l). Compensa t ion for work loss and

household suppor t loss may not exceed th ree hundred

dolla rs ($300.00) per week for a maximum of 26 weeks.

6. What may not be pa id?

Compensa t ion may not be pa id for a loss of persona l proper ty or

for any expense pa id by insurance of other colla tera l sources

(except funera l expenses). There is no recovery under the

Nor th Carolina Cr ime Vict ims Compensa t ion Act for pa in and

suffer ing or for in ju ry and/or loss resu lt ing from a cr ime

punishable solely under Chapter 20, except for DWI and h it



In st r u ct or

and run (so if in ju red by DWI or h it and run , the vict im can

recover).

NOTE: Re fe r to handout, “Crim e Vic tim s Com pe nsation

Com m iss ion Application .”

Note: The Cr ime Vict ims Compensa t ion Act is separa te from

the Cr ime Vict ims’ Righ ts Act . Tha t Act manda tes tha t the

cour t consider an order of rest itu t ion to the vict im .

NOTE: Re fe r to handout, AHe lp for Vic tim s of Crim e .”

7. Invest iga t ion of a cla im

NOTE: Show s lide , “Inve s tigating Cla im s .”

a ) Every cla im tha t is filed is invest iga ted by the

Commission sta ff to determine tha t :

(1) A cr ime was commit ted tha t resu lted in physica l

in ju ry or dea th .

(2) The vict im did not con t r ibu te to h is or her

in ju r ies by con tr ibu tory conduct .

(3) The vict im was not pa r t icipa t ing in cr imina l

act ivity a t the t ime of the in ju ry.

(4) The cr ime was repor ted to law enforcement

with in 72 hours.

(5) The vict im coopera ted with law enforcement

agencies.

(6) All other requ irements were met under the Act .

b) It is the Nor th Carolina Cr ime Vict ims Compensa t ion

Commission=s responsibility to determine if a cla im

should be pa id or shou ld be den ied. Law enforcement

officers shou ld not feel tha t they a re burdened with th is

decision . Once the officer in forms a vict im of the

assistance ava ilable, the Commission sta ff will

invest iga te the cla im.

8. F raudulen t cla ims



In st r u ct or

If an individua l files a cla im con ta in ing fa lse sta tements or

cla ims, they a re subject to cr imina l prosecu t ion and a re civilly

liable to the Nor th Carolina Cr ime Vict ims Compensa t ion

Commission for a ll monies pa id on their fraudulen t cla im.

9. Assistance Program for Vict ims of Rape and Sex Offenses

N.C. Genera l Sta tu tes ‘ 143B-480.1 established an Assistance

Program for Vict ims of Rape and Sex Offenses with in the Nor th

Carolina Depar tment of Cr ime Control and Public Safety. The

program provides for vict ims of: fir st -degree rape, second-

degree rape, fir st -degree sexua l offense, second-degree sexua l

offense, sta tu tory rape, or a t tempted first -degree or second-

degree rape or a t tempted first -degree or second-degree sexua l

offense or a t tempted sta tu tory rape. A forensic medica l

examina t ion is free to vict ims.

Because of th is, law enforcement officers know tha t if they send

a rape vict im to the hospita l, the forensic medica l examina t ion

is free.

NOTE: Show v ide o , Dea l ing w i t h Vict im s a nd t he

Publ ic - AVictim s of Se xual Assau lt@ (9.5 m inute s ).

NOTE: Re fe r to handout, AP rotoco l for Ass is t ing Se xual

Assau lt Vic tim s .@ Re vie w applicable v ic tim in form ation .

E . Providing Appropr ia te Assistance to Specia l Groups

We have been discussing the cour ts, vict ims, compensa t ion , etc. What

if the vict im of a cr ime had specia l needs? What if the vict im were deaf

or blind? What is Alzheimer=s Disease? How do you know if a person

has Alzheimer=s. How can you recognize a disability and assist a

person? What is a ha te cr ime? The rest of th is ou t line will be devoted

to these issues.

1. Below a re some commonly accepted pr inciples and theor ies

regarding persons diagnosed with au t ism.

Aut ism is a developmenta l disability tha t fir st manifests before

the age of th ree and ser iously impa irs development of

communica t ion and socia l skills. People with au t ism a lso have

a rest r icted range of behaviors (e.g., frequen t engagement in

repet it ive behaviors such as hand flapping or pacing) and

in terests. Aut ism is thought to be a spect rum disorder , which

manifests on a con t inuum tha t may a lso include Asperger ’s



In st r u ct or

Syndrome and Pervasive Developmenta l Disorder Not

Otherwise Specified, two developmenta l disabilit ies simila r to

au t ism. The degree of impa irment in au t ism can range from

mild to severe, and individua ls with au t ism funct ion with

va rying degrees of independence. Males a re four t imes more

likely to have au t ism than females.

a ) Behaviora l profile elements for individua ls with au t ism9

(1) May a lso have a seizure disorder .

(2) May have an unusua l ga it (e.g., pigeon -toed or

toe wa lk).

(3) May react to sudden changes in rou t ine or to

sensory inpu t (e.g., loud noises like sirens,

fla sh ing ligh ts) with an increase in repet it ive

biza rre behaviors such as hand-flapping, h it t ing

self or screaming (temper tan t rums a re an

expected response to fea r , confusion or

frust ra t ion ).

(4) May move or run away when approached and not

respond to “stop.”

(5) May be nonverba l (up to 50% of th is popula t ion);

may communica te with sign language, pictu re

ca rds or gestu res. If verba l, they may often repea t

wha t is sa id to them by others.

(6) May have difficu lty recognizing and repa ir ing

communica t ions breakdowns such as responding

to requests for cla r ifica t ion ; may not understand

or accept sta tements from others ; may have

difficu lty understanding jokes or sa rcasm.

(7) May seem argumenta t ive, belligeren t or stubborn

by saying “no!” in response to a ll quest ions, or

constan t ly asking “why?”

(8) When uncomfor table, may engage in repea ted

quest ions, a rguments or apparen t ramblings

about favor ite topics.

(9) May have fla t monotonous voice with unusua l

pronuncia t ions; may have difficu lty using the



In st r u ct or

correct volume for the sit ua t ion (e.g., may be too

loud or too soft ).

(10) May seem like a poor listener ; lack of eye con tact

may make it seem like the person is not listen ing

or h iding someth ing.

(11) May have difficu lty in terpret ing body language,

such as defensive postu re or facia l expressions.

(12) May have difficu lty judging appropr ia te

boundar ies of persona l space and may stand too

close or too fa r away.

(13) May have difficu lty seeing th ings from a differen t

poin t of view; may have difficu lty predict ing

others’ react ions to their behavior .

(14) Are usua lly very honest , blun t and not tact fu l; do

not lie well.

(15) May not recognize danger of in ju ry; may have

limited help-seeking skills; may be unable to

dist ingu ish between ser ious problems; may not

know where/how to seek help; may be unable to

provide impor tan t in format ion or answer

quest ions.

(16) May not recognize law enforcement veh icles,

badges or un iforms, or understand wha t is

expected of them when in teract in g with law

enforcement officers (e.g., may be unaware tha t

keeping hands in pockets or reach ing in to a

pocket withou t explana t ion will be viewed as

th rea ten ing).

b) Methods to dea l with persons who have au t ism10

(1) Eva lua te for in ju ry; the person may not ask for

help or exper ience normal pa in even though

in ju ry is obvious.

(2) Look for medica l a ler t jewelry or tags; the person

may have a seizure disorder .



In st r u ct or

(3) If possible, con tact family members or ca regiver

and seek advice about how to communica te with

the individua l, a s well a s possible techn iques for

helping the individua l ca lm down.

(4) Use direct , shor t phrases emphasizing key words

such as “stand up,” “go to the ca r ,” etc. Allow for

delayed responses to quest ions or commands and

posit ively rein force a ppropr ia te responses.

(5) Avoid non -litera l expressions such as “what ’s up

your sleeve?” or “are you pu lling my leg?”

(6) Speak ca lmly and repea t commands. Speaking

loudly will not improve understanding. Model

ca lming body language (e.g., slow brea th ing and

keeping hands low).

(7) Avoid language or behaviors tha t cou ld appear

th rea ten ing. Use low gestu res to get a t ten t ion ,

avoid rapid poin t ing or waving, and assure the

person you do not in tend to hur t them.

(8) Look and wait for response or eye con tact ; may

prompt “look a t me,” bu t do not in terpret limited

eye con tact a s deceit or disrespect .

(9) Consider use of sign language and pictu re or

phrase books if ava ilable.

(10) Be aware of the person ’s self-protect ive responses

to ligh ts, sounds or touch .

(11) If possible, tu rn off sirens and flash ing ligh ts;

remove can ine pa r tn ers, on lookers and other

sources of sensory st imula t ion from the scene.

(12) If possible, avoid touch ing the person , especia lly

near the shoulders or face; avoid standing too

close in their persona l space; do not stop the

person ’s repet it ive behaviors (e.g., hand flapping

or pacing) as engaging in these behaviors shou ld

help the individua l ca lm down.

(13) If the person ’s behavior esca la tes, ma in ta in a

sa fe distance un t il the behavior decreases, bu t



In st r u ct or

stay a ler t to the possibility of addit iona l

ou tbursts or impulsive acts.

(14) If the person ’s act ions become self-in ju r ious or a

th rea t to yourself or others, physica l rest ra in t

may become necessa ry. Because people with

au t ism often have a n underdeveloped t runk,

abdomen and shoulder muscles, do not cross their

a rms in fron t of them or hold them from beh ind

as th is may compromise their diaphragm. For the

same reason , do not place them on their stomach .

(15) A more effect ive rest ra in t method is to have

people on each side of the individua l hold the

upper a rms and wrists. After placing the

individua l on the ground, they should be released

and provided with sa fe space to con t inue

engaging in repet it ive behaviors for self-ca lming.

(16) If someone is taken in to custody and it is

suspected they may have au t ism, to reduce the

r isk of in ju ry or abuse, a sk ja il au thor it ies to

segrega te the individua l from the genera l

popula t ion pr ior to a menta l hea lth eva lua t ion .

NOTE: The BLET Re vis ion Com m itte e

s trongly e ncourage s the use o f a gue s t

re source through the Autism Soc ie ty o f

North Carolina or a loca l chapte r, as w e ll as

the v ide o Aut ism Aw a r eness Vid eo for La w

Enfor cem en t a nd Com m unit y Ser v ice

Per son n el .

2. Serving people who a re deaf or ha rd of hear ing11

NOTE: Show s lide , ADe af P e rsons .@

a ) Per t inen t in format ion

(1) Deaf and hard of hear ing people can do anyth ing

you can except hear .

(2) Their ba rr ier to communica t ion comes from the

difficu lty in t ransmit t ing and/or receiving

language ora lly.



In st r u ct or

(3) The major ity of deaf or ha rd of hear ing

individua ls can effect ively communica te by using

such auxilia ry means of communica t ions as:

Sign language

Lip reading

Reading/writ ing

Hear ing a ids/assist ive listen ing devices

(4 ) Clues to a ler t you to the fact tha t a person is dea f

or hear ing impa ired a re as follows:

(a ) They appear to be a ler t bu t fa il to respond

to any noise or sounds.

(b) They may poin t to their ea rs, or to the ea r

and mouth .

(c) They may speak with a fla t or ha r sh

un in telligible monotone.

(d) They may write notes instead of speaking.

(e) They may wear a hear ing a id or coch lea r

implan t .

b) Methods for communica t ing with people who a re deaf

and hard of hear ing

(1) The deaf or hear ing impa ired individua l may u se

one of the following types of communica t ion :

(a ) Sign Language - Whenever needed, secure

a qua lified in terpreter . (It may be

necessa ry to use a family member in an

emergency situa t ion , bu t on ly un t il a

licensed, qua lified in terpreter a r r ives .)

(b) Writ ing Notes – For many people who

were born deaf, American Sign Language

(ASL) is their na t ive language. ASL is a

gestu ra l and concept iona l language

withou t wr it ten communica t ion to be

successfu l, the deaf person must be fluen t

in English (frequen t ly the second

language), much like a Span ish -speaking



In st r u ct or

person t rying to communica te using

English .

(c) Lip Reading - Be sure to face deaf person s

when speaking to them and use normal

tone and expression . Even in idea l

condit ions with good ligh t ing, on ly 30% to

40% of the English language is visible on

the lips.

(2) It is the service provider ’s responsibility to

provide effect ive communica t ion . To meet th is

requ irement , you should ask the individua l wha t

accommodat ions will best meet their

communica t ion needs.

(3) Keep your eyes on the person=s hands. Deaf

people have been stopped by an officer and then

shot and killed because the deaf person made a

qu ick move for a pen and pad in h is or her coa t

pocket or glove compar tment . These unfor tuna te

inciden ts can be pr even ted by mutua l awareness

which overcomes the lack of communica t ion .

NOTE: Show v ide o , Dea l ing w i t h Vict im s a nd t he Publ ic -

AIn te racting w ith De af Indiv iduals@ (5 m inute s ).


regarding persons who a re visua lly impa ired or blind.12

NOTE: Show s lide , ABlind.@

As an officer , it is your responsibility to t rea t a ll cit izens

equa lly under the law. Th is is the single most impor tan t th ing

to remember when you encounter a person who is visua lly

impa ired.

a ) Defin it ion

Lega lly blind is corrected visua l acu ity of 20/200 or less

in the bet ter eye or visua l field con tract ion of 20 degrees

or less. There is no such th ing as a stereo-typica l blind

person . Not a ll a re tota lly blind. In fact , 80% have some

remain ing vision . The degree to which th is vision may

a ffect mobility depends on the person .



In st r u ct or

For example, persons who a re visua lly impa ired with

tunnel vision may be able to see well enough to iden t ify

you as an officer when you appr oach them, bu t may need

your assistance in spot t ing oncoming t ra ffic before you

cross the st reet .

b) Per t inen t in format ion

(1) Mobility is a da ily issue in the lives of the blind.

(2) There a re two pr imary ways for a blind person to

ach ieve independent mobility: the gu ide dog and

the “white” cane.

(3) Only 5% of people who a re visua lly impa ired use

dogs. A gu ide dog is t ra ined to respond to the

commands of the master , and to exercise

“in telligen t disobedience,” i.e., to refuse a

command tha t cou ld br ing harm to the master .

For example, a gu ide dog will refuse to cross the

st reet if there is an oncoming ca r , bu t they a re

not t ra ined to defend their master .

(4) The long red and white canes a re the more

commonly used mobility tools. Shor t ones with

rubber t ips a re used for suppor t , while the long

slender canes a re swung systemat ica lly in fron t

of the user . Or ien ta t ion and mobility t ra in ing

a re requ ired in order to acqua in t the person who

is visua lly impa ired to use a white cane.

(5) Many blind people can hear and understand

wha t is being sa id as well a s sigh ted persons.

c) Methods for dea ling with the visua lly impa ired or blind

person

(1) When encounter ing a blind person who requ ires

assistance or appears lost , iden t ify yourself

immedia tely by saying, “I am a police officer , may

I be of assistance?”

(2) When assist ing a visua lly impa ired pedest r ian ,

have the person take your a rm just above the

elbow. He or she follows the movement of your

body. When you come to a curb or a set of steps,



In st r u ct or

he or she feels you r ise or descend and moves

easily beside you . Of course, it is an ext ra help for

you to say someth ing like, “here is the curb,” etc.

(3) Never push the person ahead of you , and

remember , dur ing the en t ire process to be very

verba l about wha t is happen ing and the

environment . E lder ly persons with severe

disabilit ies may need more physica l suppor t .

Also wea ther (icy or slippery condit ions) may

requ ire more assistance.

(4) Encourage sigh ted people in your pa t rol a rea to

keep sidewalks clea r . Th is addit iona l cour tesy

will enable visua lly impa ired persons in the

neighborhood to wa lk withou t the fea r of t r ipping

over objects.

(5) Use verba l direct ions and iden t ify yourself a s an

officer . If you a re doing t ra ffic du ty in the middle

of an in tersect ion , your first thought may be to

wa ive the blind person th rough with a hand

signa l. Rea lize tha t he or she does not see you .

(6) Use your normal voice volume. Most visua lly

impa ired persons can hear and do not need

in terpreters.

(7) If you a re involved in a case dea ling with a blind

vict im, remember tha t the vict im can descr ibe

the suspect by relying on h is/her other senses.

(8) Not seeing does crea te specia l fea rs. You will

have to be aware of th is when you a id the vict im,

and when you a t tempt to secure the descr ipt ion

of the suspect .

Obviously, blind people a re a t a disadvan tage

dur ing persona l a t tacks because they cannot see

their a t tackers to an t icipa te where they a re going

to be h it , and defend or protect themselves

accordingly. Simila r ly, they cannot see if they

a re going to need any protect ion . If you not ice

these fea rs in your vict im:



In st r u ct or

(a ) Reassure the person tha t your presence

will help protect them.

(b) Make follow-up phone ca lls for a week or

two, if t ime permits.

(9) Providing kn owledge of the surroundings will pu t

the blind person a t ease a fter the cr ime and help

reor ien t h im/her to h is/her loca t ion .

(10) Making the vict im feel sa fe and comfor table in

the environment will ease the vict im ’s t rauma

and will help the invest iga t ion .

(11) Obta in the maximum benefit from the visua lly

impa ired and blind witnesses by having them

u t ilize their own senses.

(12) Blind people a re likely to remember voices tha t

they have heard before. Voices and sounds can be

ana lyzed and used for the following:

(a ) Iden t ifica t ion

(b) Direct ion

(c) Distance

(d) Volume

(e) Number of sounds

(f) Qua lity of sounds

(13) A blind person is likely to form a descr ipt ion of

someone based on touch . Remember tha t cer ta in

th ings tha t sigh ted people iden t ify by seeing can

a lso be iden t ified by touch , such as:

(a ) Facia l ha ir

(b) Skin texture

(c) Ha ir length



In st r u ct or

(d) Cloth ing and items worn (open necked,

cot ton sh ir t , glasses, ha t , etc.)

(e) Heigh t and weigh t

(14) Ask if they can see and wha t they saw because

many lega lly blind persons can see well.

(15) Also, remember tha t blind persons cannot read or

fill ou t police forms and other pr in ted documents.

They will need your assistance with these

mater ia ls. Some can sign their name, some

cannot .

(16) Many blind people read th rough a system of

ra ised dots known as bra ille. The bra ille system

is a s effect ive for the blind as pr in ted words a re

for the sigh ted.

(17) Not ify cour t personnel tha t not ices to appear in

cour t and rela ted documents shou ld be both sen t

and communica ted by telephone. Although most

blind people have mail read to them, documents

communica ted by phone ca ll a re an addit iona l

cour tesy.

d) You should be aware of G.S. 20-1752, Righ t -of-way a t

in tersect ions for blind:

At any st reet , road, or h ighway crossing or in tersect ion

where movement of t ra ffic is not regu la ted by a t ra ffic

officer or by t ra ffic-con trol signa ls, any blind or pa r t ia lly

blind pedest r ian sha ll be en t it led to the r igh t -of-way a t

such crossing or in tersect ion , if such blind or pa r t ia lly

blind pedest r ian sha ll extend before h im a t a rm ’s length

a cane white in color or white t ipped in red, or if such

person is accompanied by a gu ide dog.


Publ ic - AIn te racting w ith Visually Im paire d

Indiv iduals@ (4 m inute s ).

4. Effect ive methods for dea ling with mobility impa ired persons

NOTE: Show s lide , AMobility Im paire d .@



In st r u ct or

Mobility impa irments occur in approximately 6% of the

popula t ion and a re genera lly the resu lt of congenita l defects,

acciden ts, disease, or combat .

People who have mobility impa irments a re like everyone else

except tha t they requ ire assistan t devices. However , they st ill

face two kinds of ba rr iers in society--a rch itectu ra l and

a t t itudina l.

Arch itectu ra l ba rr iers include sta irways, doors tha t a re too

narrow for wheelcha irs, curbs on sidewalks, and parking lots

withou t designa ted handicapped spaces.

At t itudina l ba rr iers a re usua lly more subt le, bu t a re easily

recognized by persons with mobility impa irments. React ions of

disgust , pity, or discomfor t a re often expressed verba lly and

nonverba lly by able-bodied people.

Do not express these avoidance react ions or a t t itudina l ba rr iers

when you dea l with a person who has a mobility impa irment .

Remember , your job is to t rea t everyone equa lly under the

law.13

a ) Implica t ions of mobility impa irment

Persons who a re mobility impa ired exper ience funct iona l

limita t ions a ffect ing one or more of their limbs, and

having t rouble moving from one place to another .

Therefore, cer ta in equ ipment and devices a re designed

to a id them in these movements. Some of the more

common assistan t devises a re:

(1) Wheelcha irs

(2) Cru tches

(3) Braces

(4) Canes

b) Methods to dea l with mobility impa ired persons

(1) Speak direct ly to the person in a normal tone of

voice and normal speech .



In st r u ct or

(2) Convey an a t t itude of acceptance and

understanding.

(3) Show respect for the person .

(4) Use posit ive nonverba l messages th rough such

means as postu re, eye con tact , and tone of voice.

(5) If the person is a vict im and if you a re not su re,

a sk the person if they have a disability.

(6) Ask the person if they need assistance.

(7) Most persons who a re mobility impa ired have

accepted and adapted to their disabilit ies, bu t an

assau lt (physica l or verba l) may make them feel

helpless.

(8) Since mobility impa irments a re visible

handicaps, those who have been physica lly

assau lted may blame their impa irment for the

vu lnerability it has caused. Consequent ly, they

may become uncoopera t ive and resist

quest ion ing.

(9) If a person with a mobility impa irment is

viola t ing the law or is a t fau lt , do not let pity or

sympathy in ter fere with your job. Persons with

impa irments may viola te the law just like any

other cit izen .

(10) Mobility devices a re impor tan t and considered by

many disabled persons as pa r ts of their bodies.

Taking away assistance devices (canes, cru tches,

etc.) leaves the person immobile and dependent

upon the officer for movement , persona l hygiene,

etc., bu t there have been inciden ts of canes and

cru tches being used as weapons aga inst a r rest ing

officers. Therefore, use judgment and respect

when deciding about assistance devices.14


Publ ic - AIn te racting w ith Indiv iduals w ith Mobility

Im pairm e nts@ (6 m inute s ).



In st r u ct or


regarding older persons.15

NOTE: Show s lide , AOlde r P e rsons .@

The U.S. popula t ion is growing propor t iona tely older with the

popula t ion of older Americans increasing da ily. Approximately

5,000 Americans celebra te their 65th bir thday every day.

It is cr it ica l tha t law enforcement officers develop the ability to

in teract effect ively with older persons and become aware of the

physica l and psychologica l changes tha t occurs in the aging

process, a process tha t is individua l specific from both

standpoin ts.

a ) Physiologica l elements of the aging process

(1) Less sensory in format ion is conveyed to the bra in

and the in terpreta t ion of tha t min imized

in format ion is slowed.

(2) A par t ia l or sever e loss of any of the senses may

occur .

(a ) Three-four ths of a ll women and over

one-ha lf of a ll men exper ience modera te to

severe changes in visua l funct ions dur ing

their lifet ime.

(b) Hear ing loss may occur .

(c) Sense of smell and taste may become

impa ired.

(3) Muscu la r coordina t ion is impa ired.

(4) React ion t ime slows.

(5) Fa t igue occurs more rapidly.

(6) Bone degenera t ion may occur .

(7) Distu rbances in sleep pa t terns occur .

(8) Increased problems with medica t ions.



In st r u ct or

(a ) Older persons a re the la rgest consumers

of lega l drugs.

(b) Two to ten percen t of older persons a re

a lcoholics.

(c) Illness/in ju ry may necessita te heavy

prescr ipt ion drug use, resu lt ing in

dependence.

(d) In teract ion of differen t drugs may cause

ser ious react ions.

(9) Be cau t iou s in making an assumpt ion of a lcohol

impa irment on the basis of stagger ing ga it ,

slu r red speech , or odor of brea th . The older

person may be having a diabet ic react ion or

exper iencing hyperglycemia , u remia , an

impending or completed st roke, or other cerebr a l

impa irment .

b) Psychologica l elements of the aging process

(1) Unable to respond qu ickly to poten t ia l dangers

and hazards.

(2) May see visua l ha llucina t ions or “floa t ing spots”

which a re often mistaken for a prowler .

(3) Hear ing loss is st rongly rela ted to depression and

suspicion since it resu lts in isola t ion or

misin terpreta t ion .

(4) Emot iona l isola t ion - produced by forced

withdrawal from socia l act ivit ies.

(5) Socia l isola t ion - produced by the loss of a spouse

or fr iend.

(6) Fear of being a cr ime vict im.

(7) May appear confused or disor ien ted.

(8) Have a lowered self-concept .

c) Officer in teract ion with the older person .



In st r u ct or

(1) Give verba l rein forcement - tell the person who

you a re and wha t you a re doing.

(2) Posit ion yourself so an older person can see you .

(3) Ga in the person ’s a t ten t ion pr ior to speaking.

(4) Paraphrase wha t you say.

(5) Try a low-pitched voice if a loud voice doesn ’t

help.

(6) Control background noise if possible.

(7) Communica te slowly and if possible break down

in format ion in to small un its to overcome

confusion .

(8) Reinforce rea lity and do not react to delusiona l

responses.

(9) Main ta in a toleran t , ca lm manner .

6. Alzheimer ’s Disease16

NOTE: Show s lide , “Alzhe im e r=s Dise ase .”

a ) What is Alzheimer ’s Disease?

(1) Alzheimer ’s Disease is a progressive bra in

disease.

(a ) It is not a menta l illness.

(b) It is not a normal pa r t of aging.

(2) It is nondiscr imina t ing, a ffect ing a ll races, sexes,

and socioeconomic levels equa lly.

(3) Alzheimer ’s Disease is fa ta l.

b) How common is Alzheimer ’s Disease?



In st r u ct or

(1) One ou t of every th ree families has a close

rela t ive or family member with Alzheimer ’s

Disease.

(2) An est imated four (4) million Americans and

115,000 Nor th Carolin ians suffer from

Alzheimer ’s Disease.

(3) Alzheimer ’s Disease is est imated as the four th

leading cause of dea th .

(4) About seven ty percen t (70%) of the ca re given to

Alzheimer ’s Disease pa t ien ts is provided in the

home by family members.

(5) More than fifty percen t (50%) of a ll nursing home

pa t ien t s have Alzheimer ’s Disease or a rela ted

disorder .

c) Symptoms of Alzheimer ’s Disease (A.D.)

NOTE: Show s lide , “Sym ptom s.”

(1) Appears “normal” in ea r ly stages.

(2) Gradua l recen t memory loss and confusion .

(3) Loss of reason ing and judgment abilit ies .

(4) Behavior changes and communica t ion problems.

(5) Symptoms usua lly in tensify as the disease

progresses.

d) How can I recognize an Alzheimer ’s Disease pa t ien t?

(1) Confusion : The pa t ien t often loses the ability to

understand wha t he or she sees and hears. The

disease blocks the person ’s ability to recognize

and in terpret correct ly even the simplest sigh t

and sound.

(a ) Inability to grasp and remember the

curren t situa t ion .

(b) Difficu lty judging the passage of t ime.



In st r u ct or

(c) Agita t ion , withdrawal, or anger .

(d) Inability to sor t ou t the obvious.

(2) Expression : Facia l expression is blank or

inappropr ia te to the situa t ion . For example, a

person may smile while telling about a ser ious

issue or avoid eye con tact . The person may look

sca red or indifferen t .

(3) Age: A factor , one is more likely to encounter an

a fflicted woman than a man , possibly because

women have a longer life expectancy.

(4) Inappropr ia te Dress: Wrong clothes for the

season ; clothes pu t on incorrect ly; mult iple layers

of clothes.

(5) Forget fu lness: May come and go somet imes

with in minu tes because of memory loss. The

A.D. person may appear uncoopera t ive, especia lly

about answer ing quest ions about the past or

presen t . Quest ions such as “Where do you live?”

or “What a re you doing?” may be too difficu lt for

the A.D. person to comprehend.

(6) Communica t ion problems: May have difficu lty

remember ing or understanding the meaning of

words, keeping thoughts clea r , speaking logica lly,

and following simple inst ruct ions. A.D. persons

may give inaccura te in format ion due to memory

loss. Mult iple quest ions or orders will confuse

h im or her even more.

Example: “Let me see your dr iver ’s license.”

A.D. persons may not be able to iden t ify or loca te

the dr iver ’s license.

(7) Delusions: Fa lse ideas (often involving

paranoia ). Persons may mistaken ly en ter a

neighbor ’s home or may lose th ings (theft ) tha t

has in rea lity been h idden . The A.D. pa t ien t may

accuse others of stea ling or t rying to ha rm h im.



In st r u ct or

(8) Ha llucina t ions: Because A.D. blocks ra t iona l,

ordered th inking and the ability to reach

accura te conclusions, a pa t ien t may see, hea r , or

feel someth ing incorrect ly.

Example: See neighbor ’s dog as a ferocious wolf

or mistaking a fr iend for a rela t ive or neighbor .

(9) Iden t ifica t ion : Your goa l is not to diagnose the

possible A.D. pa t ien ts, bu t to t ry to determine if

they a re cognit ively impa ired. Asking simple

quest ions such as “What is your name?”, “Where

do you live?”, “How are you feeling today?”, etc.,

will help to pinpoin t coher en t menta l awareness.

(10) Indecen t Exposure: A.D. pa t ien ts may forget

wha t is socia lly acceptable.

(11) Wander ing: Wander ing is common among A.D.

pa t ien ts. The A.D. pa t ien t may be confused,

rest less, or agita ted, maybe sea rch ing for familia r

faces or su rrounding.

e) What shou ld I do if I suspect Alzheimer ’s?

(1) Approach the A.D. person in a ca r ing and

sensit ive manner . A ca lm fr iendly environment

helps.

(2) Use your best discret ion in responding to the

individua l (move to a qu ieter a rea , ca lmly offer

a ssurance, do not t ry to reason with or a rgue

with , etc.)

(3) If you have quest ions about lega l procedures,

consu lt depar tmenta l admin ist ra tors.

(4) Look for medica l iden t ifica t ion (bracelets,

necklaces, labels inside the shoes, cloth ing, etc.)

Pa t ien t may be enrolled in Na t ionwide

Alzheimer ’s Associa t ion Safe Return Program or

a “loca l” loca tor program.

(5) Often law enforcement officers encounter

pa t ien ts of A.D. who have not been diagnosed.

You may be a source of encouragement to



In st r u ct or

families by suggest ing tha t medica l help may be

necessa ry.

(6) Refer family members and fr iends to the nearest

Alzheimer ’s Associa t ion Chapter .

(7) Ca ll your nearest Alzheimer ’s Associa t ion

Chapter Caregiver Help Lines for fu r ther

in format ion and help.

NOTE: Re fe r to handout, “North Carolina

Alzhe im e r’s Assoc iation Chapte rs and the

countie s the y se rve .”

7. Service an imals

a ) What is a service an imal?

(1) As defined by the Americans with Disabilit ies Act

(ADA), a service an imal is any an imal

individua lly t ra ined to provide assistance to an

individua l with a disability.

(2) In addit ion to gu ide dogs tha t a re used by people

with visua l disabilit ies, service an imals may a lso

assist by:

(a ) Aler t ing people with hear ing disabilit ies

to sounds

(b) Pu lling wheelcha irs or ca r rying or picking

up objects for people with mobility

disabilit ies

(c) Assist ing people with mobility disabilit ies

with ba lance

(d) Aler t ing a person to the onset of a medica l

cr isis (seizure, insu lin shock, etc.)

b) Righ t to use service an imals

(1) The ADA requ ires tha t people with disabilit ies be

a llowed to be accompanied by service an imals in

public en t it ies and pr iva tely owned businesses

tha t serve the public.



In st r u ct or

(2) G.S. 168-4.2 legisla tes tha t every person with a

disability has the r igh t to be accompanied by a

service an imal to assist the persons with the

disability. The Depar tment of Hea lth and Human

Services a lso issues a tag stamped “NORTH

CAROLINA SERVICE ANIMAL PERMANENT

REGISTRATION” a long with a regist ra t ion

number . Acquir ing a service an imal tag is

volun ta ry and not requ ired by the ADA or sta te

law.

(3) Th is legisla t ion a lso a llows for an imals in

t ra in ing to be taken in to public en t it ies and

businesses tha t serve the public.

c) Limita t ions

(1) A service an imal is not a pet .

(2) Any damage caused by a service an imal is the

liability of the owner or t ra iner as long as pa t rons

withou t disabilit ies would be simila r ly charged.

(3) Service an imals may be excluded when the

an imal poses a direct th rea t to others, such as

vicious behavior ; or in limited circumstances is

disrupt ive to the business, such as ba rking in a

movie.

d) In teract ion with law enforcement officers

(1) Officers may be ca lled to businesses where

individua ls a re accompanied by service an imals

and expla in th e law to and the r igh t of the

individua l to be accompanied by a service an imal.

(2) Officers may take in to custody individua ls

suspected of a cr ime who a re accompanied by a

service an imal. Officers shou ld ask the individua l

if there is someone who can assume con trol of the

an imal or ca ll an an imal con trol officer . Officers

a lso should ascer ta in wha t assistance is provided

by the service an imal. On some occasions, such as

a service an imal tha t a ler ts an individua l to

seizures, it migh t be advan tageous to keep the



In st r u ct or

an imal with the individua l it serves as much as

possible.

F . Responding to Possible Ha te Cr ime Offenses17

NOTE: Show s lide , AHate Crim e s .@

1. In the past severa l yea rs, bias or ha te mot iva ted inciden ts have

increased th roughout the country. Bias mot iva ted cr imina l acts

not on ly have a devasta t ing effect on the individua l vict im, bu t

a lso th rea ten the democra t ic founda t ions of our society. Also,

tensions and pressures a re genera ted with in the neighborhoods

a ffected. A ha te cr ime ta rgets not just the vict im or vict ims

direct ly involved, a ha te cr ime is meant to send a message to a ll

other individua ls of tha t same race, religion , disability,

na t iona lity/ethn icity, or sexua l or ien ta t ion --a message of an

offensive na ture, of ha t red.

As law enforcement officers, you must acknowledge the

obliga t ion not on ly to invest iga te the cr imina l acts, bu t a lso to

recognize and respond in a suppor t ive manner to the emot iona l

t rauma exper ienced by the vict ims, families, and cit izens of the

community which have witnessed and suffered from such

inciden ts.

2. Defin it ions

NOTE: Show s lide , AHate Crim e De fin it ions .@

a ) Bias - A preformed nega t ive opin ion or a t t itude toward a

group of persons based on their race, religion , disability,

ethn icity/na t iona l or igin , or sexua l or ien ta t ion .

b) Ha te Cr ime - A cr imina l offense commit ted aga inst a

person or proper ty which is mot iva ted, in whole or in

pa r t , by the offender ’s bias aga inst a race, religion ,

disability, ethn ic/na t iona l or igin group, or sexua l

or ien ta t ion group. Also known as “Bias Cr ime.”

c) Disability - Of or rela t ing to persons who have physica l

or menta l impa irments/cha llenges, whether temporary

or permanent , due to condit ions tha t a re congenita l or

acqu ired by heredity, acciden t , in ju ry, advanced age, or

illness.



In st r u ct or

d) Disability Bias - A preformed nega t ive opin ion or

a t t itude toward a group of persons based on their

physica l or menta l impa irments/cha llenges, whether

such disability is temporary or permanent , congen ita l or

acqu ired by heredity, acciden t , in ju ry, advanced age, or

illness.

e) E thn icity/Na t iona l Or igin Bias - A preformed nega t ive

opin ion or a t t itude toward a group of persons of the

same race or na t iona l or igin who share common or

simila r t ra it s, languages, customs, and t radit ions (e.g.,

Arabs, La t inos, etc.).

f) Racia l Bias - A preformed nega t ive opin ion or a t t itude

toward a group of persons who possess common physica l

character ist ics (e.g., color of skin , eyes, and/or ha ir ;

facia l fea tu res; etc.) genet ica lly t ransmit ted by descen t

and heredity which dist ingu ish them as a dist inct

division of humankind (e.g., Asians, Afr ican -Americans,

whites, etc.).

g) Religious Bias - A preformed nega t ive opin ion or

a t t itude toward a group of persons who share the same

religious beliefs regarding the or igin an d purpose of the

un iverse and the existence or nonexistence of a supreme

being (e.g., Ca tholics, J ews, Protestan ts, a theists, etc.).

h ) Sexua l Or ien ta t ion Bias - A preformed nega t ive opin ion

or a t t itude toward a group of persons based on their

sexua l a t t r act ion toward, and responsiveness to,

members of their own sex or members of the opposite sex

(e.g., homosexua ls, heterosexua ls, etc.).

3. What is ha te cr ime/bias cr ime?

Ha te cr ime/bias cr ime a re gener ic terms used to descr ibe

inciden ts of violence or cr imes perpet ra ted aga inst persons

solely because of their race, religion , na t iona l or igin /ethn icity,

sexua l or ien ta t ion , or disability. Even though inciden ts of ha te

cr ime have occurred th roughout the h istory of th is country, the

law enforcement community has slowly recognized the need to

provide specific t ra in ing. Not too long ago, many law

enforcement officia ls considered most inciden ts as ch ildish

pranks, undeserving of any rea l law enforcement in terven t ion

(e.g., swast ika pa in ted on a synagogue wall). Law enforcement

officia ls must be t ra ined in handling inciden ts when they occur ,



In st r u ct or

thus reducing the possibility of reta lia t ion and addit iona l

violence in the communit ies in which inciden ts occur .

4. How do we iden t ify ha te violence inciden ts?

Inciden ts of ha te violence include proper ty defacement , physica l

a ssau lts, th rea ts of in t imida t ion , and somet imes murder . The

sole mot iva t ion for such violence is ha t red for those who a re

differen t in some way from the perpet ra tor .

5. Cr iter ia for iden t ifying bias inciden ts:

NOTE: Show s lide , “Ide ntify ing Hate Crim e s .”

a ) The mot iva t ion of the perpet ra tor .

b) The absence of a regu la r or typica l mot ive.

c) The vict im=s percept ion of the inciden t .

d) The display of offensive symbols, words or acts.

e) AThe da te and t ime of occurrence (corresponding to a

holiday of sign ificance to the vict im group or offender

group, i.e., Hanukkah , Mar t in Luther King Bir thday,

Chinese New Year , Hit ler=s bir thday, ann iversa ry of

Gordan Kahl=s dea th , etc.).

f) A common sense review of the circumstances

surrounding the inciden t (consider the tota lity of the

circumstances).

(1) The groups or individua ls involved in the a t tack.

(2) The manner and means of the a t tack.

(3) Any simila r inciden ts in the same a rea or aga inst

the same vict im.

g) Sta tements by perpet ra tor (Example - Sta tements of

ha t red toward the vict im, h is or her kind of people.)@18

h ) Would the inciden t have occurred if the vict im and

offender were of the same race, religion , sexua l

or ien ta t ion , ethn icity, or disability?



In st r u ct or

6. Who a re the perpet ra tors?

Perpet ra tors of ha te violence can come from any neighborhood,

any city, any sta te, any country. Sta t ist ics show tha t the

major ity of the offenders a re young, white males. Some

perpet ra tors a re members of organ ized ha te groups such as the

Ku Klux Klan or the skinheads, bu t most do not belong to such

groups. The offenders’ cr imina l act ions a re genera lly

mot iva ted, in whole or in pa r t , by a specific bias. Some of the

more common biases a re those in viola t ion of federa l an d sta te

civil r igh ts laws.

7. Vict im assistance

The law enforcement officer ’s goa l is to a id the vict im

procedura lly, a s well a s emot iona lly.

a ) Procedura l a id to the vict im

(1) Be suppor t ive from in it ia l con tact th rough fina l

case disposit ion .

(2) Be nonjudgmenta l and a llow vict ims to ven t their

emot ions.

(3) Obta in the services of an in terpreter if the vict im

does not speak English .

(4) Provide emergency refer ra ls or direct a ssistance

a t a cr ime scene for medica l ca re, shelter , food,

cloth ing, and ch ild ca re.

(5) Arrange for appropr ia te secur ity measures to be

implemented to protect persons and proper ty,

including reloca t ion , increased law enforcement

presence, and/or rest ra in ing order .

(6) Provide preven t ion and precau t ionary advice.

(7) Provide in format ion on the cr imina l just ice

process.

b) Emot iona l a id to the vict im

(1) Vict ims of ha te cr ime exper ience a loss of

secur ity, t rust , and self-confidence with in their



In st r u ct or

own home and community. Their self-esteem is

grea t ly a ffected. As the r esponding law

enforcement officer , sensit ivity to the vict im must

be offered immedia tely. Assure the vict im tha t

the officer is there to help.

(2) The impact of ha te cr ime inciden ts goes fa r

beyond the individua l involved. Ha te cr ime

inciden ts leave a feeling of unrest and th rea t of

fu r ther violence with in a community. Th is may

lead to demonst ra t ions and disorder . Ha te cr ime

inciden ts have an impact on society as a whole.

Individua ls lose fa ith in the system. Cer ta in

groups a re isola ted which resu lts in

rein forcement of stereotypes. The responding

law enforcement officer must take in to account

the r ipple effect of ha te cr ime inciden ts. It must

be st ressed tha t if proper act ion is in it ia lly

adhered to, then community unrest may be

avoided.

NOTE: Re fe r to handout, “SBI Hate Crim e Inc ide nt

Re port.” De scribe and d iscuss w ith s tude nts .

8. The responding officer has an impor tan t role in reference to

ha te cr ime. Tha t officer represen ts the law enforcement agency

and how they handle the ca ll will deter mine the vict im ’s

percept ion of your agency.19


Publ ic - AHate Crim e s@ (5 m inute s ).

G. Address Confiden t ia lity Program

An Address Confiden t ia lity Program has been established in the O ffice

of the At torney Genera l.

1. Th is program is designed to protect the confiden t ia lity of the

address of a reloca ted vict im of domest ic violence, sexua l

offense or sta lking to preven t the assa ilan ts or poten t ia l

a ssa ilan ts from finding the vict im th rough public records. G.S.

15C-3.

2. A vict im who wants to pa r t icipa te in the ACP must file an

applica t ion with the At torney Genera l with the assistance of

employees of designa ted agencies or organ iza t ions tha t provide



In st r u ct or

counseling, refer ra l, shelter or other specia lized services to

vict ims of domest ic violence, sexua l offense or sta lking. G.S.

15C-2; G.S. 15C-4; G.S. 15C-10.

3. Upon cer t ifica t ion , the At t orney Genera l sha ll issue an Address

Confiden t ia lity Program au thor iza t ion ca rd to the program

par t icipan t with a substitu te address. G.S. 15C-4.

a ) ACP par t icipan ts (vict ims) a re responsible for

request ing Nor th Carolina agencies (includin g law

enforcement agencies) to use the address designa ted by

the At torney Genera l a s the subst itu te address of the

program par t icipan t . G.S. 15C-8.

b) When a program par t icipan t (vict im) submits a curren t

and va lid Address Confiden t ia lity Card to an agency of

Nor th Carolina (including law enforcement agencies),

the agency sha ll accept the address designa t ion on the

au thor iza t ion ca rd as the program par t icipan t ’s

subst itu te address when crea t ing a new public record

un less the agency obta ins a wa iver from the At torney

Genera l. G.S. 15C-8.

4. No employee of a sta te or loca l agency (including law

enforcement agencies) sha ll knowingly and in ten t iona lly

disclose a program par t icipan t ’s actua l address or telephone

number to a person known to the employee to be proh ibited

from receiving the actua l address or telephone number , un less

the disclosure is permissible by law. Th is applies on ly when an

employee obta ins the actua l address or telephone number

dur ing the course of the employee’s officia l du t ies and, a t the

t ime of the disclosure, the employee has specific knowledge tha t

the actua l address or telephone number disclosed belongs to a

program par t icipan t . Viola t ion is a Class 1 misdemeanor

pun ishable by a fine not to exceed $2,500. G.S.15C-2; G.S. 15C-

9.

5. Name change proceedings a re not requ ired to be published

when applican ts provide evidence they a re a vict im of domest ic

violence, sexua l offen se or sta lking, or a re pa r t icipan ts in the

ACP. Such records must be main ta ined separa tely from other

records and can be examined on ly by cour t order or the

applican t ’s wr it ten consen t .

H . What Are the Best and Most Appropr ia te Methods of Communica t ion

With the Public?



In st r u ct or

1. To be effect ive, an officer shou ld develop the skills of a

communica t ions specia list . Law enforcement work involves

being empathet ic and understanding with vict ims while

conduct ing wha t can be in t rusive and pa infu l in terviews. It

a lso involves being thorough bu t concise when expla in ing

procedures to family members. Communica t ion , dur ing in it ia l

response can instan t ly tu rn from car ing and understanding to

stern and in ter roga t ive when a suspect sudden ly re -appears on

the scene. The in terviewing officer must be ca refu l not to

appear to be conduct ing an in ter roga t ion when in terviewing a

witness.

2. Effect ive, professiona l officers must demonst ra te their ability to

communica te repea tedly th roughout the course of a workday.

Your ability to a r t icu la te your knowledge to the average person ,

whether they a re in the role of vict im, witness, suspect , etc.,

will determine your effect iveness as an officer . To become an

effect ive communica tor , one must be aware of both verba l and

nonverba l communica t ion skills and pract ice using them in day

to day conversa t ions.

3. “Police officers must keep in mind tha t a la rge major ity of their

day will be spen t dea ling with ca lls genera lly thought of a s

>rou t ine= or mundane. An officer ’s day can be filled with ca lls

involving medica l emergencies, family dispu tes, au to acciden ts,

ba rking dogs, etc. 20

Therefore, officers must remain aware of

their du ty to the cit izens to be a human resource for knowledge

concern ing a wide var iety of topics. Officers must remember

tha t cit izens ca ll law enforcement often as a la st resor t . They

want answers to quest ions or solu t ions to problems and they

expect the officer to be able to help them. If the officer leaves

the cit izen confused and frust ra ted because of a fa ilu re to

communica te, then they have fa iled to perform the du t ies of the

job adequa tely.

NOTE: Conduct practica l e xe rc ise , “Victim

Com m unication Role P lays .” (Re fe r to Ins tructor Note s )

III. Conclusion

A. Summary

In th is block we have discussed the rea l meaning of law enforcement

and community rela t ions. Law enforcement officers a re a pa r t of their

community and not a pa r t from their community.



In st r u ct or

Reasons for effect ive communica t ion and communica t ion skills were

presen ted in the con text of effect ively assist ing an d providing

in format ion to the public and to vict ims.

Studen ts were given a chance to role play so they cou ld pract ice

differen t types of approaches law enforcement officers use in differen t

situa t ions.

As expla ined in the block of inst ruct ion , law enfor cement officers a re

service providers to the communit ies they serve. A fundamenta l pa r t

of any law enforcement posit ion is dea ling with cit izens, in many

differen t capacit ies. The bet ter you understand these differen t roles

and adapt to them, the bet ter officer you will become. Remember tha t

an officer must have the r igh t a t t itude for the situa t ion . Conduct must

be professiona l, eth ica l, and appropr ia te for the situa t ion .

Communica t ion skills must be used, and job knowledge must be

main ta ined.

NOTE: Show s lide , ARe vie w Train ing Obje ctive s .@

B. Oppor tun ity for Addit iona l Quest ions

C. Closing Sta tement

Cr ime often leaves the vict im in a gr ievous sta te of anguish and

despa ir . Under the st ress of the cr ime’s impact , the vict im is often

unusua lly vu lnerable. Th is combines to place the officer in a un ique

posit ion by which h is/her behavior may inadver ten t ly re -vict imize the

vict im or can con tr ibu te sign ifican t ly to the hea ling process of the

vict im. Vict ims judge an officer by the level of ca r ing shown as well a s

h is/her professiona l skills.

Because of the ext reme sensit ivity of the vict im, the purely

unemot iona l, st iff response cou ld have a debilita t ing effect on the

a lready dist raught vict im. Conversely, a simple cour tesy shown

becomes an act of per sona l kindness and ca r ing, a kindness the vict im

will remember . Thus, simple cour tesies con tr ibu te sign ifican t ly to the

hea ling process for the vict im and to restora t ion for the vict im ’s

emot iona l life.

Do un to others as you would have them do un to you .



In st r u ct or

Th is block of inst ruct ion is dedica ted to the memory of

Lt. He nrie tta “Hank” Lane . Lt . Lane was one of the

au thors and past inst ructors of th is block. Her ta len t

and dedica t ion were eviden t in her work and will be

grea t ly missed a long with her .



In st r u ct or

NOTES

1 ADealing With Vict ims and the Public,@ Basic Law Enforcem ent Train ing

(Sa lemburg, NC: NC J ust ice Academy, 1993), 5.

2 ASpecia l Popula t ions,@ Basic Law Enforcem ent Train ing (Sa lemburg, NC:

NC J ust ice Academy, 1993), 8.

3 Ibid.

4 ADealing With Vict ims and the Public,@ 5.

5 Ibid., 5-6.

6 Ibid., 12.

7 N orth Carolina Manual 1993-1994 (Ra leigh , NC: Secreta ry of Sta te=s

Office), 599-647.

8 “If Cr ime St r ikes, Know Where to Turn for Help” (Ra leigh , NC: NC

Depar tment of Cr ime Control and Public Safety).

9 Dennis Debbaudt , Autism , Advocates, and Law Enforcem ent Professionals:

Recognizing and Red ucing R isk S ituations for People with Autism Disorders (London:

J essica Kingsley Publishers, Ltd., 2002), 118-121. 10

Ibid., 27, 121-122. 11

“Specia l Popula t ions,” Basic Law Enforcem ent Train ing, 44-47.

12 Ibid., 49-52.

13 Ibid., 52-53.

14 Ibid., 55-56.

15 Ibid., 33-35.

16 Ibid., 35-38.

17 APatrol Techniques.@ Basic Law Enforcem ent Train ing (Sa lemburg, NC:

NC J ust ice Academy, 1994), 51-53.

18 E . Lorra ine Snyder , Hate Crim e Reporting: Verification (Sa lemburg, NC:

NC J ust ice Academy, 1992), 11.

19 APatrol Techniques,@ 53-55.



In st r u ct or

20

Stephen M. Hennessy, Think ing Cop Feeling Cop (Scot tsda le: Leadersh ip,

Inc., 1995), 15-40.

dealing with victims and the public - iadlest · dealing with victims and the public ... adler,...

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