Admin 40 victims/witness Flashcards
All victims of crime and prosecution witnesses shall have the right to:
a. Be treated with dignity and compassion.
b. Be protected and supported with prompt action in the case of intimidation or retaliation from the defendant and the defendant’s agents or friends.
c. Without requiring the expenditure of additional funds or additional construction or renovation, whenever possible, victims of crime and prosecution witnesses should be provided waiting areas that are separate and secure from the defendant or defense witnesses during all stages of the judicial process.
All victims of crime shall, upon their request, have the right to be fully informed orally, in writing, or by videotape by the office of the district attorney general, acting through the appropriate victim/witness coordinator, of the following:
a. The various steps and procedures involved in the criminal justice system;
b. The procedure and basis for continuances in the proceedings;
c. The procedure involved in the plea-bargaining process and how to request input into such process;
d. The times, dates and locations of all pertinent stages in the proceedings following presentment or indictment by the grand jury;
e. The methods by which the victim may have input into a convicted defendant’s sentence, including the pre-sentence report and the sentencing hearing;
f. The stages in the appellate process and how to obtain information concerning appellate action that has an effect on the defendant’s conviction or sentence and the date a defendant’s sentence becomes final;
g. How to obtain pertinent information relating to the possible release of an appropriate inmate, including notification of any department of correction decision permitting such inmate’s release into the community, or any scheduled hearing by the board of paroles concerning the inmate’s parole or application for executive clemency;
h. The methods by which the-victim may obtain restitution directly from the defendant and information about obtaining assistance in obtaining such restitution; and
i. The methods by which the victim may obtain a monetary award or other benefits from the criminal injuries compensation fund and information about obtaining assistance in securing such award or benefits; and whenever possible, the victim and/or witness shall be advised and informed of plea-bargaining discussions and agreements prior to the entry of any plea agreement. Where a person is a victim of violent crime, involving death of a family member or serious bodily injury they may be able to speak at parole hearings, submit a victim impact statement to the courts and the board of paroles, and give impact testimony at court sentencing hearings.
The department shall advise all victims/witnesses of remedies in the event of threats or violence to them or their family. Remedies include, but are not limited to: [55.2.2]
a. Close watch of the victim/witnesses property;
b. Referral to the District Attorney General’s Office for legal remedy and possible prosecution for victim/witness intimidation;
c. In extreme cases, the possibility of removal of the victim/witness from a hostile environment.
The procedure for death notification when the victim is local and the next-of -kin is local is as follows:
a. Notify the supervisor.
b. Call for the medical examiner.
c. Call for the Chaplain or family clergyman, if applicable.
d. The notification shall be delivered in person.
e. Do not leave the survivor without some on scene assistance.
f. Always note the time of the notification.
g. If an autopsy is ordered, notify the next-of-kin and have them sign the appropriate papers, if possible, and make note of the time.
h. Notify the PIO that the family has been notified.
The procedure for death and death notification when the victim is local and the next-of-kin lives out of the area is as follows:
a. Notify the Supervisor
b. Call for the medical examiner.
c. Call for a Chaplain, if applicable.
d. Notify the law enforcement agency in the area where the next-of-kin lives. Give them the information to take to the family; who, where, and whom to contact. Also, have that agency notify the family if an autopsy is ordered. Ask the agency to note the time the notification is delivered and contact supervisor of the 911 Unified Communications District as soon as the notification is complete.
e. The supervisor of the 911 Unified Communications District shall notify the officer, investigator, or Chaplain as soon as the other agency returns the contact.
The procedure for death and death notification when the victim is out of town and the next-of-kin is local is as follows:
a. Notify the Watch Supervisor, who will determine whether to call a Chaplain or have an on-duty officer deliver the notification.
b. Ascertain all available information such as who, when, where, how, and whom to contact.
c. Verify by taking a telephone number and immediately returning the call.
Notification in the case of injury may be accomplished by telephone communication. True of False?
True
Method to Deliver Death Notifications
- Ask to gain entrance to residence. Do not, if possible, deliver the notice from outside the door. Do not, if possible, deliver the notice over the telephone.
- Make an attempt to get all present in one room and have them be seated.
- Be direct, in the case of death use the word “dead” in reference to the victim’s condition. Give the information that will be needed, (who, what, when, where, how, and whom to contact). It may be best to have the information written down and leave a copy.
- If possible, ascertain possible medical and emotional condition of the individual that must receive the death notification prior to delivery.
- Do not leave without some support person to remain to assist survivors.
- If an autopsy is ordered, the family shall be notified of the order.
- Make note of the time of notification.
- Notify the PIO once family notification has been made.
