BSD 4018 Victim Witness Response Flashcards
What are some types of impact of victimization?
Physical/physiological
Cognitive
Emotional/psychological
Financial
Social
Spiritual
Crime victims and sometimes witnesses are likely to experience ______.
A physiological trauma response
When a victim is harmed by a perpetrator, what response is activated?
The fight, flight, or freeze response
What are the principle components of “psychological first aid” techniques?
YOU/WE/I in combination with the 5 step law enforcement interview
Introduction (you) = safety and security (address basic needs and safety needs, move out of sight and sound of scene and suspect, explain the interview process)
Rapport (you) = vent their feeling about the incident, validate those feelings and emotions, redirect any victim self-blame/responsibility
Rapport (we) = Explain your specific role and how you can help, predict, prepare, and provide information, prepare the victim for the investigation process
Questions (I) = question the victim concerning the events, ask open ended questions and allow pauses, avoid interruptions, use patience, flexibility and time
Summary (I) = review what the victim told you, ask the victim if there is anything else they would like to tell you
Close (I) = provide information on victim’s rights and resources
What are the two statutory mandates that guide law enforcement’s responsibility to provide rights and services?
VRRA (Victim’s Rights and Restitution Act)
CVRA (Crime Victim’s Rights Act)
When do the different mandates begin?
VRRA = once a crime is detected by law enforcement (begin at the initial investigation and continue until criminal proceedings have ended)
CVRA = when federal criminal proceedings are filed (after charges are filed and continue until criminal proceedings have ended)
Who does/does not qualify as a VRRA victim?
Does = a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime (including corporate entities/institutions, foreign nationals, or US citizens abroad harmed by federal crime)
Does not =
1. witnesses who suffered no direct harm, or unable to provide evidence
2. Individual who were culpable for the offense (has to be crime in question, not a different crime)
3. Government entities (except with respect to restitution)
What information should an officer get to verify the victim’s identity?
Victim contact information and other vital reporting information
(Ie. Full name, date of birth, current address, telephone number, email, etc.)
Who does/does not qualify as a CVRA victim?
Does = a person directly and proximately harmed as a result of the commission of a federal offense (includes corporate entities/institutions, foreign nationals, US citizens abroad)
Does not =
1. witnesses who suffered no direct harm, or unable to provide evidence
2. Individuals who were culpable for the offense (has to be crime in question, not a different crime)
3. Government entities (except with respect to restitution)
What are the 4 key law enforcement roles in reference to victims?
Identification
Protection
Referrals
Notice
What is restitution?
process at sentencing where the court orders the defendant (offender) to pay for the financial losses incurred by the victim as a result of the crime
Full and timely as provided in law
Who provides compensation for victims? What can this fund be used for?
Every state government provides compensation for crime victims through the Crime Victims Fund which is funded by fines paid by federal defendants (offenders)
Used to reimburse victims for crime-related expenses (ie. Medical costs, mental health counseling, funeral/burial costs, some states even lost wages)
What are victim assistance professionals?
Individuals who receive extensive training on how to work with victims. They understand how crime impacts victims and how it affects their ability to comprehend, cope, and cooperate.
What are the operational benefits of bring victim assistance it into law enforcement?
What roles do they play?
It serves to increase support to provide victims ongoing services and referrals
AND
It ensures victims are accorded their rights and services
Roles of Victim Assistance professionals:
1. Serve as the primary point of contact, freeing up LEO time
2. Provide crisis intervention, help stabilize and develop trust with victim
3. Establishes coordinated services and support through both the investigation and prosecution
4. Provide referrals to assist victims with services and safety needs
What are steps to ensure good mental health for LEOs?
- Buddy Check
- Intervention (ACT Model = Ask, Care, Take Action)
- Confidentiality (unless desire to harm themselves or someone else)
Define victim
A person who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a federal crime
Define witness
A person who has information or evidence of a crime and is providing such evidence to law enforcement
What are communication skills for building effective relationships with victims and witnesses?
Allow victims time to talk about what happened and how they feel
Allow choices to give back to victims some of the control that the perpetrator took away
Reassuring victims feelings are natural given what happened
Look for opportunities to recognize the victims strength
When is a victim considered to have PTSD?
Symptoms more than a month
Is paying off a smuggling fee considered trafficking?
No, simply paying off a smuggling fee is not considered trafficking