Victim and Witness Assitance Flashcards
What are the critical needs of crime victims?
Safety, Support, Information, Access, Continuity, Voice, Justice
What should responding officers do to help victims of crime?
Assist in ensuring safety, conduct trauma assessment, provide support, avoid insensitive questioning
What are some measures authorized for responding officers to complete for a victim of crime?
Ensure victims are safe, conduct trauma assessment, develop supportive presence, facilitate security measures
What steps should officers take when responding to harassing communications incidents?
Instruct victim on course of action, advise saving evidence, provide guidance on engagement with suspect
What services should be rendered to victims or witnesses during preliminary investigations?
Offer information, provide emergency assistance, offer support services at minimum
Who may assist law enforcement on behalf of individuals unable to provide information due to a disability under GO 1993-07G?
A parent, guardian, or ‘next friend.’
What form must be completed and submitted as part of the U visa process?
Form I-918, Supplement B, U Nonimmigrant Status Certification.
Who must sign the Form I-918, Supplement B in the U visa process?
An authorized official of the certifying law enforcement agency (The Chief of Police, or designee).
What is one of the responsibilities of the BOI Special Victims Section in the U visa process?
Researching records to determine if the applicant is a cooperating victim of a qualifying crime.
When will recommendations to the Chief of Police be provided in the U visa application process?
Only when the applicant’s case has not yet been prosecuted.
What happens to a U visa application once a case has been prosecuted?
It gets forwarded to the prosecutor’s office that handled the prosecution.
What was created in October 2000 by passing the Victims of Trafficking and Violence Protection Act (VTVPA)?
The ‘T’ nonimmigrant status for victims of human trafficking (T visa).
What is human trafficking also known as?
Trafficking in persons, a form of modern-day slavery.
Who does the T Nonimmigrant Status (T visa) protect and offer assistance to?
Those who are or have been victims of human trafficking.
Who is responsible for conducting a biennial documented review of victim and witness assistance needs in Fayette County?
The Special Victims Section lieutenant
What is the purpose of the biennial review conducted by the Special Victims Section lieutenant?
To identify appropriate victim or witness services without duplicating existing services.
Who should the Special Victims Section lieutenant forward the completed review report to?
BOI assistant chief and accreditation manager
What are the Supervisor’s Responsibilities in the Special Victims Section?
Administering and coordinating victim and witness assistance efforts.
What are the specific responsibilities of the supervisor in the Special Victims Section?
Supervision of victim advocates, liaison with other agencies, and organizing training.
What is the U nonimmigrant status (U visa) intended for?
Victims of certain crimes who suffered mental or physical abuse and assist in criminal investigations.
When was the U visa created?
In October 2000, with the passage of the Victims of Trafficking and Violence Protection Act.
What are examples of qualifying criminal activities for U nonimmigrant visa eligibility?
Rape, abduction, domestic violence, manslaughter, and other related crimes.
What are the eligibility criteria for a U nonimmigrant visa applicant?
Victim of qualifying criminal activity, suffered abuse, and has information about the crime.
Who can possess information about the crime on behalf of a person under the age of 16 or with a disability?
A parent, guardian, or ‘next friend’
What services can Victim Advocates provide to victims of criminal offenses?
Crisis intervention, guidance, case status updates, emotional support, assistance with court proceedings.
Who reviews assistance requests for victim advocate services from other agencies?
Special Victims Section supervisor.
What training is required for victim advocates as per KRS 421.570?
Training on advocacy versus law practice and appropriate intervention with crime victims.
What information should officers ensure victims receive upon initial contact?
Information on protective services, crime victim compensation, community-based programs, criminal justice process, and detainee release notification.
How can victims and witnesses be protected from intimidation, harassment, and retaliation?
By providing them information on protection measures as per KRS 524.040 or 524.055.
How can the victim or witness access emergency financial assistance?
Through Form #156 Community Resources for Victims and Witnesses.
What should be done for a victim or witness facing threats from the suspect’s family?
Inform them about what to do if threatened or intimidated.
Why is it important to inform the victim or witness of the case number?
To provide them with subsequent steps in the processing of the case.
What should be established for a victim or witness if appropriate?
An extra patrol, utilizing Form #636 (Bureau of Patrol Extra Patrol Form).
When should a victim or witness be recontacted during follow-up investigations?
Within ten days of the initiation of an investigation and periodically thereafter.
How should officers and victim advocates handle crime victims with special needs?
Attend to them in a manner that best supports their life conditions and specific situations.
What should officers and victim advocates be sensitive to regarding crime victims?
Cultural needs by ensuring access to translator services when appropriate.
What should be determined when following up on the impact of a crime on a victim or witness?
If the impact has been unusually severe triggering above average need for assistance.
What should be explained to the victim or witness by the investigating officer?
The procedures involved in the prosecution of their cases and their role in those procedures.
How should the scheduling of required appearances be done for the victim or witness?
At their convenience whenever feasible, considering their physical, financial, and emotional state.
What are the eligibility criteria for a T visa?
- Victim of trafficking, 2. In the US due to trafficking, 3. Assist in investigation, 4. Extreme hardship if removed, 5. Admissible to the US.
What evidence is needed to show law enforcement agency support for a T visa application?
Form I-914, Supplement B Declaration of Law Enforcement Officer.
Who is required to sign Form I-914, Supplement B for a T visa?
Certifying officer and their supervisor.
Under what circumstances can a person apply for a waiver if not admissible to the US for a T visa application?
If not admissible, a person may apply for a waiver.
What is the purpose of the Victim and Witness Assistance policy?
To outline employees’ responsibilities to provide support, information, and guidance to victims and witnesses.
What role does the Victim Advocate Program play according to the policy?
Establishes the role and responsibilities of providing assistance to crime victims.
What resources are available to victims in Fayette County related to domestic violence?
The Survivor’s Handbook provided by the Lexington Department of Social Services.
What is the department’s policy regarding the confidentiality of victim and witness data?
All data, files, and records shall be kept confidential and protected, except when acting in accordance with applicable laws.
Who are considered covered individuals in the policy?
Individuals who are expected to interact with participating minors in a certain capacity.
How are crime victims defined in the policy?
Generally, a person who has been physically and/or emotionally injured due to a crime occurrence.
What do Victim Advocates in the department do?
Provide preliminary support and services to crime victims as civilian employees.
Define a witness according to the Lexington Police Department.
A person determined by the department to have relevant information about a crime.
What should the assigned detective do within ten days of receiving a police report with viable investigative information?
Attempt to contact the victim, provide information, updates, and schedule interviews.
What information should victims and witnesses be provided with upon arrest, during post-arrest processing, and while awaiting trial?
Information on VINE for notification of perpetrator release and updates on perpetrator’s legal status.
What role do officers and victim advocates have during a criminal justice orientation?
Provide information on the criminal justice process and the responsibilities of victims or witnesses.
What assistance should be offered to victims or witnesses who have been threatened or fear further victimization?
Appropriate assistance, protective measures, and support to ensure their safety.
What should be done to reduce fear or provide comfort to victims and witnesses during court proceedings?
Accompany them to court, stay with them, and segregate from the defendant when possible.
What protective measures may be taken in response to telephone threats?
Traces and/or recordings of threats, extra patrol in the neighborhood, escorts or surveillance, field investigation records, temporary relocation, documentation of threats at roll calls.
How should an officer handle a potential danger to a victim or witness in another jurisdiction?
Contact supervisor, notify appropriate law enforcement agency, document information on electronic report.
What is the responsibility of an officer upon becoming aware of a threat to a victim or witness?
Attempt to notify victim or witness, offer assistance, inform about available options.
How is victim and witness assistance information provided by the department?
24-hour contact point, officer dispatched upon E911 call, awareness of assistance services including Victim Advocate Program and community resources.
How does the department engage in public education regarding victim and witness assistance services?
Utilizing various mediums like news media, articles, brochures, website, social media, and presentations to inform public about available services.
Why is liaison with other agencies supporting victims and witnesses important?
Establishing cooperative partnerships, sharing information regularly are vital for comprehensive support and assistance to victims and witnesses.
Who completes a written determination of suitability before individuals interact with participating minors?
Bureau of Investigation Special Victims Section (SVS) lieutenant
What does the background investigation for suitability include?
Registries like the National Sex Offender Public Website, criminal history, and more
How often is an additional background investigation requested for covered individuals?
Every two years for reexamination
What criteria must individuals meet for suitability in interacting with minors?
Consent to criminal history search, no false statements, not listed as sex offender, etc.
What guidelines must individuals follow for in-person contact with a participating minor?
Must be personally accompanied by a suitable adult and document communication
What is the aim of the Victim Advocate Program?
Provides services to crime victims through referrals, advocacy, and support
How do victim advocates ensure victims are treated during the criminal justice process?
By protecting their rights, ensuring dignity, and respect
